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Not Reserving Judgment

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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.
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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.
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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.
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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.
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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.
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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.
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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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Jun 26, 2024 • 40min

Episode 44: Shocking posts from Trudeau-appointee charged with policing YOUR speech

Michael Geist, a prominent legal scholar in internet law and policy, joins the discussion on the implications of free expression in Canada. They tackle the controversy surrounding the appointment of Birju Dutani as chief commissioner of the Human Rights Commission. The conversation also highlights a lawsuit against a Catholic hospital regarding medically assisted dying, revealing the clash between patient rights and religious beliefs. Additionally, they critique recent laws aimed at addressing greenwashing and the potential stifling effects on eco-friendly initiatives.
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Jun 21, 2024 • 1h

Episode 43: U of T asks judge to end to pro-Palestinian encampment. Will they win?

On Episode 43, we give a full recap of the hearing at which the University of Toronto requested an injunction to have the People's Circle for Palestine encampment removed. We dig into whether the issues including whether the Charter applies, freedom of speech and trespass.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.
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Jun 12, 2024 • 1h 1min

Episode 42: Is TMU law a 'clown school'? Plus new details on Trudeau's Internet regulation laws

On Episode 42, we dig into the new details about how the government plans to regulate your expression through the Online News Act, the Online Streaming Act and the Online Harms Act. Plus we tell you about a lawyer who got in trouble for calling TMU law a 'clown school.'Stories and cases discussed in this week's episode: Peter Menzies: Say goodbye to Netflix, Canada? Why the Online Streaming Act might just run them (and other international streamers) out of the country Joanna Baron: The Liberals claim to be the ‘Charter party.’ Nothing could be further from the truth 'Is this legal?': Elon Musk questions UBC hiring practices Peter Menzies: Google shuns the big media moguls in decision over news fund—but it’s Canadian consumers who will pay the heaviest price Once incarcerated, this Toronto activist was accepted into TMU Law's inaugural year. Now, he's suing the school for $300KHamza v. Law Society of Ontario et al, 2021 ONSC 2023Canadian judge Beverley McLachlin to step down from top court in July – announced days after 2 UK judges quit What's stopping Ontario from passing a law to oust misbehaving councillors?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.

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