Not Reserving Judgment

The hosts dive into recommendations aimed at improving Alberta's public health emergency response, focusing on rights during future crises. They celebrate a crucial Supreme Court ruling about citizens detained abroad and dissect the legality of banning single-use plastics, emphasizing the need to define toxicity accurately. The conversation shifts to Edmonton's controversial transit reporting policy, raising alarms about press freedoms. Lastly, they tackle complexities surrounding Bill 34 and the implications of religious discrimination in statutory holidays.

On Episode 14 of Not Reserving Judgment, we talk about why we haven't seen more hate speech charges following the explosion of vitriol at the past month's anti-Israel rallies; we discuss whether caste-based discrimination should be banned; we tell you about the curious case of a woman who says she was fired for calling her underlings "my humans"; we talk about Ontario MPP Sarah Jama's latest outrageous statement; and we share some breaking news about a case we're working on.Stories and cases discussed in this week's episode:'Questions raised after arrest of Calgary protester on hate-motivated disturbance charge (CBC)One man charged after weekend protest (Calgary Police) Craquelures dans le postnationalisme de Justin! (La Presse) François Legault accuse le prédicateur Adil Charkaoui d’inciter à la haine (La Presse)Saskatchewan (Human Rights Commission) v. Whatcott (SCC)Calgary Mayor Jyoti Gondek statement on hate at rallies (X.com)Berlin criminalizes slogan 'From the River to the Sea, Palestine will be free' (i24 News)Independent Ontario MPP Sara Jama spreading misinformation (X.com) Are the pro-Hamas protests in violation of Canada’s hate speech and terrorism laws? Joe Adam George for Inside Policy (Macdonald-Laurier Institute)Union claims City of Saskatoon employee was wrongfully fired for gender-neutral language (Saskatoon Star-Phoenix)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.

On Episode 13 of Not Reserving Judgment, we discuss a new Supreme Court decision that found some mandatory minimum sentences for child luring are cruel and unusual punishment; we tell you what we know about Justin Trudeau's latest Supreme Court pick, Justice Mary Moreau; and we talk about a series of human rights complaints that allege CUPE has discriminated against its Jewish members.Stories and cases discussed in this week's episode:'Alienated, isolated and alone': Jewish union members launch human rights claim against CUPE (CTV Toronto) Trudeau confirms appointment of Alberta judge Mary Moreau to Supreme Court of Canada (Toronto Star)‘I consider her a fighter’: Supreme Court pick Mary Moreau hailed as a voice for minority rights (Globe and Mail) Supreme Court rules mandatory minimum sentences for child luring are unconstitutional (Toronto Star)R v Bertrand Marchand (SCC)Experts mull whether Section 28 of Charter could impact Sask. Parents' Rights law (Regina Leader-Post)They’re All Interpretative: Towards a Consistent Approach to ss 25-31 of the Charter by Gerard Kennedy (SSRN)Letter from Canadian lawyers and law students on contextualizing Hamas' attack (X.com)Nora Loretto post on CUPE lawsuit (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.

On Episode 12 of Not Reserving Judgment, we walk you through a new federal court decision that upheld the Trudeau government’s so-called "military-style assault weapons ban"; we tell you about a new study that found vaccine passports did little to increase uptake of vaccines; and we discuss whether government officials violate free speech when they block constituents on social media.Stories and cases discussed in this week's episode:Justices weigh rules for when public officials can block critics on social media (SCOTUS Blog)Lindke v Freed transcripts (SCOTUS)O'Connor-Ratcliff v Garnier transcripts (SCOTUS)Parker v Canada (Attorney General) (Federal Court)Impact of a vaccine passport on first-dose SARS-CoV-2 vaccine coverage by age and area-level social determinants of health in the Canadian provinces of Quebec and Ontario: an interrupted time series analysis (CMAJ Open)Pam Palmater testimony to Senate committee claiming Indigenous people have right to bear arms (X.com)R v Hasselwander (CanLII)R v Montague (CanLII)Can We Really Inject Our Way Out of This Pandemic? (C2C Journal)Amir Attaran's tweet on why Holocaust education is discriminatory (X.com)Rome Statute of the International Criminal Court (ICC)Joshua Sealy-Harrington's tweet on genocide (X.com)Pandemic Panic: How Canadian Government Responses to Covid 19 Changed Civil Liberties Forever (Amazon.ca)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.

On Episode 11 of Not Reserving Judgment, we talk about whether universities like TMU and York are infringing free speech by punishing students for their horrible opinions on Israel; we tell why a Saskatchewan cardiology clinic has left the public medicare system; and we discuss the Soviet-style ticketing of two men for having a private conversation on a Calgary train.Stories and cases discussed in this week's episode:Two Calgary men charged for conversation on transit en route to 1 Million March 4 Children (Western Standard)York University may withdraw recognition of student unions over statements about Hamas attack (Globe and Mail)TDF defends the rights of transit users against anti-free speech transit bylaw (Democracy Fund)Community update: York’s response to three student unions’ harmful statement (YFile)Toronto Metropolitan University law students statement (X.com)TMU response to law students' letter (TMU)Cardiology clinic becomes first in Saskatchewan to opt out of public health care (Globe and Mail)Costa v Seneca College of Applied Arts and Technology, 2023 ONCA 673 (ONCA)Chaplain General Direction on Chaplain's Spiritual Reflection in Public Settings (Canada.ca)Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16 (SCC)Michael Spratt tweet (X.com)Nova Scotia offering 50 prizes worth $1,000 each for the best health-care ideas (CTV)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.

On Episode 10 of Not Reserving Judgment, we discuss how the Impact Assessment Act decision is a big win for Alberta; we explain why the Ontario legislature can censure MPP Sarah Jama despite her freedom of expression; and we update you on the travel ban challenge led by former Newfoundland Premier Brian Peckford and PPC Leader Maxime Bernier.Stories and cases discussed in this week's episode:Reference re Impact Assessment Act (Supreme Court of Canada)Sarah Jama's statement on Israel (X.com)Censure motion regarding Sarah Jama (OLA)New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House) (SCC)Travel Vaccine Mandate Challengers in Court to Contest Previous Mootness Ruling (Epoch Times)CCF to appear in court TODAY in appeal of decision that found math test for teachers discriminatory (CCF)No, the Supreme Court ruling on federal environmental law is not good for business (Globe and Mail)Mélanie Jolie's post (X.com)François-Philippe Champagne's post (X.com)After Supreme Court’s decision, Ottawa must urgently refocus its climate policy (Globe and Mail)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.

On Episode 9 of Not Reserving Judgment, we update you on the latest in the Ontario Greenbelt scandal including what it might mean for Premier Doug Ford; we explain why even repugnant protests like the pro-Hamas rally in Toronto are constitutionally protected; and we discuss whether it's really a human rights violation for your hairstylist to drop you due to your political views.Stories and cases discussed in this week's episode:Ontario Greenbelt: Canada police probe Doug Ford land deal (BBC)Instagram post advertising pro-Hamas rally (Instagram)Tweet from Brad Bradford requesting Olivia Chow stop rally (X)Release from Toronto Police ahead of pro-Hamas and pro-Israel rallies (Toronto Police)Tweet from Michelle Lindsay about being dumped by her hairstylist (X)B.C. Human Rights Tribunal rules former Mountie was discriminated against by 3rd Port Alberni bar (CTV News)Tweets from TMU assistant professor of law Joshua Sealy-Harrington (X)Tweets from Osgoode assistant professor of law Heidi Matthews (X)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.

On Episode 8 of Not Reserving Judgment, we explain how C-11, the new online streaming law, impacts free expression by regulating podcasts, YouTube videos (and, yes, pornography); we walk you through a disappointing decision that overturned a judge who wanted to hear evidence of the safety and efficacy of COVID-19 vaccines before mandating them against a parent's wishes; and we share our thoughts on Saskatchewan Premier Scott Moe's decision to use the notwithstanding clause.Stories and cases discussed in this week's episode:Court overturns GTA judge’s COVID vaccine ruling, slamming use of ‘inflammatory rhetoric’ and ‘personal hypotheses’ (Toronto Star)J.N. v. C.G., 2022 ONSC 1198 (Canlii) Jen Gerson: Do not comply (The Line)Broadcasting Regulatory Policy CRTC 2023-329 and Broadcasting Order CRTC 2023-330 (CRTC)CCF appealing result in legal challenge to BC vaccine passports (CCF)Edwards v Canada (Person's case) (Bailli)Tweet from MP Ryan Turnbull (X.com)Tweet alleging judicial overreach (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.

On Episode 7 of Not Reserving Judgment, we discuss Waterloo Region's plan to ticket people for saying mean words, we walk you through what happened at last week's Million March for Children protests and counter-protests, and we update you on the latest in the college of physicians' disciplinary proceedings against lockdown and vaccine critic Dr. Kulvinder Kaur.Stories and cases discussed in this week's episode:CPSO drops disciplinary proceedings against Ontario physician for opposing harmful Covid policies (Democracy Fund) New anti-hate street harassment bylaw in Waterloo Region counters hate and racism (Waterloo Region Record)The Complexities of Protest and Intolerance: Unraveling the 1 Million March 4 Children (Crier Media)CCF appealing result in legal challenge to BC vaccine passports (CCF)Rumble rejects MP's 'disturbing' letter over Russell Brand income (BBC)Caryma S'ad's tweets (@CarymaRules on X)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.

On Episode 6 of Not Reserving Judgment, we discuss whether it was right to criminally charge parents who participated in a 'mini convoy' protest in Newfoundland, talk about whether the Conservative Party's policy resolutions make sense, and rip on the Governor General for not understanding her job.Stories and cases discussed in this week's episode:2 charged with harassment and causing a disturbance after protest at N.L. premier's home (CBC)Conservatives to debate several ‘anti-woke’ policy resolutions at convention (True North)Pablo Rodriguez discusses Bill C-18 (Andrew Lawton)Bracken v. Fort Erie (Town), 2017 ONCA 668 (CanLII)Mary Simon's speech to National Gathering on Unmarked Burials (GG.ca)Mary Simon wins Teddy award for spending nearly $100,000 on airplane meals (Taxpayer.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.