
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

Sep 4, 2024 • 38min
Episode 54: Victory (?) for free speech in Niagara and mayhem at McGill Law
On Episode 54, we discuss the dramatic and escalating strike situation at McGill Law and a partial victory for free expression following an unconstitutional Niagara Region City Council decision.Stories and cases discussed in this week's episode:Threat of constitutional challenge leads Niagara Regional Council to change sign and prop bansMcGill law professors on strike in protest of challenge to union certificationToronto judge gets rebuke for ‘mocking,’ ‘inflammatory’ and ‘inappropriate’ comments in family court battle'It's a lie,' billionaire Frank Stronach says of 13 sex crime charges filed against himNot 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.

Aug 28, 2024 • 31min
Episode 53: Free speech fears as Durov DETAINED & magic mushrooms outrage
Pavel Durov, the Telegram founder recently detained in France, discusses the chilling effects on free speech and the implications of government censorship. Josh, a savvy commentator on social issues, challenges the narrative of a bisexual asylum seeker advocating for broad immigration status. The duo also explores the evolving landscape of psychedelic legality, especially in Canada, and highlights growing public interest in their therapeutic uses. Tune in for a thought-provoking conversation that digs into the intersection of technology, law, and personal freedoms.

Aug 21, 2024 • 56min
Episode 52: COVID class actions, U.K. speech crimes & MAID for the mentally ill
On Episode 52, we explain the proposed class actions related to COVID-19 vaccines and lockdowns in Alberta; we discuss the new legal challenge that argues the mentally ill have a right to MAID; and we update you on the harsh sentences for speech crimes in the U.K.*Are you a regular listener? Give us feedback by filling out this short survey!*Stories and cases discussed in this week's episode:Who are the rioters and what jail sentences have they received?'Burn it all down': Head of B.C. civil liberties group resigns over tweet about church fires Hope Not Hate boss apologises for false ‘acid attack on Muslim woman’ tweet Whitehorse city council passes civility policyCanada's assisted-dying law faces constitutional fight for excluding mental disorderMan jailed for shouting at police dog and using racist slursBlack woman charged after using n-word on social mediaWoman jailed for hate related communications‘I’m 28. And I’m Scheduled to Die in May.’COVID class action for businesses (statement of claim)COVID class action for vaccine injuriesWhitehorse Civility PolicyNot 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.

Aug 14, 2024 • 1h
Episode 51: Big LOSS for Jordan Peterson. Big WIN for privacy rights. Plus Dattani steps down.
On Episode 51, we update you on Jordan Peterson's fight for freedom of expression; we tell you why the new commissioner of the Canadian Human Rights Commission stepped down; and we walk you through a decision on when phones & laptops can be searched at the border.*Are you a regular listener? Give us feedback by filling out this short survey!*Stories and cases discussed in this week's episode:Peterson v. College of Psychologists of Ontario, 2023 ONSC 4685 (CanLII)Jordan Peterson v. College of Psychologists of Ontario, 2024 CanLII 74731 (SCC)Jordan Peterson: I will see this contemptible 're-education' process through to its absurd endAnnapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36 R v Pike, 2024 ONCA 608 B.C. Civil Liberties Association leader resigns after controversial social media post'THE NEW SWASTIKA:' Calls grow to ban red triangle as hate symbolNew human rights commissioner resigns before starting roleNot 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.

Aug 7, 2024 • 53min
Episode 50: When can cops arrest protesters? Farmer faces $400K fee. Plus Coutts trial ends.
Christie Blatchford, a renowned journalist with a focus on legal issues and civil rights, joins the discussion on police actions during protests in Toronto and the implications for civil liberties. She highlights the case involving a counter-protester arrested for breach of peace, emphasizing the delicate balance between individual rights and law enforcement. The conversation also shifts to the shocking $400,000 fee a farmer faces for archaeological assessments due to Indigenous artifacts, revealing the burdensome nature of regulatory compliance on property owners in Canada.

Jul 31, 2024 • 44min
Episode 49: Huge win for Ontario first nations; Niagara sign ban & interprovincial trade
On Episode 49, we explain a new Supreme Court treaty decision that could cost tens of billions; we chastise Niagara Regional Council for banning signs from council meetings; and we walk through a new report that says inter-provincial trade barriers cost $200 billion per year.*Are you a regular listener? Give us feedback by filling out this short survey!*Stories and cases discussed in this week's episode:Niagara Region sparks more outrage from Palestine CoalitionOntario (Attorney General) v. RestouleHussen OK’d “Hate” GuideLawyers say First Nations could get up to $126B after Supreme Court rules Crown breached treatyRemoving domestic trade barriers could boost productivity, add $200 billion to economy annually: CFIBNot 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.

Jul 24, 2024 • 27min
Episode 48: A win against absolute government immunity & a loss on firearms
A recent Supreme Court decision shakes up ideas about government immunity, allowing people to sue for unconstitutional laws. The hosts delve into the nuanced world of firearms legality, discussing challenges faced by gun owners. They also critique a new Edmonton Police Commission policy that limits public engagement, raising concerns about free speech. The conversation reflects on the need for legal accountability and the balance of power between the state and individual rights, all while adding a touch of humor about legal opinions.

Jul 17, 2024 • 48min
Episode 47: Vaccine safety decision, B.C. woman's cancer hell & Sask wins (for now)
A British Columbia woman faces grave challenges in securing timely cancer treatment, highlighting significant flaws in the healthcare system. Legal discussions reveal that judges shouldn't assume vaccines are safe without solid evidence. Meanwhile, Saskatchewan takes a stand against the federal carbon tax, raising questions about fairness in energy policies. The podcast dives into patients' rights, the struggles against wait times, and misconceptions surrounding legal issues, all while navigating the complex landscape of healthcare equality.

Jul 10, 2024 • 50min
Episode 46: Brewing constitutional crisis, gardens as expression & Jamal recuses
On Episode 46, we discuss whether the right to freedom of expression protects naturalized gardens, we explain why Justice Jamal recused himself from the challenge to Quebec's secularism law; and we update you on the brewing constitutional crisis involving the Senate.*Are you a regular listener? Give us feedback by filling out this short survey!*Stories and cases discussed in this week's episode:Queer rights are in danger in Canada. Pierre Poilievre owns some of the blame Should the Senate block the notwithstanding clause?Howard Anglin and Ray Pennings: Canada is careening towards a constitutional crisis in the SenateRuck v. City of Mississauga, 2024 ONSC 2579 (CanLII)The gardener who took a Canadian city to court for the right to not mow his lawnBrittlestar video on the LCBONot 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.

Jul 3, 2024 • 52min
Episode 45: When can cops enter your driveway? Plus U of T wins & Quesnel mayor pushes back
Dive into a heated legal debate about when police can step onto your driveway without breaching rights. Discover the controversies surrounding a Quesnel mayor over a sensitive residential school book and her censure. Unpack the Ontario Court's ruling on property rights vs. protester freedoms at the University of Toronto. Lastly, explore the implications of a Saskatchewan case challenging police authority and the fine line between civil liberties and law enforcement.
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