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Not Reserving Judgment
Canadian Constitution Foundation
117 episodes
1 week ago
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.
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News Commentary
News,
Politics
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All content for Not Reserving Judgment is the property of Canadian Constitution Foundation and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
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.
Show more...
News Commentary
News,
Politics
Episodes (20/117)
Not Reserving Judgment
Episode 112: Carney wants power to exempt ANYONE from almost ANY law. Plus UNDRIP and Derek Reimer.
On Episode 112, we tell you about a proposal hidden in the budget bill that would allow ministers to exempt people from nearly any law, we explain the B.C. decision that found UNDRIP can be used to interpret laws, and we discuss the forced apology of Derek Reimer.Stories and cases discussed in this week's episode:* Justice minister hopes new group tackles provincial court suspension by February (https://www.cbc.ca/news/canada/newfoundland-labrador/ottenheimer-courts-working-group-9.7003386)(CBC News)* Pastor Reimer released on bail after refusing to apologize to librarian (https://www.westernstandard.news/news/pastor-reimer-released-on-bail-after-refusing-to-apologize-to-librarian/69656) (Western Standard)* One arrested at OneBC event at UVic that drew protesters (https://www.timescolonist.com/local-news/two-arrested-after-onebc-event-at-uvic-on-residential-schools-draws-protesters-11565744) (Times-Colonist)* CCF warns that C-15 would allow Carney gov’t to exempt any person or company from almost any law (https://theccf.ca/ccf-warns-that-c-15-would-allow-carney-govt-to-exempt-any-person-or-company-from-almost-any-law/) (TheCCF.ca)* B.C.'s Indigenous rights law is legally enforceable, rules court (B.C.'s%20Indigenous%20rights%20law%20is%20legally%20enforceable,%20rules%20court)(Business in Vancouver)* Courts to Apply UNDRIP to All British Columbia Laws (https://lawforbreakfast.substack.com/p/courts-to-apply-undrip-to-all-british) (Law for Breakfast)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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6 days ago
43 minutes 55 seconds

Not Reserving Judgment
Episode 111: Why Quebec, federal proposals to clamp down on religion should worry us all
On Episode 111, we discuss Quebec's plan to ban prayer in public spaces like universities, we debate whether Ottawa should remove the "good faith" religious speech exemption from hate speech laws, and we tell you about the Montreal police's new AI surveillance software.Stories and cases discussed in this week's episode:* Chris Selley: Quebec's war on religion goes to a whole new level (https://nationalpost.com/news/canada/chris-selley-quebecs-war-on-religion-goes-to-a-whole-new-level) (National Post)* Religion shouldn’t be exempted from hate speech law: Liberal minister (https://www.ctvnews.ca/politics/article/religion-shouldnt-be-exempted-from-hate-speech-law-liberal-minister/) (CTV News)* Quebec expands secularism law and limits public prayer (https://www.bbc.com/news/articles/c1w9qe7n984o) (BBC News)* La police de Montréal peut maintenant vous surveiller en temps réel avec l’IA (https://www.tvanouvelles.ca/2026/01/10/le-spvm-peut-maintenant-vous-surveiller-en-temps-reel-avec-lia) (TVA)* Is it illegal to spoil Christmas? Police in Ontario get complaints about anti-Santa signs (https://www.cbc.ca/news/canada/santa-parade-signs-brantford-9.6999839)(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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1 week ago
50 minutes 16 seconds

Not Reserving Judgment
Episode 110: HUGE wins in Alberta for free speech & patient choice. Plus, Ontario to nix bar exams?!
On Episode 110, we discuss Alberta's proposal for flexible practice that would allow more doctors to offer private surgeries, we explain Alberta's plan to protect the freedom of speech of professionals, and we debate whether Ontario should really get rid of the bar exams.Stories and cases discussed in this week's episode:* ‘We’re going to walk before we run’: Alberta Health Minister Adriana LaGrange on the province’s historic health-care reforms (https://thehub.ca/podcast/video/were-going-to-walk-before-we-run-alberta-health-minister-adriana-lagrange-on-the-provinces-historic-health-care-reforms/) (The Hub)* Bill 11: Health Statutes Amendment Act, 2025 (https://www.assembly.ab.ca/assembly-business/bills/bill?billinfoid=12100&from=bills) (Alberta Legislature)* Bill 13: Protecting freedom of expression for regulated professionals (https://www.assembly.ab.ca/assembly-business/bills/bill?billinfoid=12099&from=bills) (Alberta Legislature)* Ontario bar exam for future lawyers could be scrapped, replaced with skills-based course (https://www.cbc.ca/news/canada/toronto/ontario-bar-exam-replaced-9.6987640) (CBC News)* Alberta tables free speech for regulated professionals bill coined the ‘Peterson Law’ (https://www.ctvnews.ca/edmonton/article/province-tables-free-speech-for-regulated-professionals-bill-coined-the-peterson-law/) (CTV 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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2 weeks ago
42 minutes 35 seconds

Not Reserving Judgment
Episode 109: A constitutional amendment on Aboriginal title? Plus, Saskatchewan pronouns case heads to SCC.
On Episode 109, we discuss whether a constitutional amendment to section 35 could fix the uncertainty surrounding Aboriginal title claims, and we speculate about why the Supreme Court decided to hear an appeal of a Saskatchewan decision on gender pronouns in schools.Stories and cases discussed in this week's episode:* MLA seeks clarification on province's stance on Aboriginal title claim for Kamloops, Sun Peaks (Castanet) (https://www.castanetkamloops.net/news/Kamloops/582760/MLA-seeks-clarification-on-province-s-stance-on-Aboriginal-title-claim-for-Kamloops-Sun-Peaks)* Kitigan Zibi files land claim over large swath of western Quebec, including Gatineau Park (CBC News) (https://www.cbc.ca/news/canada/ottawa/kitigan-zibi-anishinabeg-land-title-case-9.6962873)* Dwight Newman: How B.C. and Parliament can amend the Constitution to protect property rights ASAP (National Post) (https://nationalpost.com/opinion/dwight-newman-how-b-c-and-parliament-can-amend-the-constitution-to-protect-property-rights-asap)* Supreme Court agrees to hear appeal of Saskatchewan’s school pronoun case (Globe and Mail) (https://www.theglobeandmail.com/canada/article-supreme-court-pronoun-case-appeal-notwithstanding/)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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1 month ago
31 minutes 10 seconds

Not Reserving Judgment
Episode 108: Supreme Court finds 1-year minimum for child porn CRUEL. Plus, inside a Parliamentary committee.
On Episode 108, we discuss Josh's testimony in Parliament on Bill C-8, which would allow the minister to cut off phone or Internet access, and the Supreme Court of Canada decision that found a one-year minimum sentence for child pornography is "cruel and unusual punishment." Stories and cases discussed in this week's episode:* Liberal MP moves to muzzle “hateful” religious scripture (Juno News) (https://www.junonews.com/p/miller-moves-to-muzzle-hateful-religious)* Standing Committee on Public Safety and National Security (ParlVu) (https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2?fk=13178750)* Poilievre calls Supreme Court ruling on child porn ‘disgusting,’ would use notwithstanding clause to overturn (CTV News) (https://www.ctvnews.ca/canada/article/poilievre-condemns-supreme-court-ruling-on-child-porn-would-use-notwithstanding-clause-to-overturn/)* Quebec (Attorney General) v. Senneville (Supreme Court of Canada) (https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/21250/index.do)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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1 month ago
33 minutes 29 seconds

Not Reserving Judgment
Episode 107: B.C. bill would BAN land acknowledgments. Plus, Alberta uses notwithstanding clause.
On Episode 107, we discuss Alberta Premier Danielle Smith's use of the notwithstanding clause to immunize her back-to-work legislation for teachers, and we explain a failed proposal in B.C. to ban certain land acknowledgments. Plus, our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode:* Bill C-2, the Back to School Act (https://docs.assembly.ab.ca/LADDAR_files/docs/bills/bill/legislature_31/session_2/20251023_bill-002.pdf) (Alberta Legislature)* Land Acknowledgement Prohibition Act (https://x.com/Dallas_Brodie/status/1981451499495719200)(Dallas Brodie on X)* NDP leadership hopefuls line up to condemn Alberta's use of notwithstanding clause to end teachers' strike (https://nationalpost.com/news/canada/ndp-leadership-hopefuls-line-up-to-condemn-albertas-use-of-notwithstanding-clause-to-end-teachers-strike) (National Post)* Most members of B.C.’s legislature vote against bill to stop land acknowledgements (https://www.ctvnews.ca/vancouver/article/most-members-of-bcs-legislature-vote-against-bill-to-stop-land-acknowledgements/)(CTV News)* Tensions flare at Richmond meeting over Cowichan title decision (https://vancouversun.com/news/richmond-meeting-cowichan-title-decision-tensions-flare) (Vancouver Sun)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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1 month ago
33 minutes 30 seconds

Not Reserving Judgment
Episode 106: Yes, you could be JAILED for memes if C-9 passes. Plus, shocking letters to B.C. home owners.
On Episode 106, we explain why the proposed hate speech law C-9 really could lead to jail for your memes, we discuss whether the Liberals' proposed tough-on-crime legislation will be constitutional, and we talk about some shocking letters handed out to B.C. property owners. Stories and cases discussed in this week's episode:* Bill C-9, An Act to amend the Criminal Code (hate propaganda, hate crime and access to religious or cultural places) (https://www.parl.ca/DocumentViewer/en/45-1/bill/C-9/first-reading)* B.C. politicians hopeful after Ottawa promise of bail-reform bill (CBC News) (https://www.cbc.ca/news/canada/british-columbia/reaction-to-ottawa-bail-reform-british-columbia-9.6942924)* Carney will introduce legislation next month to tighten bail system (Globe and Mail) (https://www.theglobeandmail.com/canada/article-carney-bail-system-legislation/)* Woman jailed for race hate post says she was political prisoner (BBC) (https://www.bbc.com/news/articles/ce83pj1ggmeo)* Man jailed over racially aggravated posts (BBC) (https://www.bbc.com/news/articles/c4gdww5lx2vo)* Maryport man jailed over racist online post (BBC) (https://www.bbc.com/news/articles/clyn24p3e5ro)* Police make 30 arrests a day for offensive online messages (The Times) (https://freespeechunion.org/police-make-30-arrests-a-day-for-offensive-online-messages/?v=0b3b97fa6688)* Richmond property owners worried after First Nations land claim (Global News) (https://globalnews.ca/news/11485686/richmond-homeowners-letter-first-nations-land-claim/)* Court Issues First-Ever Jail Sentence in Canada for Holocaust Denial (FSWC) (https://www.fswc.ca/news/court-issues-first-ever-jail-sentence-in-canada-for-holocaust-denial)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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1 month ago
52 minutes 46 seconds

Not Reserving Judgment
Episode 105: B.C. quietly hands over title to ALL of Haida Gwaii. Plus TMU law students sue.
On Episode 105, we explain why B.C. consenting in court to Aboriginal title of all of Haida Gwaii is causing controversy, we discuss the intersection of artificial intelligence and free speech, and we give you our thoughts on the lawsuit against Toronto Metropolitan University. Stories and cases discussed in this week's episode:* The Council of the Haida Nation v. British Columbia, 2025 BCSC 1806 (https://canlii.ca/t/kfd2b) (CanLii)* B.C. government defends withholding details of shíshálh Nation deal (https://vancouversun.com/opinion/columnists/bc-government-defends-withholding-details-of-shishalh-nation-deal) (Vancouver Sun)* Letting the Eby government negotiate Aboriginal title is perilous (Letting%20the%20Eby%20government%20negotiate%20Aboriginal%20title%20is%20perilous) (Northern Beat)* B.C. government announces First Nations land pact on Sunshine Coast, months after deal was inked (Globe and Mail)* The Haida Aboriginal Title Judgment as Potentially Problematic Constitutional Entrenchment (https://lawforbreakfast.substack.com/p/the-haida-aboriginal-title-judgment) (Law for Breakfast)*  Law students sue TMU alleging defamation and discrimination over pro-Palestinian letter (https://www.thestar.com/news/gta/law-students-sue-tmu-alleging-defamation-and-discrimination-over-pro-palestinian-letter/article_8da91a5e-8ebc-4a2e-86e8-29acef669fda.html) (Toronto Star)*  PTCC turns down booking request from OneBC (https://www.pentictonherald.ca/news/article_b5d05ebb-ba01-460e-9b3c-7f01c790fe18.html) (Penticton Herald)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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2 months ago
51 minutes 35 seconds

Not Reserving Judgment
Episode 104: C-8 would let minister secretly CUT OFF Internet service. Plus, U Alberta controversy & gun grab.
On Episode 104, we explain our concerns with Bill C-8, which would allow the government to secretly cut people off from the Internet, we discuss the constitutionality of the gun grab, and we discuss whether a University of Alberta law professor's academic freedom was violated. Stories and cases discussed in this week's episode:* What Happened to the University’s Commitment to Free Expression? Charlie Kirk, uAlberta, and Me (Centre for Free Expression) (https://cfe.torontomu.ca/blog/2025/09/what-happened-universitys-commitment-free-expression-charlie-kirk-ualberta-and-me)* Crown lands bill would criminalize peaceful protests, critics say (CBC News) (https://www.cbc.ca/news/canada/nova-scotia/crown-lands-bill-would-criminalize-peaceful-protests-critics-say-1.7646661)* Bill C-8 would allow minister to secretly cut off phone, Internet service, CCF warns (https://theccf.ca/bill-c-8-would-allow-minister-to-secretly-cut-off-phone-internet-service-ccf-warns/)* BILL C-8, An Act respecting cyber security (https://www.parl.ca/DocumentViewer/en/45-1/bill/C-8/first-reading)* Only 14 of the 94 Calls to Action have been implemented. Criminalizing residential school denialism is the only way forward (Toronto Star) (https://www.thestar.com/opinion/contributors/only-14-of-the-94-calls-to-action-have-been-implemented-criminalizing-residential-school-denialism/article_6e82f235-b743-4d82-b40c-58aabbf31a06.html)* CTF offering free legal advice to Cape Breton gun owners targeted by federal gun grab (Canadian Taxpayers Federation) (https://www.taxpayer.com/newsroom/ctf-offering-free-legal-advice-to-cape-breton-gun-owners-targeted-by-federal-gun-grab)* TELL YOUR MP: Fix Bills C-2 and C-8 to protect civil liberties (https://theccf.ca/stopbillc2c8/)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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2 months ago

Not Reserving Judgment
Episode 103: Is Carney stoking Alberta separatism? Plus hate symbols plan raises speech concerns.
On Episode 103, we tell you why the Carney government's surprise notwithstanding clause argument could stoke separatism, we explain our concerns with the government's proposal for new hate crimes, and we discuss whether Canada's recognition of Palestine really matters. Stories and cases discussed in this week's episode: * Liberals ‘confident’ Canadians will 'voluntarily' obey gun confiscation scheme (https://www.junonews.com/p/breaking-liberals-confident-canadians?utm_campaign=post&utm_medium=email&triedRedirect=true) (Juno)* Bill C-9, An Act to amend the Criminal Code (parl.ca) (https://www.parl.ca/DocumentViewer/en/45-1/bill/C-9/first-reading)* Ottawa’s end run around the Constitution (https://www.theglobeandmail.com/opinion/editorials/article-ottawas-end-run-around-the-constitution/)(The Globe and Mail)* Josh Dehaas: Carney's move to limit notwithstanding clause is a threat to national unity (v)(National Post)* Canada recognizes a version of Palestine that only exists in Geneva’s dreams (https://www.theglobeandmail.com/opinion/article-canada-palestine-hamas-geneva-dreams/) (Globe and Mail)* Liberal hate crimes bill raises free speech concerns (Liberal%20hate%20crimes%20bill%20raises%20free%20speech%20concerns) (TheCCF.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.
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2 months ago
56 minutes 6 seconds

Not Reserving Judgment
Episode 102: Carney’s border bill raises privacy concerns. Plus, new law to protect places of worship.
On Episode 102, we explain why the Carney government's border security bill, C-2, is raising red flags for privacy; we tell you about our new children's book Maple's Garden, and we explain why the Liberals' version of bubble zones for religious institutions might not be so bad. Stories and cases discussed in this week's episode: * Maple's Garden: A Canadian Freedom of Speech Story (https://www.amazon.ca/Maples-Garden-Canadian-Freedom-Speech/dp/0888903731) (Amazon.ca)* Bill C-2 Backgrounder: New Search Powers in the Strong Borders Act and Their Charter Compliance (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5363319) (Robert Diab/SSRN)* Backgrounder: Bill C-2 raises privacy concerns (https://theccf.ca/backgrounder-bill-c-2-raises-privacy-concerns/) (TheCCF.ca)* Carney government introducing bill to protect people entering religious, cultural buildings (https://www.cbc.ca/news/politics/new-legislation-protecting-religious-cultural-buildings-1.7631867)(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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3 months ago
47 minutes 16 seconds

Not Reserving Judgment
Episode 101: Ottawa Nazi gets 10 years. Bail bill coming? Plus, political reporter investigated.
On Episode 101, we discuss the conviction of an Ontario man for terrorism and hate speech, we explain our concerns with the investigation of a Juno News journalist for his report on a Liberal federal election candidate, and we tell you about some new tough-on-crime proposals. Stories and cases discussed in this week's episode: * Ottawa man sentenced to 10 years over neo-Nazi terrorist propaganda  (https://www.theglobeandmail.com/canada/article-ottawa-man-sentenced-to-10-years-over-neo-nazi-terrorist-propaganda/)(Globe and Mail)* R. v. MacDonald, 2025 ONSC 1939 (CanLii) (https://canlii.ca/t/kbf13)* Ottawa Targets Juno News: Criminal Probe Into Our Report on Liberal Candidate (Juno) (https://www.junonews.com/p/keean-bexte-criminal-investigation)* City of Hamilton orders resident to take down 10 security cameras from his home (https://www.chch.com/chch-news/city-of-hamilton-orders-resident-to-take-down-10-security-cameras-from-his-home/) (CHCH)* Poilievre proposes “Stand on Guard” Law to expand self-defence rights in one’s home (https://www.pentictonherald.ca/spare_news/article_75f46ab8-94b7-5665-8510-e7cb1eec0eb6.html) (Penticton Herald)* Carney will introduce legislation next month to tighten bail system (https://www.theglobeandmail.com/canada/article-carney-bail-system-legislation/) (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.
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3 months ago
54 minutes 58 seconds

Not Reserving Judgment
Episode 100: Can Carney ban cash? Do I have gun rights? Do cops need injunctions? CCF answers YOUR questions
On Episode 100, we answer YOUR questions. Can the government ban cash? Do Canadians have any gun rights? Why do cops wait for injunctions? What are the worst Supreme Court decisions of all times? Who do we like better: Katy Perry or Taylor Swift?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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3 months ago
55 minutes 14 seconds

Not Reserving Judgment
Episode 99: VICTIM of home invasion charged with assault. Plus Hamilton mayor censors billboard.
On Episode 99, we discuss the case of an Ontario homeowner charged after he responded to a home intruder late at night, we tell you about our hearing in the Nova Scotia woods ban case, and we explain why Hamilton's mayor may get away with censoring a billboard. Stories and cases discussed in this week's episode: * Ontario man charged after confronting intruder inside home allegedly used knife, court docs say (https://www.cbc.ca/news/canada/toronto/lindsay-home-intruder-knife-defence-1.7614690) (CBC News)* Court Grants CCF Standing to Challenge Nova Scotia Travel Ban (https://theccf.ca/court-grants-ccf-standing-to-challenge-nova-scotia-travel-ban/) (The CCF)* Michael Higgins: 'Naive' Canadian doctor embroiled in trans controversy (https://nationalpost.com/opinion/naive-canadian-doctor-embroiled-in-trans-controversy) (National Post)* John Sikkema: Hamilton, where billboards can't question transgender children (https://nationalpost.com/opinion/john-sikkema-hamilton-where-billboards-cant-question-transgender-children?itm_source=np-comment) (National Post)* Vancouver parents blocked from teaching their kids to swim in public pools (https://vancouversun.com/news/vancouver-parents-blocked-teaching-kids-swim-public-pools) (Vancouver Sun)* The forgotten freedom: Reviving rational debate in Canada’s public sphere (https://macdonaldlaurier.ca/the-forgotten-freedom-reviving-rational-debate-in-canadas-public-sphere/)(MacdonaldLaurier.ca)* The Road to Censorship: How Canada Lost its Way on Freedom of Speech (https://c2cjournal.ca/2025/08/the-road-to-censorship-how-canada-lost-its-way-on-freedom-of-speech/) (C2C Journal)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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3 months ago
47 minutes 32 seconds

Not Reserving Judgment
Episode 98: Monumental Aboriginal title decision. Plus B.C. nurse owes $94K for gender comments.
On Episode 98, we walk you through the monumental Cowichan decision, which found aboriginal title to 1,845 acres of greater Vancouver including over property owned in fee simple, and explain why we disagree with the $94,000 cost award against nurse Amy Hamm. Stories and cases discussed in this week's episode: * Cowichan Tribes v Canada (Attorney General), 2025 BCSC 1490 (CanLII) (https://canlii.ca/t/kdq92)* The Less Certain Future of Private Land in British Columbia (Law for Breakfast) (https://lawforbreakfast.substack.com/p/the-less-certain-future-of-private)* B.C. government to appeal historic land claim ruling for 4 First Nations (Global) (https://globalnews.ca/news/11330337/bc-government-appeal-historic-land-claim-ruling-first-nations/)* New High School Course Pack from CCF Experts Helps Teachers Fight Civic Illiteracy (CCF) (https://theccf.ca/new-high-school-course-pack-from-ccf-experts-helps-teachers-fight-civic-illiteracy/)* B.C. nurse accused of anti-trans comments ordered to pay almost $94K (Aldergrove Star) (https://www.aldergrovestar.com/news/bc-nurse-accused-of-anti-trans-comments-ordered-to-pay-almost-94k-8200953)* The new censorship: Regulatory creep, professional regulators, and growing limits on freedom of expression (Macdonald-Laurier Institute) (https://macdonaldlaurier.ca/the-new-censorship-regulatory-creep-professional-regulators-and-growing-limits-on-freedom-of-expression/)* Ian Cooper: I'm an entertainment lawyer. TIFF's defence of Hamas copyright is bunk (https://nationalpost.com/opinion/ian-cooper-im-an-entertainment-lawyer-tiffs-defence-of-hamas-copyright-is-bunk)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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3 months ago
40 minutes 52 seconds

Not Reserving Judgment
Episode 97: Court finds voting system NOT illegally racist or sexist. Plus, our travel ban challenge.
On Episode 97, we tell you about some of the arguments we intend to make when we challenge Nova Scotia Premier Tim Houston's ban on walking in the woods. Plus we tell you about a decision that found first-past-the-post voting is not unconstitutionally racist or sexist. Stories and cases discussed in this week's episode: * CCF Petition: Tell Premier Houston to Re-open Nova Scotia Trails (https://theccf.ca/restore-access-to-ns-forests/)* The critics of Nova Scotia’s ban on accessing the woods don’t understand our culture (https://www.theglobeandmail.com/opinion/article-nova-scotia-wood-forest-ban-wildfire/)* Fair Voting BC v. Canada (Attorney General), 2025 ONCA 581  (https://coadecisions.ontariocourts.ca/coa/coa/en/item/23512/index.do)* Access restrictions on wooded areas in N.S., N.B., during heightened wildfire risk face opposition (https://www.theglobeandmail.com/canada/article-access-restrictions-wildfire-nova-scotia-new-brunswick-legal-action/)* Court gets it right in appeal of challenge to constitutionality of first-past-the-post voting system (https://theccf.ca/court-gets-it-right-in-appeal-of-challenge-to-constitutionality-of-first-past-the-post-voting-system/)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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4 months ago
33 minutes 12 seconds

Not Reserving Judgment
Episode 96: Ontario court creates RIGHT to bike lanes. N.S. BANS walking in the woods.
On Episode 96, we explain what's wrong with the Ontario court decision that found a constitutional right to bike lanes in Toronto, and we tell you about Nova Scotia Premier Tim Houston's outrageous ban on walking in the woods. Plus, our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: * Cycle Toronto et al. v. Attorney General of Ontario et al., 2025 ONSC 4397 (CanLii) (https://canlii.ca/t/kdk2t)* Ontario court strikes down Ford government's plan to remove Toronto bike lanes (https://www.cbc.ca/news/canada/toronto/ontario-ford-bike-lane-toronto-court-ruling-1.7597460) (CBC News)* Quebec anti-abortion group fails to reverse decision banning protests in front of clinics (https://www.cbc.ca/news/canada/montreal/quebec-anti-abortion-groups-fails-to-reverse-decision-protest-1.7596814) (CBC News)* Nova Scotia forests travel ban (https://novascotia.ca/natr/forestprotection/wildfire/woods-proclamation_2025-08-05.pdf) (Nova Scotia)* Crown attorneys’ group denounces ’attacks’ on justice system during Freedom Convoy, Hockey Canada trials (https://nationalpost.com/news/canada/crown-attorneys-denounce-attacks-on-justice-system) (National Post)* Prosecutorial Independence and the Rule of Law (https://www.ocaa.ca/prosecutorial-independence-and-the-rule-of-law/)(Ontario Crown Attorneys Association)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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4 months ago
27 minutes 15 seconds

Not Reserving Judgment
Episode 95: Convoy lawyer DEBANKED after crypto transfers. Plus, the 'Hockey Canada' verdict.
On Episode 95, we discuss the de-banking of a Freedom Convoy lawyer; we dig into the acquittal of five hockey players who were accused of sexually assaulting a woman in a London, Ont., hotel room; and we explain why bubble zones are a serious risk to freedom. Stories and cases discussed in this week's episode: *  R. v. Akbari, 2025 ONCJ 398 (https://publish.blubrry.com/s-2614722/episodes/new/R.%20v.%20Akbari,%202025%20ONCJ%20398%20(CanLII)) (CanLii)*  Joanna Baron: The Hockey Canada sexual assault trial verdict is a just legal outcome—but that’s not the end of the story  (https://thehub.ca/2025/07/24/joanna-baron-the-hockey-canada-sexual-assault-trial-verdict-is-a-just-legal-outcome-but-thats-not-the-end-of-the-story/)(The Hub)* Freedom Convoy lawyer dropped as a bank customer after cryptocurrency transactions (https://financialpost.com/fp-finance/banking/lawyer-freedom-convoy-protesters-cut-off-bank-customer) (Financial Post)* Anti-free speech “bubble laws” are unconstitutional – and expanding. We need to stop them: Christine Van Geyn (https://macdonaldlaurier.ca/anti-free-speech-bubble-laws-are-unconstitutional-and-expanding-we-need-to-stop-them-christine-van-geyn/) (MacDonald-Laurier Institute)* Groups alarmed at house arrest for man who vowed to kill Jews (https://torontosun.com/news/groups-alarmed-at-house-arrest-for-man-who-vowed-to-kill-jews) (Toronto Sun)* The wild overreach contained in the Liberals’ new border control bill (https://nationalpost.com/opinion/wild-overreach-in-liberals-new-border-control-bill) (National Post)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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4 months ago
50 minutes 3 seconds

Not Reserving Judgment
Episode 94: Parks Canada pulls permit for MAGA singer's show. Plus Premier Smith's latest proposals.
On Episode 94, we discuss Parks Canada's dubious decision to cancel the permit of a MAGA-supporting singer, we tell you about our new intervention in a case challenging the Impact Assessment Act, and we discuss Premier Smith's proposals for constitutional amendments. Stories and cases discussed in this week's episode: * Permit revoked for MAGA musician's concert at Parks Canada site, but show will go on (CBC News) (https://www.cbc.ca/news/canada/nova-scotia/permit-revoked-maga-concert-sean-feucht-1.7591743)* Calls for Canada to bar bands Kneecap, Bob Vylan over anti-Israel messages test limits of free expression (CBC News) (https://www.cbc.ca/news/entertainment/kneecap-bob-vylan-canada-visas-1.7586275)* Canada should follow Britain and lower the voting age to 16 (Globe and Mail) (https://www.theglobeandmail.com/opinion/article-canada-should-follow-britain-lower-voting-age-to-16/)* Alberta Premier Danielle Smith suggests premiers start constitutional talk (CBC News) (https://www.cbc.ca/news/canada/edmonton/alberta-premier-danielle-smith-suggests-premiers-start-constitutional-talks-1.7585083)* Jamie Sarkonak: Non-citizen johns shouldn't get sentence discounts for their crimes (National Post) (https://nationalpost.com/opinion/jamie-sarkonak-non-citizen-johns-shouldnt-get-sentence-discounts-for-their-crimes)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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4 months ago
41 minutes 59 seconds

Not Reserving Judgment
Episode 93: When can YOU make a citizen's arrest? Plus, Alberta's book ban.
On Episode 93, we discuss a heroic citizen's arrest in Ottawa and walk you through Alberta's new ban on sexually explicit books in schools. Plus, we share our Bad Legal Takes of the Week, including a proposal to ban terror symbols and a non-binary American's asylum claim. Stories and cases discussed in this week's episode: * Man stops Ottawa robbery suspect with dog-leash handcuffs, raising questions about limits of citizen’s arrests (Globe and Mail) (https://www.theglobeandmail.com/politics/article-ottawa-citizens-arrest-pet-store-dog-leash-handcuffs-robbery-suspect/)* Section 494 of the Criminal Code of Canada (https://laws-lois.justice.gc.ca/eng/acts/C-46/section-494.html#:~:text=Arrest%20without%20warrant%20by%20any,2012%2C%20c.)* Alberta bans ‘explicit’ books in school libraries starting Oct. 1 (Global News) (https://globalnews.ca/news/11283634/alberta-school-library-book-ban/)* Judge halts deportation of non-binary American in landmark ruling after Trump’s gender edicts (Globe and Mail) (https://www.theglobeandmail.com/politics/article-judge-halts-deportation-non-binary-american-trump-gender-edicts/)* Would Criminalize Swastika (Blacklock's) (https://www.blacklocks.ca/would-criminalize-swastika/)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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5 months ago
30 minutes 10 seconds

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.