
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

Feb 7, 2024 • 53min
Episode 24: Did Montreal Police demote an officer for a $20 donation?
On Episode 24, we tell you about a Montreal police officer who says he was demoted for an anonymous $20 donation to the Freedom Convoy; we explain the Supreme Court decision that found Ontario Premier Doug Ford was not required to give CBC his mandate letters; and we tell you about Supreme Court Judge Malcolm Rowe's provocative speech at the Runnymede Society conference.Stories and cases discussed in this week's episode:Windsor police officer appeals conviction for donating to Freedom ConvoyHub Exclusive: Supreme Court Justice Malcolm Rowe on postmodernism, democracy, and judicial overreach Un cadre du SPVM s’estime lésé après un don au Convoi de la liberté Écarté pour un don au mouvement des camionneurs Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner)Supreme Court rules Premier Doug Ford's mandate letters to be kept secretJennifer Koshan tweetExploring the Link between Crime and Socio-Economic Status in Ottawa and Saskatoon: A Small-Area Geographical AnalysisThe Scourge of His Convictions (David Moscrop)Nora Loreto tweetNot 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.

5 snips
Jan 31, 2024 • 34min
Episode 23: Did Trudeau just give away Nunavut? Is B.C. about to create an Indigenous veto?
Implications of Nunavut transferring control to the Inuit. Indigenous veto on B.C. land decisions. Concerns about cybersecurity law. New York City mayor calls social media an 'environmental toxin'. Ontario youth challenge climate change plan in court.

Jan 24, 2024 • 49min
Episode 22: Why did the court smack down Trudeau's use of the Emergencies Act?
The hosts discuss a landmark decision by the Federal Court of Canada that found Trudeau illegally invoked the Emergencies Act. They analyze the arguments made by the Attorney General and highlight Justice Mosley's rejection of deference to the executive. They talk about winning a landmark case and the court's surprising decision. They discuss Trudeau's use of the Emergencies Act and the freezing of bank accounts. They analyze the federal judge's decision on the act and its nationwide applicability.

Jan 17, 2024 • 54min
Episode 21: Were police justified in secretly sampling 150 Kurdish people's DNA?
On Episode 21 of Not Reserving Judgment, Josh asks whether B.C. police conducted unreasonable searches when they set up an elaborate plot to catch a killer using samples of tea, Joanna updates us on South Africa's weak case against Israel, and Christine explains her concerns around the incitement to hatred charges laid against a man holding a terrorist flag.Stories and cases discussed in this week's episode:David Eby backs police who secretly took DNA from Kurds to solve murder of B.C. girlCanada has a moral obligation to support South Africa’s genocide case against IsraelJoanna Baron: Accusing Israel of genocide is a gross distortion of the factsToronto police chief reverses course, identifies 'terrorist flag' waved at demonstrationThree men arrested at Avenue Road bridge after recent ban on demonstrationsLand acknowledgement tweet from Mona MoftakharPaul Champ tweet on Bill 21Is Canada ready to expand medical assistance in dying? Liberals will face that choice with deadline closing inNot 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 10, 2024 • 39min
Episode 20: Why were police so slow to respond when Josh was threatened?
On Episode 20 of Not Reserving Judgment, Josh tells us about some thugs who threatened him and how police initially refused to help, and Christine explains why the Federal Court seems to have gotten it wrong by upholding the refusal of a Chinese student's study visa over espionage concerns.Stories and cases discussed in this week's episode:Woman dead after Thunder Bay police don't respond to domestic disturbance call: SIUVancouver police set to become highest-paid officers in Canada under tentative deal, union saysFederal Court expands definition of espionage in decision to bar Chinese student from CanadaIssue #119: January 7, 2024 of The Sunday Evening Administrative Review Li v. Canada (Citizenship and Immigration), 2023 FC 1753 (CanLII)Canadian Taxpayers Federation loses appeal of $6K fine over anti-carbon tax billboardsKelowna mayor and council disavow councillor's column opining on global and local politicsRon Cannan: My predictions for Kelowna, BC and the world in 2024Not 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 4, 2024 • 47min
Episode 19: Can a P.E.I. village force a councillor to resign for his sign?
On Episode 19 of Not Reserving Judgment, we tell you about the witch hunt against a Prince Edward Island village councillor who put up a controversial sign; we explain why the B.C. Supreme Court got it wrong by blocking a new law that bans hard drug use in places like parks; and we interview an expert on the Israeli Supreme Court's decision to block Prime Minister Netanyahu's reasonableness law.Stories and cases discussed in this week's episode:Councillor must apologize and pay $500 fine or resign, says P.E.I. minister (CTV News)Statement regarding the Rural Municipality of Murray Harbour council (PEI)Harm Reduction Nurses Association v. British Columbia (Attorney General), 2023 BCSC 2290 (CanLii)Israel’s Supreme Court overturns a key component of Netanyahu’s polarizing judicial overhaul (Globe and Mail)Colby Cosh: Bill 34 suspension shows the slippery slope of B.C. harm reduction (National Post)Russell Shalev (X.com)Office of the Federal Housing Advocate (X.com)Paul Champ (X.com)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.

Dec 20, 2023 • 50min
Episode 18: Do anti-Israel activists have a right to protest in shopping malls?
This episode of the podcast discusses a controversial anti-pornography bill and its potential impact on privacy rights. It also explores the legal question of whether anti-Israel activists have the right to protest in shopping malls, highlighting cases where protests were protected and others where picketers were deemed trespassers. The sentencing of the man behind the largest art fraud in Canadian history is discussed, along with a groundbreaking admission of guilt in the case. The hosts also address controversies over mask mandates and code of conduct violations, and critique a statement perpetuating stereotypes.

Dec 14, 2023 • 40min
Episode 17: Why is Uber suing the City of Toronto?
Dive into the exciting world of legal disputes as Uber takes on the City of Toronto over ride-sharing regulations. Explore the nuances of 'charter values' and how they play a role in language rights and educational access. Discover the Ottawa airport's controversial decision to remove a Metis sign, raising questions about free speech and public expression. Plus, engage in a debate over the balance of rights and responsibilities in Canadian law. It's a thought-provoking journey through current events and constitutional challenges!

Dec 6, 2023 • 31min
Bonus Episode: Christine and Joanna discuss their new book 'Pandemic Panic'
In this bonus episode, the Hon. Tony Clement interviews Joanna and Christine about their best-selling book 'Pandemic Panic.'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 29, 2023 • 44min
Episode 16: Is it racist to require teachers to pass math tests?
On Episode 16 of Not Reserving Judgment, we tell you about a Waterloo school board official who lost his bid to block teacher Carolyn Burjoski's defamation claim after he called her transphobic; we get into the discussion over Alberta's Sovereignty Act motion; and we tell you about an Ontario Court of Appeal decision that found requiring math tests for teachers is not racist. Stories and cases discussed in this week's episode:Court victory for teacher silenced for transgender-book criticism (National Post)Alberta deploys sovereignty act, floats its own power corporation to defy federal clean-energy plan (Globe and Mail)Alberta Sovereignty Within A United Canada Act (Alberta Assembly)Ontario Court of Appeal agrees with CCF: Math tests for teachers weren’t racist (TheCCF.ca)Opinion: The Alberta Sovereignty Act appears to be constitutional (The Hub)Opinion: Alberta's Sovereignty Act is constitutional but it needs nuance (National Post)Despite objections, Kingston council passes community standards bylaw (Kingston Whig-Standard)Nunavut judge says driving bans 'inconvenience' Inuit hunters but don't violate hunting rights (CBC News)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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