
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

Oct 30, 2024 • 54min
Episode 61: Alberta Bill of Rights, 'random' police stops & a right to get your kid on time?
On Episode 61, we analyze the proposal to improve protections for property, firearms and medical autonomy in the Alberta Bill of Rights; we discuss a Quebec decision that found repeated random stops unconstitutional; and we tell you about a B.C. librarian's argument that she's facing discrimination because she can't pick her kid up on time from daycare.Stories and cases discussed in this week's episode:Victoria library staffer told to choose between job and child care will get hearing with human rights tribunalAlberta proposes new rights, including to refuse medical treatment – with exemptionsAlberta Bill of Rights Amendment Act (Bill 24)Court of Appeal upholds Quebec ruling that invalidated random police stopsOntario Calls for Immediate Federal Action on Bail ReformProcureur général du Québec c. Luamba, 2024 QCCA 1387Not 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.

Oct 23, 2024 • 51min
Episode 60: Adamson BBQ sentencing, MAID concerns & crazy climate change challenge
On Episode 60, we discuss the sentencing William Adamson Skelly, who was convicted for operating a BBQ business without a license during COVID-19; we explain the constitutional challenge to Ontario's climate targets; and we discuss chilling new details about MAID. Stories and cases discussed in this week's episode:Toronto (City) v. Adamson Barbecue Ltd., 2024 ONCJ 525 (CanLII)Yuan Yi Zhu: Debunking the myth of the Persons CaseRestaurant owner who fought COVID lockdown guilty of operating without a licence Private forums show Canadian doctors struggle with euthanizing vulnerable patientsWhat Ontario’s highest court did — and did not — say about climate rights this weekMathur v. Ontario, 2024 ONCA 762 (CanLII)U.K. police tell woman it's a crime to say 'God bless you' to someoneNot 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.

Oct 16, 2024 • 30min
Episode 59: HILARIOUS update in Jordan Peterson's free speech fight. Plus why Samidoun was listed.
On Episode 59, we give you an update on Jordan Peterson's fight with the Ontario College of Psychologists, we explain why Samidoun has been listed as a terrorist entity, and we tell you about how the justice system in Windsor, Ont., appears to be failing the public.Stories and cases discussed in this week's episode:No jail, but Windsor judge orders restitution for downtown window-smashing spreeWhy haven’t prosecutors decided on charges over B.C. comments praising Hamas?Canada designates Samidoun a terrorist entity after 'death to Canada' chantCurrently listed entities (Public Safety Canada)Terry Glavin: Is Khaled Barakat part of a terrorist group or a victim of Israeli intimidation?United States and Canada Target Key International Fundraiser for Foreign Terrorist Organization PFLPVancouver Police probe Oct. 7 rally where ‘death to Canada’ cry went upRetailers question Windsor, Ont., police decision to stop taking some retail theft reportsJordan Peterson: Alas, no re-educator to be foundNot 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.

Oct 9, 2024 • 42min
Episode 58: Supreme Court upholds air travel compensation. Plus free daycare for asylum seekers?
On Episode 58, we tell you about a Quebec decision that found it's discriminatory to not give subsidized daycare to asylum seekers, we explain a new Supreme Court ruling that upheld airline passenger compensation regulations, and Josh complains endlessly about WestJet.Stories and cases discussed in this week's episode:RA v. WestJet Airlines LtdWestJet ordered to pay more than $2K to passengers after offering $16.17 as reimbursementCourt reserves decision on Sask. government plea to get climate inaction case thrown outVideo of Niagara Police warning to Joanna BerryLILLEY: Study shows how much more Canadians pay for flights due to taxCanada's top court upholds passenger protection rules for flight disruptionsInternational Air Transport Association v. Canada (Transportation Agency)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.

Oct 2, 2024 • 52min
Episode 57: Criminalizing 'denialism' (!?). Plus Kaplan-Myrth loses & Medicine Hat mayor wins.
On Episode 57, we tell you about a win and a loss in the war against expression-limiting codes of conduct, and we explain the problems with the proposal to criminalize 'residential school denialism.' Plus Preston Manning's proposed Act Respecting Provincial Jurisdiction.Stories and cases discussed in this week's episode:Clark v City of Medicine Hat, 2024 ABKB 513 (CanLII)OCDSB trustee's bid for judicial review of Code of Conduct sanctions dismissedKinew denies claims of toxic, dysfunctional government made by ousted MLA Bill before Parliament would outlaw residential school 'denialism'Canada’s federal and provincial governments should stay in their own lanes Six take-aways from the VP debate between Vance and Walz 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.

Sep 25, 2024 • 59min
Episode 56: Is requiring SCC judges to be bilingual constitutional? Plus why the Canada Health Act must change
On Episode 56, we walk you through some potential court challenges to right the ship of federalism, explain why the Canada Health Act must change, and fill you in on the latest news about the Online Harms Act. Plus, should Lake Winnipeg be legally defined as a person?Stories and cases discussed in this week's episode:Bill C-13: An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other ActsCanada Health Act (R.S.C., 1985, c. C-6)Premier Danielle Smith unveils plans to amend Alberta Bill of RightsLawsuit by Manitoba chiefs urges Lake Winnipeg be legally defined as a personRising number of Canadians support major health care reform, survey findsNot 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.

Sep 18, 2024 • 32min
Episode 55: B.C. lawyers ATTACKED for telling the truth, involuntary treatment & gender-fluid dog
On Episode 55, we talk about B.C.’s plan to expand involuntary treatment, we discuss the B.C. Law Society’s attack on two members for requesting that a mandatory Indigenous training course be accurate, and we tell you about a lawsuit involving a gender-fluid dog.Stories and cases discussed in this week's episode:Social worker wins £55,000 after row about gender-fluid dachshundStatement on member resolution submitted by James I. Heller and Mark T.K. BerryB.C. to introduce involuntary care for people with concurrent addiction, mental disorders, premier saysJamie Sarkonak: B.C. lawyers shouldn't face residential school 'denialism' accusations for telling the truthHezbollah is hit by a wave of exploding pagers that killed at least 9 people and injured thousandsNot 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.

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.