Not Reserving Judgment - podcast cover

Not Reserving Judgment

Canadian Constitution Foundationblubrry.com
In each episode of Not Reserving Judgment, Canadian Constitution Foundation Executive Director Joanna Baron, Litigation Director Christine Van Geyn, and Counsel Josh Dehaas walk you though the latest Canadian constitutional law headlines, update you on our litigation, and share our Bad Legal Takes of the Week.
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Episodes

Episode 91: Man who took mushrooms NOT GUILTY of sex assault. Plus, new trans prison policy.

On Episode 91, we tell you about the arrest of three women for holding up a sign in city council, we discuss a new Quebec prison policy that will assign trans prisoners based on their anatomical sex, and we explain why a man was acquitted because he took magic mushrooms. Stories and cases discussed in this week's episode: Winnipeggers warned to keep their grass short or face fines Three women arrested in Niagara Falls for protesting city councillor charged with abuse Canada's Most Censorious Byl...

Jun 25, 202544 min

Episode 90: Legal challenge to fetus image ban. Plus law student PUNISHED for criticizing DEI.

On Episode 90, we tell you about a legal challenge to London, Ontario's "graphic images" bylaw that bans images of fetuses in public, and we discuss a legal challenge by a former University of Saskatchewan student (our friend Tim), who punished for his opinions on D.E.I. Stories and cases discussed in this week's episode: ARPA Canada Challenges London’s “Graphic Image” Bylaw as Unconstitutional Restriction on Pro-Life Expression (ARPA) London group to screen documentary on what it did to ban gra...

Jun 18, 202533 min

Episode 89: Liberals could exempt preferred projects from ANY law. Plus, Ontario's 'anti-woke' education bill.

On Episode 89, we tell you about the Liberals' plan to exempt big projects from any federal law without Parliamentary approval, Ontario's plans to reduce wokeness in education, and the shameful response to complaints about a Charlie Hebdo cartoon on an exam in Manitoba. Stories and cases discussed in this week's episode: Government rejects Bloc’s call to split internal trade, major projects legislation What federal Bill C-5, the One Canadian Economy Act, is all about No jail time for B.C. man wi...

Jun 11, 202525 min

Episode 88: Which city is WORST for free speech? Plus Carney's new bill raises privacy concerns.

On Episode 88, we tell you about a new bill that would ban big cash transactions, let police get some info without a warrant, and allow an immigration freeze. Plus, we discuss our new report on Canada's Most Censorious Bylaws, and a new law aimed at cultivating Quebec values. Stories and cases discussed in this week's episode: CCF Presents First-Ever Municipal Muzzle Award for Canada’s Most Censorious Bylaw BILL C-2 Can Ottawa solve the problem of millions of expiring Canadian visas? Parents ups...

Jun 05, 202549 min

Episode 87: When do protests become illegal? Plus, can police use AI facial recognition?

On Episode 87, we tell you about Toronto's new bubble zone bylaw (a.k.a. protest ban), we discuss whether police can use Clearview AI facial recognition technology without violating privacy rights, and we update you on our latest win for free speech in Whitehorse, Yukon. Stories and cases discussed in this week's episode: CCF to drop lawsuit after Whitehorse amends speech-restricting Civility Policy (CCF) Some protests in Toronto are crossing lines. We shouldn’t let city staff decide where those...

May 28, 202536 min

Episode 86: Why a court greenlit the B.C. ostrich cull. Plus tribunals find vax mandates violated rights.

On Episode 86, we discuss the Federal Court decision green-lighting the killing hundreds of ostriches on a farm in B.C., we tell you about two new decisions that found vaccine mandates breached Charter rights, and we give you our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Labour board rules denial of religious exemption from vax mandates breached Charter (Western Standard) WestJet ordered to pay 11 months' salary to accountant fired for refusing to be vaccin...

May 21, 202543 min

Episode 85: Police use DRONES to film drivers. Plus, non-Indigenous banned from B.C. beach.

On Episode 85, we tell about the outrageous decision by Kingston Police to use drones to spy on drivers in their cars, we explain why Canada's privacy laws are overdue for an update, and we walk through the dubious claim that First Nation treaties could block Alberta separation. Stories and cases discussed in this week's episode: Kingston Police Traffic Safety Unit incorporates drone technology to address distracted driving Drone Surveillance of Drivers “Clearly Unconstitutional" (CCF) R. v. Jar...

May 14, 202543 min

Episode 84: Ontario may let police seize landlords' cash. Plus, a Charter right to climate action?

On Episode 84, we tell you about a proposed Ontario law that would allow police to seize suspected 'proceeds' of drugs from landlords, we discuss whether kids have a constitutional right to a particular climate change target, and we update you on western separation efforts. Stories and cases discussed in this week's episode: Ontario Attorney-General defends Ford’s comments on judicial independence (Globe and Mail) Bill 10, Protect Ontario Through Safer Streets and Stronger Communities Act, 2025 ...

May 07, 202548 min

Episode 83: Alberta to make separation EASIER. Plus, what Carney means for unity, health and speech.

On Episode 83, we explain how Premier Smith just made Alberta separation easier, and discuss what to expect from PM Carney on healthcare, pipelines and free speech. Plus, our Bad Legal Takes including the dubious claim that land acknowledgements aren't political. Stories and cases discussed in this week's episode: Christine Van Geyn: Beware Liberal, NDP attacks on free expression (National Post) Premier Smith's letter to Trudeau over the Impact Assessment Act (Alberta.ca) Alberta sets groundwork...

Apr 30, 202550 min

Episode 82: Did the Liberals violate election law by planting MAGA buttons?

On Episode 82, we consider whether the Liberals' misleading MAGA buttons violated election laws; we discuss what to expect from Mark Carney on civil liberties if he wins on April 28; and we explain our argument at the Supreme Court on the right to inter-provincial travel. Stories and cases discussed in this week's episode: Liberal operatives planted 'stop the steal' buttons at conservative conference (CBC News) Victory for Canadian Constitution Foundation: court strikes down election censorship ...

Apr 16, 202551 min

Episode 81: Why we're taking UBC to court for its political activity

On Episode 81, we discuss why we're taking UBC to court for its political activity, we walk you through an Ontario Court of Appeal decision that found Ontario's COVID-19 protest ban violated peaceful assembly, and we explain why McGill is breaking with its student union. Stories and cases discussed in this week's episode: WARMINGTON: Why punish guy trying to free Sir John A. Macdonald from a box? McGill cuts contractual relationship with student union following pro-Palestinian protest UBC profes...

Apr 08, 202548 min

Episode 80: Judge finds gov't owes NOTHING to family of teen who died after vaccine

On Episode 80, we tell you about a new citizenship law on a Saskatchewan First Nation that would allow people to be banned based on 'maturity,' and we walk you through a decision that found the government owed no duty of care to a boy who died after the COVID-19 vaccine. Stories and cases discussed in this week's episode: Hartman v. Attorney General of Canada et al., 2025 ONSC 1831 (CanLII) Test case on First Nation's citizenship law (Blacklock's) Carney says he will not repeal Liberals' anti-pi...

Apr 02, 202531 min

Episode 79: Why Poilievre didn't get a security clearance. Plus, can Carney tax oil exports?

On Episode 79, we discuss why the NSICOP Act limits what Pierre Poilievre can say after he gets a security briefing, we tell you about the curious constitutional challenge to closing some of Ontario’s safe injection sites, and we consider the constitutionality of an export tax on oil. Stories and cases discussed in this week's episode: Carney refuses to rule out export taxes on Alberta oil or Sask uranium and potash against US (Western Standard) Protecting Vulnerable Social Infrastructure By-law...

Mar 26, 202554 min

Episode 78: B.C. premier's power grab, nurse DISCIPLINED for speech & hate charges in TO

On Episode 78, we discuss the B.C. premier's apparent power grab (Bill 7); we explain why it was wrong to discipline B.C. nurse Amy Hamm for her off-duty speech about sex; and we tell you about hate crime charges in Toronto. Plus, our thoughts on Mahmoud Khalil's deportation. Stories and cases discussed in this week's episode: CCF to Premier Eby: Reconsider Bill 7’s Brazen Power Grab Amy Hamm: I spoke the truth about women's rights. That isn't professional misconduct (National Post) B.C. College...

Mar 19, 202555 min

Episode 77: Ontario man must pay drag performers $380K for 'groomer' comments

On Episode 77, we tell you why an Ontario man has to pay drag performers $380,000 for his 'groomer' comments, we discuss the constitutional limits of PM Carney's position, and we explain why the new election spending decision was not 'Canada's Citizen's United.' Stories and cases discussed in this week's episode: Man must pay $380K for ‘hate speech’ on his northern Ont. Facebook page Howard Anglin: The constitutional limits on Carney’s powers as prime minister Top court finds Ontario spending li...

Mar 13, 202533 min

Episode 76: Ontario man WINS another chance to defend his naturalized garden in court

On Episode 76, we explain what happened in an appeal of Mississauga's decision to mow down a man's naturalized garden; we update you on our Calgary anti-protest bylaw challenge; and we tell you about a teacher bragging about keeping kids from reading about Elon Musk. Stories and cases discussed in this week's episode: Ruck v. Mississauga (City), 2025 ONCA 147 (CanLII) Ruck v. City of Mississauga, 2024 ONSC 2579 (CanLII) Teacher-Librarian trashes Elon Musk book Ontario Court of Appeal sends decis...

Mar 06, 202532 min

Episode 75: Special update on Calgary battle over free expression

In lieu of our regular programming this week, we're sharing Litigation Director Christine van Geyn's recap of yesterday's court hearing on the City of Calgary's ban on specified protests outside of recreational centres and libraries. We'll be back next week with a regular episode!

Feb 26, 202539 min

Episode 74: Feds pour MILLIONS into activist lawsuits. Plus, when can cops snoop on your land?

On Episode 74, we tell you about a new report on the program doling out taxpayer dollars to activist groups suing the government; we discuss a new election signs bylaw in St. Catharines, Ont.; and we tell you about a Supreme Court case about when police can enter your property. Stories and cases discussed in this week's episode: St. Catharines bans display of election signs on non-residential property (CHCH) CCF at the Supreme Court in case about police search powers TODAY February 18 The Court ...

Feb 19, 202547 min

Episode 73: Is this LBGT advocate really an unbiased expert? Plus, are monks INVADING P.E.I.?

On Episode 73, we consider Pierre Poilievre's novel interpretation of constitutional rights in relation to fentanyl; we discuss Calgary's attempt to have a questionable LGBT expert give evidence in our bylaw challenge; and we tell you about the monks buying up land in P.E.I. Stories and cases discussed in this week's episode: Monks, money and the fierce debate over PEI’s scarce land Government asked to order new investigation into Buddhist land ownership in P.E.I. 'A privilege and an honour': Ed...

Feb 12, 202546 min

Full Recap of Day 2 of the Emergencies Act appeal in Federal Court

Instead of our regular episode, Christine gives you a full recap of day two of arguments in our Emergencies Act appeal in the Federal Court of Appeal. Read more: Christine Van Geyn: Court ruling condemning use of Emergencies Act must be upheld Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending right...

Feb 11, 20251 hr 5 min

Full Recap of Day 1 of the Emergencies Act appeal in Federal Court

Instead of our regular episode, Christine gives you a full recap of day one of arguments in our Emergencies Act appeal in the Federal Court of Appeal. Read more: Christine Van Geyn: Court ruling condemning use of Emergencies Act must be upheld Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn. The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending right...

Feb 05, 20251 hr 1 min

Episode 72: Are anti-immigrant signs hate crimes? Plus a LOSS in our B.C. vaccine card challenge.

On Episode 72, we tell you about our loss in a challenge to B.C.'s COVID-19 vaccine card program; we discuss the Supreme Court's decision to hear a legal challenge to Quebec's ban on religious symbols; and we tell you why hate crime charges in St. Albert are unlikely. Stories and cases discussed in this week's episode: Hamilton leaders denounce ‘dangerous rhetoric’ at Saturday protest near Jackson Square Second Cup cuts ties with Montreal franchisee, closes cafés over antisemitic remarks and ges...

Jan 29, 202559 min

Episode 71: Can Alberta legally secede? Plus, your tax dollars fund pro-carbon tax litigants.

On Episode 71, we explore the constitutionality of Alberta seceding from Canada, we update you on several of the cases that we're working on, we tell you why Meta's new policy doesn't promote hate speech, and explain how your tax dollars funded pro-carbon tax legal groups. Stories and cases discussed in this week's episode: Feds Paid Carbon Tax Friends Reference re Secession of Quebec, 1998 CanLII 793 (SCC) Tasha Kheiriddin: Liberal response to Trump tariffs could break the country apart Interpr...

Jan 22, 202539 min

Episode 70: Vaccine lawsuit dismissed as 'outlandish.' Plus, Canada ranks 2nd-last on healthcare

On Episode 70, we tell you about some tiny steps B.C. and Alberta are taking toward free trade; we discuss a new report that ranks Canada’s health care as second-last among peers, and we tell you about a vaccine mandate lawsuit dismissed for its "outlandish" claims. Stories and cases discussed in this week's episode: Another expensive court loss for anti-vaccine mandate lawyer Dorceus v. Ontario et al., 2024 ONSC 7087 Canada’s health-care system falls behind most peer countries: Report Troubling...

Jan 15, 202555 min

Episode 69: Was prorogation constitutional? Plus Liberals want to make it EASIER to declare emergencies.

On Episode 69, we tell you about the Liberals' desire to make it even easier to use the Emergencies Act and freeze bank accounts; we discuss whether Justin Trudeau's prorogation is constitutional; and we tell you about some of the bad bills that are now likely to die. Stories and cases discussed in this week's episode: Heegsma v. Hamilton (City), 2024 ONSC 7154 (CanLII) City of Hamilton aims to end tent encampments in parks, says mayor following court win Howard Anglin: The Governor General shou...

Jan 08, 20251 hr 4 min

Episode 68: City councillor sanctioned for harassing emojis. Plus, shutting down TikTok?

On Episode 68, we tell you about a London, Ont., city councillor sanctioned for saucy emjois; we explain what's wrong with a Conservative private member's bill aimed at protecting children online; and we tell why it may not make sense to shut down TikTok's Canadian office. Stories and cases discussed in this week's episode: London councillor should have pay suspended for 30 days for bullying city staffer: Integrity commissioner Bill 241, Municipal Accountability Act, 2024 TikTok seeks to block f...

Dec 18, 202452 min

Episode 66: Citizens DEBANKED. Plus, should kids be banned from social media?

On Episode 66, we tell you about a shocking new Free Press investigation into debanking in the United States, and discuss whether Australia's ban on social media for kids under 16 is a good idea. Plus, Bad Legal Takes from U of T and a self-described "fat intersectional feminist." Stories and cases discussed in this week's episode: The Debanking of America Guide to Law and Policy regarding Antisemitism and Anti-Israeli Discrimination at the University of Toronto Over 800 Canadian bank account ho...

Dec 04, 202437 min

Episode 65: Freedom Convoy leader GUILTY. Plus bike lanes & Ezra Levant arrest.

On Episode 65, we tell you about Freedom Convoy Leader Pat King's criminal convictions and acquittals; we explain why Toronto Police were wrong to arrest journalist Ezra Levant; and we get into the war over bike lanes in Toronto. Stories and cases discussed in this week's episode: Borderland Pride v. Corporation of the Township of Emo, 2024 HRTO 1651 Pat King found guilty of mischief for role in 'Freedom Convoy' R v Pawlowski, 2024 ABCA 342 Ontario passes bill that allows major Toronto bike lane...

Nov 27, 202446 min

Episode 64: Is UBC's law school really racist? Plus reining in Alberta's regulators

On Episode 64, we tell you about the dubious allegations that UBC's law school is racist; update you on Alberta's consultations about how to protect the free speech of professionals; and explain why OutTV wants all Canadian subscribers to pay for its colourful programming. Stories and cases discussed in this week's episode: An Elite Law School Promised Reforms, Then Made Inclusion Impossible Danielle Smith promises to review Alberta’s professional regulators, legislate limits The new censorship:...

Nov 20, 202433 min
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