Not Reserving Judgment

In Episode 156, we tell you about newly-uncovered documents that show Pierre Trudeau was warned he didn't need emergency powers during the October Crisis. Plus, we tell you about a case that will decide when employees need to turn over work chats.

Stories and cases discussed in this week's episode:

In Episode 156, we tell you about newly-uncovered documents that show Pierre Trudeau was warned he didn't need emergency powers during the October Crisis. Plus, we tell you about a case that will decide when employees need to turn over work chats.

Stories and cases discussed in this week's episode:

In Episode 155, we explain why the federal "no more pipelines" law was struck down by an Alberta court for the second time. Plus, we walk through a Supreme Court of Canada decision that upheld a light sentence given to an Aboriginal man who beat up his Aboriginal girlfriend.

Stories and cases discussed in this week's episode:

In Episode 155, we explain why the federal "no more pipelines" law was struck down by an Alberta court for the second time. Plus, we walk through a Supreme Court of Canada decision that upheld a light sentence given to an Aboriginal man who beat up his Aboriginal girlfriend.

Stories and cases discussed in this week's episode:

In Episode 154, Alexander and Christine discuss the consequences of the Lawful Access Act—even before the law is passed—and the British Columbia Supreme Court's reasons in the case of R v Kalicum, 2026 BCSC 1855; the so-called 'right to deal drugs' case.

Stories and cases discussed in this week's episode:

Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh...

In Episode 153, we tell you about our new freedom of the press case, supporting an independent journalist banned from Alberta Health Services property for trying to do his job. Plus, we update you on the latest developments in the Cowichan Tribes aboriginal title litigation.

Stories and cases discussed in this week's episode:

In Episode 152, we tell you about a new Montreal bylaw banning offensive speech directed at police and municipal employees. Plus, we dig into a new decision that found that the famous anti-gay-lifestyle activist Bill Whatcott guilty of criminal hate speech for his "gay zombies" flyer.

Stories and cases discussed in this week's episode:

In Episode 151, we tell you about the BC Human Rights Tribunal decision awarding $20,000 to a teen after a doctor refused to give a puberty blocker. Plus, we discuss a judge's decision to give no jailtime to an Indigenous man who killed a 12-year-old while driving 90 in a 50 km/h zone.

Stories and cases discussed in this week's episode:

In Episode 150, we tell you about our new case involving a B.C. realtor who was warned he could be disciplined because he opposed the closure of Joffre Lakes Park to non-Indigenous. Plus, an Alberta court finds trustee who compared Pride to Nazis can't be forced to apologize.

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In Episode 149, we discuss the constitutional problems with chasing the anti-immigrant group Dominion Society out of Hamilton, Ontario, and we explain Alberta's new dual practice model for doctors. Plus, we give our Bad Legal Takes of the Week.

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In Episode 148, we discuss the constitutionality of Ontario Premier Doug Ford's proposal to block Alberta oil exports to the U.S. during the trade war. Plus, we discuss the U.S. demand for changes to the Online News Act and Online Streaming Act.

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In Episode 147, we do a deep dive into an Ontario Court of Appeal decision that found there is, in fact, no constitutional right to bike lines. Plus, we discuss the shocking revelation that the blacklist of Freedom Convoy participants was shared with thousands of people and institutions.

Stories and cases discussed in this week's episode:

In Episode 147, we do a deep dive into an Ontario Court of Appeal decision that found there is, in fact, no constitutional right to bike lines. Plus, we discuss the shocking revelation that the blacklist of Freedom Convoy participants was shared with thousands of people and institutions.

Stories and cases discussed in this week's episode:

In Episode 146, Alexander and Christine discuss the Town of Aylmer's extraordinarily broad restrictions on ordinary election campaigning, as well as a case on its way to the Supreme Court which asks whether requiring a lawyer to swear allegiance to the Crown violates the Charter.

Stories and cases discussed in this week's episode:

Not Reserving Judgment is a podcast about Canadian constitutional law hosted...

In Episode 145, we tell you about our new patients' rights challenge on behalf of a teenager who was forced to leave Canada for scoliosis surgery. Plus, we explain the new Democracy Watch decision, which finds administrative decisions are always reviewable for basic legality.

Stories and cases discussed in this week's episode:

Not Reserving Judgment is a podcast about...

In Episode 144, we tell you about a trespass notice given to an independent journalist in Alberta who was just trying to do his job. Plus, we discuss a terrorism charge laid against a Toronto pro-Palestinian protester who allegedly assisted Hamas.

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In Episode 143, we explain why billionaire businessman Frank Stronach is no longer guilty of sexual assault after a judge declared a mistrial, and why the acquittal of Freedom Convoy organizer Pat King on the charge of intimidation was overturned by the Ontario Court of Appeal. 

Stories and cases discussed in this week's episode:

In Episode 142, we tell you about a victory for free speech after a court rules Ontario can't ban billboards just because they criticize politicians and public health officials. Plus, a horrific Ontario incest case shows why the reasonable hypotheticals doctrine isn't so reasonable after all.

Stories and cases discussed in this week's episode:

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In Episode 141, we tell you about reporting that says B.C. may be about to recognize the Tahltan have Aboriginal title over up to 11% of the province. Plus, we explain what's in the Ministry of Industry memo that says the government could start suing over misinformation on social media.

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In Episode 140, we tell you about the case of a Muskoka, Ontario, drag performance critic charged with criminal hate speech. Plus we discuss a new report that shows half of criminal charges in Canada are stayed or withdrawn.

Stories and cases discussed in this week's episode:

Not Rese...

In Episode 139, we tell you about the case of an Ontario couple who could be on the hook for $1 million or more in archeology and reconciliation fees, after finding ancient remains on their property. Plus, we tell you about Justice Glenn Joyal, the newest member of the Supreme Court.

Stories and cases discussed in this week's episode:

In Episode 138, we update you on the case of a small-town mayor fined for opposing a Pride proclamation, and we explain why we think the Quebec government owes taxi drivers for taking their property. Plus, our Bad Legal Takes of the Week go to the CCLA and Amber Mac.

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In Episode 137, we explain why the Carney government's plan to regulate artificial intelligence and social media may be the biggest threat to free speech in decades. Plus, Ontario’s Court of Appeal overturns ruling that found a law blocking animal activists from farms violated free speech.

Stories and cases discussed in this week's episode:

In Episode 136, we explain why Nanaimo, British Columbia got our 2026 Municipal Muzzle Award for censoring Ben Bankas' comedy show, and we explain the status of Bill C-9, which would chill religious speech and may now also outlaw residential school 'denialism.'

Stories and cases discussed in this week's episode:

In Episode 135, we take a deep dive into an decision that says Waterloo Region can't tear down a homeless encampment to build a transit hub because that would violate the rights to life, liberty, security of the person and equality. Plus, Alberta to hold a referendum on a referendum.

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In Episode 134, we tell you about a BC Human Rights Tribunal decision that finds holding the classical liberal view on DEI is not a protected political view, unlike socialism. Plus, we discuss the newly-created tort of intimidate partner violence.

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In Episode 133, we explain why Kelowna can move ahead with its petition to rein in Freedom Rally protesters and we discuss an Edmonton Police pilot project using bodycams and facial recognition software. Plus, we share our Bad Legal Takes of the Week.

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In Episode 132, we tell you what conservatives and libertarians are clashing over at the Canada Strong and Free conference in Ottawa. Plus, we tell you about our latest victory on the free speech front.

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In Episode 131, we discuss whether the University of Lethbridge's banishment of Professor Frances Widdowson violated the right to freedom of expression, and we tell you about a Nova Scotia law that bans naming kids who died in care. Plus, our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

In Episode 130, we explain our concerns that the upcoming Online Harms Act will include a digital safety commissioner tasked with censoring speech online, and we walk you through our successful challenge to Nova Scotia's woods ban. Plus, our Bad Legal Takes of the Week.

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In Episode 129, we explain why floor crossings are constitutionally permitted in Parliament even if they betray local voters, and we dig into the Canada Research Chair program's quotas, which lead to professor job postings limited to only women and people with disabilities.

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In Episode 128, we discuss the impact of the $90-billion Alto high-speed rail proposal on property rights, and we explain why we're opposed to Quebec's Bill 9, which would ban prayer in many public places. Plus, we give you our Bad Legal Takes of the Week.

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In Episode 127, we consider whether Ontario's and Alberta's attempts to get politics out of the classroom will help or hinder freedom of expression. Plus, we explain our concerns with C-22, a federal bill that would require telecom companies to keep track device locations for one year.

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In Episode 126, we explain what happened this week at the Supreme Court in the notwithstanding clause case, we explain why the R v Singer decision means you should consider putting up a No Trespassing sign. Plus, our Bad Legal Takes of the Week.

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In Episode 125, we give you a full recap of the three-day hearing in Halifax into the constitutionality of Nova Scotia's ban on traveling into the woods, and we explain why Ontario Premier Doug Ford's attempt to shut down the Al-Quds Day protest properly failed. Plus, our Bad Legal Takes of the Week

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In Episode 124, we explore both the practical and theoretical constitutional consequences of Alberta separation, however unlikely, and particularly for Indigenous groups in that province. Christine explains the recent Kanyinda decision from the Supreme Court of Canada (Quebec (Attorney General) v. Kanyinda, 2026 SCC 7) and it looks like, once again, we have more "bubble zones" to fight.

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In Episode 123, we explain the new agreement between Canada and the Musqueam Nation recognizing Aboriginal title in Greater Vancouver. Plus, we discuss the new mandatory Indigenous cultural course requirement for all lawyers in the Province of Ontario.

Stories and cases discussed in this week's episode:

Not Reserving Judgment is a podca...

In Episode 122, we explain why we're horrified that the B.C. Human Rights Tribunal has ordered former school trustee Barry Neufeld to pay teachers $750,000 for his speech. Plus, we update you on a disturbing new way that Bill C-9 could infringe on freedom of expression.

Stories and cases discussed in this week's episode:

In Episode 121, we explain our concerns over Durham Region's new "non-criminal hate incident" reporting program, we discuss the Supreme Court's decision in Taylor, which finds a broad right to free movement in Canada, and we give you our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

In Episode 120, we explain our concerns with Manitoba's expropriation of a long-term care home, discuss a lawsuit alleging the RCMP violated the free expression of a journalist documenting a pipeline controversy, and we introduce our new Counsel, Alexander Surgenor.

Stories and cases discussed in this week's episode: