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Not Reserving Judgment

Latest episodes

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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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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.
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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.
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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!
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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.
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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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Nov 23, 2023 • 49min

Episode 15: Should Alberta create new rights to refuse vaccines and harsh lockdowns?

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.
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Nov 15, 2023 • 39min

Episode 14: Why haven't we seen more arrests for hate speech in Canada?

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.
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Nov 8, 2023 • 49min

Episode 13: Who is Trudeau's latest pick for the Supreme Court of Canada?

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.

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