Not Reserving Judgment

Canadian Constitution Foundation
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Mar 13, 2024 • 38min

Episode 29: Were unvaxxed nurses mistreated? An arbitrator says yes.

On Episode 29, we tell you about a labour arbitrator decision that found a vaccine mandate that led to 10 nurses being fired from their jobs was unreasonable; we go through the Supreme Court decision that found the state needs judicial authorization to get your Internet Protocol address; and we tell you about a proposed bylaw that would ban "graphic" anti-abortion signs.Stories and cases discussed in this week's episode:City council votes to move ahead with ban on graphic protest signsR. v. BykovetsPolice need search warrant to get IP address, rules Supreme Court of Canada in 5-4 split decisionOnline sex abuse: Accused Ontario med student avoids extradition to U.S.Arbitrator rules in favour of Ont. nurses fired for refusing COVID vaccinesQuinte Health v Ontario Nurses Association, 2024 CanLII 14991 (ON LA)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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Mar 6, 2024 • 48min

Episode 28: Why were conspiracy to murder charges dropped in Coutts?

On Episode 28, we give you an update on the criminal charges dropped against two men arrested at Coutts, Alberta in February 2022, and the civil lawsuits launched by trucker convoy participants; we explain the ruling that says Quebec's secularism law Bill 21 is fully shielded from judicial review by the notwithstanding clause; and we explain the interesting inter-provincial trade angle in a lawsuit from McGill and Concordia against the province's tuition structure.Stories and cases discussed in this week's episode:The HateGate Affair: Unmasking Canada's Hate Industry (by Caryma S'ad)Gwyn Morgan: Truckers get jail time while real criminals get bail and parole'Freedom Convoy' organizer from Sask. suing federal government for using Emergencies Act to freeze accountsQuebec Appeal Court Bill 21 ruling fuels debate on notwithstanding clauseMcGill, Concordia file lawsuits demanding Quebec cancel tuition hikePalestinian Canadians sue Foreign Minister Joly over arms exports to IsraelMANDEL: Luka Magnotta now in same medium-security prison as fellow killer Paul BernardoNot 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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Feb 28, 2024 • 49min

Episode 27: Can the Trudeau government create $50,000 fines for 'harmful' speech?

Delve into the controversial Online Harms Act and its far-reaching implications for free expression in Canada. The proposed legislation threatens to impose hefty fines for 'harmful' speech while expanding the powers of the Canadian Human Rights Tribunal. Experts voice concerns over the chilling effects on open dialogue and the subjective nature of hate speech definitions. The discussion also critiques media portrayal surrounding online protection, raising vital questions about the balance between user safety and censorship.
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Feb 21, 2024 • 55min

Episode 26: Uh oh! Online harms legislation is back. So what's in it?

On Episode 26, we tell you about the debate over whether the judge hearing the challenge to the Saskatchewan gender pronouns policy is allowed to make a declaration now that the notwithstanding clause has been invoked; we explain our application to intervene in the federal plastics appeal; and we tell you what we've heard about the upcoming "online harms" and hate speech bill.Stories and cases discussed in this week's episode:Disinformation Law Is Dead Dérives sectaires : on vous explique le délit de "provocation à l'abstention de soins", voté par l'Assemblée nationale Yes, the feds can actually override provincial anti-trans school policies. Here's how.School closures may not have been necessary to prevent spread of COVID-19, researchers at McMaster findCan job postings in Canada exclude white people? Short answer: yes Judge rules challenge of Saskatchewan’s pronoun law can proceedJosh Dehaas: P.E.I. puts politeness over free speech by persecuting town councillorThe Evolving Debate Over Section 33 of the Charter The faulty received wisdom around the notwithstanding clause The Notwithstanding Clause: Legislatures, Courts, and the ElectorateThe Truck and the Brakes: Understanding the Charter's Limitations and Notwithstanding Clauses SymmetricallyNot 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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Feb 14, 2024 • 54min

Episode 25: What the heck is going on at the Supreme Court of Canada?

On Episode 25, we explain why last week's Supreme Court decision on Indigenous child welfare preserves an important constitutional principle; we walk you through the Federal Court's feisty opinion declaring that cabinet is breaching a constitutional convention by not appointing enough judges; and we discuss our theories on why the Supreme Court is deciding so few cases these days.Stories and cases discussed in this week's episode:Reference re An Act respecting First Nations, Inuit and Métis children, youth and familiesTwo more provinces join in opposition to gun buyback program that 'unnecessarily targets lawful gun owners'Hameed v. Canada (Prime Minister) (Federal Court decision on judicial vacancies)Federal Court rules Ottawa failed constitutional duty to fill judicial vacanciesSCC’s output fell to 34 judgments in 2023, renewing questions, concerns within the barJudge overturns convictions of B.C. woman, accused of coughing on grocery workerChristine's tweet about the CBC Kids story on Emergencies Act decisionPaul Champ's tweet criticizing the Ottawa Police ServiceNot 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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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.
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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.
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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.
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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.
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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.

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