
Not Reserving Judgment
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.
Latest episodes

Jan 22, 2025 • 39min
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 FriendsReference re Secession of Quebec, 1998 CanLII 793 (SCC)Tasha Kheiriddin: Liberal response to Trump tariffs could break the country apartInterprovincial travel case intervention (Taylor v. Canada)Prince Edward Island free expression case (John Robertson)CCF to appear at Supreme Court in case about the scope of police search powersWard v. Quebec, 2021 SCC 43 (CanLII)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 rights and freedoms. To support our work, visit theccf.ca/donate.

Jan 15, 2025 • 55min
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 lawyerDorceus v. Ontario et al., 2024 ONSC 7087Canada’s health-care system falls behind most peer countries: Report Troubling Diagnosis: Comparing Canada’s Healthcare with International Peers (C.D. Howe Institute)Canada: A playbook for scoring on your own goal (National Bank)With wine flowing between B.C. and Alberta, makers look to free trade across Canada Ottawa Paid $369K To Silence Critics (Blacklock's)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 rights and freedoms. To support our work, visit theccf.ca/donate.

Jan 8, 2025 • 1h 4min
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 winHoward Anglin: The Governor General should not allow Trudeau to prorogue to hold a full Liberal leadership race CRA to continue with capital tax changes despite prorogation: Finance Department Trudeau resignation puts capital gains tax hike 'on life support,' but CRA still messing upWith the House of Commons prorogued, some key Liberal legislation may not passTwo men file unprecedented legal challenge against Trudeau's request for prorogationNot 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 rights and freedoms. To support our work, visit theccf.ca/donate.

Dec 18, 2024 • 52min
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 commissionerBill 241, Municipal Accountability Act, 2024TikTok seeks to block federal government’s shutdown order with court challengeNoted Black novelist challenges London school board stance on N-word in booksPassenger in deadly Highway 401 wrong-way crash pleads guilty, released on probationJoanna Baron: The Liberal’s approach to regulating the internet is a disaster. What comes next could be even worse No Cash For Hurtful SignageNot 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 rights and freedoms. To support our work, visit theccf.ca/donate.

Dec 12, 2024 • 59min
BONUS EPISODE - Free Speech in Canada: From ancient roots to modern controversies
Instead of our weekly episode of Not Reserving Judgment, here's a conversation on new book, Free Speech In Canada: A beginner’s guide from ancient roots to modern controversies. Now available on Amazon.ca!

Dec 4, 2024 • 37min
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 AmericaGuide to Law and Policy regarding Antisemitism and Anti-Israeli Discrimination at the University of TorontoOver 800 Canadian bank account holders 'debanked' since 2018: ReportCanadian media outlet says bank denied it a commercial mortgage over conservative political leaningsAirbnb deletes accounts of people attending white supremacist rallyChina's 'social credit' system uses technology to punish citizensWhat Australia's social media ban for children could mean as Quebec eyes similar legislationAmy Hamm: This 'fat intersectional feminist' insists medical care is a human rights abuseNot 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 rights and freedoms. To support our work, visit theccf.ca/donate.

Nov 27, 2024 • 46min
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 1651Pat King found guilty of mischief for role in 'Freedom Convoy'R v Pawlowski, 2024 ABCA 342Ontario passes bill that allows major Toronto bike lanes to be ripped outKorean man gets jail time for being too fat for military duty‘Not unusual,’ UN says of firing adviser, who didn’t call Israel genocidal Ontario Human Rights Tribunal fines Emo Township for refusing Pride proclamationNot 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 rights and freedoms. To support our work, visit theccf.ca/donate.

Nov 20, 2024 • 33min
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 ImpossibleDanielle Smith promises to review Alberta’s professional regulators, legislate limitsThe new censorship: Regulatory creep, professional regulators, and growing limits on freedom of expressionTrudeau lectures Canadians to prioritize climate change over groceries, affordabilityOutTV wants all subscribers to pay (Blacklock's)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 rights and freedoms. To support our work, visit theccf.ca/donate.

Nov 13, 2024 • 37min
Episode 63: Trudeau gov't takes SHOCKING position on freedom of assembly
On Episode 63, we tell you about the Trudeau government's shocking position on freedom of peaceful assembly in the Emergencies Act case; and we discuss the legal implications of some Yukon municipal councilors refusing to take an oath to the King.Stories and cases discussed in this week's episode:'Hamas is applauding': Mississauga mayor urged to stop vigil for terror leader Yahya SinwarCCF files materials in appeal of decision that found use of Emergencies Act against truckers unlawfulTown councillors in Dawson City, Yukon, refuse to swear oath to the KingDr. Fundji Benedict's X post in response to Mississauga Mayor Carolyn ParrishNot 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 rights and freedoms. To support our work, visit theccf.ca/donate.

Nov 6, 2024 • 48min
Episode 62: Man BLOCKS girlfriend's assisted death. Plus first-past-the-post & encampments.
On Episode 62, we tell you about an Alberta man who obtained an injunction to block his girlfriend's assisted-death; we explain why we intervened in a challenge to first-past-the-post; and we discuss the calls in Ontario to use the notwithstanding clause to end encampments.Stories and cases discussed in this week's episode:B.C. judge urgently halts assisted death of Alberta woman, the day before MAID procedureCanada must provide reparations to families of children missing at residential schools, says Kimberly MurrayStars of David drawn in front of Palestinian-owned store a hate crime, Food Fare owner saysA.Y. v N.B, 2024 BCSC 2004This doctor has helped more than 400 patients die. A judge just blocked one of her cases.Ontario's chief electoral officer seeks more tools to fight misinformationCCF appearing in Court in appeal over constitutionality of Canada’s voting systemNot 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 rights and freedoms. To support our work, visit theccf.ca/donate.