NewsNews CommentaryPolitics

Not Reserving Judgment

Canadian Constitution Foundation

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.

Play

Open in

22 episodes
weekly
Avg 34 min
English

Episodes 22

Newest Oldest Longest

All20 Unplayed20 In progress0 Played0

Counted on this page — what you have heard stays on this device, so it is not something the list can be paged by.

October 7 · 35 min
Episode 154: Tech Companies LEAVING Canada, and Do we have the Right to Deal Drugs?
In Episode 154, Alexander and Christine discuss the consequences of the Lawful Access Act—even before the law is passed—and the British Columbia Supreme Court's reasons in the case of R v Kalicum, 2026 BCSC 1855; the so-called 'right to deal drugs' case. Stories and cases discussed in this week's episode: Toronto-based VPN provider plans to quit Canada over lawful-access bill (Globe & Mail) Judge tosses drug trafficking convictions for B.C. compassion club founders after constitutional challenge (CBC News) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
September 30 · 28 min
Episode 153: Alberta journalist launches freedom of the press challenge after illegal hospitals ban
In Episode 153, we tell you about our new freedom of the press case, supporting an independent journalist banned from Alberta Health Services property for trying to do his job. Plus, we update you on the latest developments in the Cowichan Tribes aboriginal title litigation. Stories and cases discussed in this week's episode: Montrose Properties appeals rejection to be party to Cowichan case (Richmond News) Indigenous title ruling could trigger total real estate collapse (Juno News) CCF challenges province-wide ban on journalist entering Alberta Health Services property (TheCCF.ca) Judge tosses drug trafficking convictions for B.C. compassion club founders after constitutional challenge (CBC News) If the BC Conservatives win, Doerkson's status as premier could be challenged in court: Sharma (Business in Vancouver) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
September 23 · 35 min
Episode 152: Activist GUILTY of hate speech for 'gay zombies' flyers at Pride. Plus, Montreal BANS offending police.
In Episode 152, we tell you about a new Montreal bylaw banning offensive speech directed at police and municipal employees. Plus, we dig into a new decision that found that the famous anti-gay-lifestyle activist Bill Whatcott guilty of criminal hate speech for his "gay zombies" flyer. Stories and cases discussed in this week's episode: R. v. Whatcott, 2026 ONSC 3605 (CanLii) Montreal city council adopts bylaw banning insults against police, municipal employees (CBC News) Jamie Sarkonak: N.B. judge invents the Aboriginal right to be represented by an elder in court (National Post) Anti-gay crusader with Sask. ties guilty of promoting hatred at Toronto pride parade (Star Phoenix) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
September 16 · 25 min
Episode 151: B.C. doctor fined after refusing to give puberty blocking shot. Plus, no jail for Indigenous man who killed girl.
In Episode 151, we tell you about the BC Human Rights Tribunal decision awarding $20,000 to a teen after a doctor refused to give a puberty blocker. Plus, we discuss a judge's decision to give no jailtime to an Indigenous man who killed a 12-year-old while driving 90 in a 50 km/h zone. Stories and cases discussed in this week's episode: GPS bracelet and house arrest for driver who killed 12-year-old (The Brantford Expositor) Child Q v. Ajaero (No. 2), 2026 BCHRT 189 B.C. doctor fined $28,000 for refusing to inject trans-identifying teen with puberty blocker (National Post) Petition to the Government of Canada e-7621 (OurCommons.ca) Trial for Windsor man arrested for skating with protest sign adjourned to November (TheCCF.ca) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
September 9 · 41 min
Episode 150: Regulator warns realtor after he opposed closure of Joffre Lakes Park to non-Indigenous
In Episode 150, we tell you about our new case involving a B.C. realtor who was warned he could be disciplined because he opposed the closure of Joffre Lakes Park to non-Indigenous. Plus, an Alberta court finds trustee who compared Pride to Nazis can't be forced to apologize. Stories and cases discussed in this week's episode: CCF warns B.C. regulator that censoring realtor’s political speech violates Charter (The CCF) ABCA: Former school board trustee does not have to apologize for meme showing swastika, pride flags (Canadian Lawyer) Alberta Health Services v Pawlowski, 2021 ABCA 392 (CanLii) Province announces 2026 closure dates for Joffre Lakes Park (Castanet) How different would Lindsay Clancy’s murder trial look if it happened in Canada? (CBC News) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
September 2 · 31 min
Episode 149: Did Hamilton's police or mayor violate the Dominion Society's Charter rights?
In Episode 149, we discuss the constitutional problems with chasing the anti-immigrant group Dominion Society out of Hamilton, Ontario, and we explain Alberta's new dual practice model for doctors. Plus, we give our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: BC bar fined $3K after inspector offered ‘bump’ and confronted with knives (Kelowna Now) DomCon Continues to Search for Hamilton Venue (Hamilton Police) Hamilton police join call for venues to 'consider the impact' of hosting anti-immigration group Saturday (CBC News) Ontario should join Alberta in challenging the Canada Health Act (The Hub) Ontario Liberal leadership candidate vows to make health care more ‘competitive’ (Global News) CAQ touts private-sector health care as PQ maintains poll lead (Global News) Mayor Andrea Horwath's letter about Dominion Society (WiretapMediaCa on X) Health-care groups call on Ottawa to stop Alberta’s dual medical practice model (CBC News) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
August 26 · 29 min
Episode 148: Doug Ford wants Carney to CUT OFF Alberta's oil. Can he legally do that?
In Episode 148, we discuss the constitutionality of Ontario Premier Doug Ford's proposal to block Alberta oil exports to the U.S. during the trade war. Plus, we discuss the U.S. demand for changes to the Online News Act and Online Streaming Act. Stories and cases discussed in this week's episode: Ex-Alberta premier Jason Kenney says oil needs to be on the table in US tariff war (The Canadian Press) Ford calling again to block oil, potash exports to U.S. in trade war gets cold response (National Post) Ontario premier wants Canada to withhold oil exports to the U.S. | Edmonton Journal (Edmonton Journal) Re: Exported Natural Gas Tax, [1982] 1 SCR 1004 How Canadian content on streaming platforms became a trade issue with the U.S. (CBC News) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
August 19 · 37 min
Episode 147: Illegal Freedom Convoy blacklist went to THOUSANDS. Plus, no right to bike lanes.
In Episode 147, we do a deep dive into an Ontario Court of Appeal decision that found there is, in fact, no constitutional right to bike lines. Plus, we discuss the shocking revelation that the blacklist of Freedom Convoy participants was shared with thousands of people and institutions. Stories and cases discussed in this week's episode: Cycle Toronto v. Ontario (Attorney General), 2026 ONCA 582 (Ontario Court of Appeal) Blacklist Went To Thousands (Blacklock's) Court of Appeal Sides with CCF Arguments in Bike Lanes Charter Fight (TheCCF.ca) Proposal for Arday’s Law: a limit to articles published on one person within a timeframe. (Change.Org) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
August 19 · 37 min
Episode 147: Illegal Freedom Convoy blacklist went to THOUSANDS. Plus, no right to bike lanes.
In Episode 147, we do a deep dive into an Ontario Court of Appeal decision that found there is, in fact, no constitutional right to bike lines. Plus, we discuss the shocking revelation that the blacklist of Freedom Convoy participants was shared with thousands of people and institutions. Stories and cases discussed in this week's episode: Cycle Toronto v. Ontario (Attorney General), 2026 ONCA 582 (Ontario Court of Appeal) Blacklist Went To Thousands (Blacklock's) Court of Appeal Sides with CCF Arguments in Bike Lanes Charter Fight (TheCCF.ca) Proposal for Arday’s Law: a limit to articles published on one person within a timeframe. (Change.Org) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
August 12 · 33 min
Episode 146 - No Campaigning in PARKS. Plus, To Swear or not to Swear (Allegiance)?
In Episode 146, Alexander and Christine discuss the Town of Aylmer's extraordinarily broad restrictions on ordinary election campaigning, as well as a case on its way to the Supreme Court which asks whether requiring a lawyer to swear allegiance to the Crown violates the Charter. Stories and cases discussed in this week's episode: CCF Writes to Aylmer: Election Guidance Goes Too Far Restricting Political Speech Supreme Court of Canada to hear case on constitutionality of requiring oath to the Crown Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
August 5 · 25 min
Episode 145: Teen challenges cruel denial of funding for surgery abroad. Plus, Edmonton Police snitch line.
In Episode 145, we tell you about our new patients' rights challenge on behalf of a teenager who was forced to leave Canada for scoliosis surgery. Plus, we explain the new Democracy Watch decision, which finds administrative decisions are always reviewable for basic legality. Stories and cases discussed in this week's episode: Teen sues government after years-long wait for scoliosis surgery (TheCCF.ca) Democracy Watch v. Canada (Attorney General), 2026 SCC 28 (CanLII) Edmonton police criticized for social media post about online hate (CityNews Edmonton) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
July 29 · 25 min
Episode 144: Alberta Health Services BANS journalist just doing his job. Plus, protest leader faces terror charges.
In Episode 144, we tell you about a trespass notice given to an independent journalist in Alberta who was just trying to do his job. Plus, we discuss a terrorism charge laid against a Toronto pro-Palestinian protester who allegedly assisted Hamas. Stories and cases discussed in this week's episode: Pro-Palestinian protester facing terror charge was a focal point of past controversy (Globe and Mail) Man charged with terrorism offence following investigation into alleged conduct at demonstrations, Bay Street and Front Street West (Toronto Police) Mocha Bezirgan X post Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6(Supreme Court of Canada) Police stop Rebel billboard truck, investigating alleged 'hate crime' (Rebel News) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
July 22 · 41 min
Episode 143: Freedom Convoy organizer GUILTY of intimidation, could face longer sentence
In Episode 143, we explain why billionaire businessman Frank Stronach is no longer guilty of sexual assault after a judge declared a mistrial, and why the acquittal of Freedom Convoy organizer Pat King on the charge of intimidation was overturned by the Ontario Court of Appeal. Stories and cases discussed in this week's episode: Judge declares mistrial in businessman Frank Stronach's sexual assault conviction (CBC News) Policiers insultés et ridiculisés: Mohamed Bekkali arrêté et accusé au criminel (TVA) R. v. King, 2026 ONCA 522 (CanLII) Pat King to be re-sentenced for intimidation after losing appeal (Ottawa Citizen) How I Faced Off Against the Freedom Convoy—and Won Over Its Supporters (The Walrus) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
July 15 · 34 min
Episode 142: NO JAIL for Ontario man who repeatedly sexually abused sister from age 12
In Episode 142, we tell you about a victory for free speech after a court rules Ontario can't ban billboards just because they criticize politicians and public health officials. Plus, a horrific Ontario incest case shows why the reasonable hypotheticals doctrine isn't so reasonable after all. Stories and cases discussed in this week's episode: R. v. D.C. #2, 2026 ONSC 3029 (CanLii) Katerberg v. Ontario (Ministry of Transportation), 2026 ONSC 3991 (CanLII) Judge says it would be 'cruel and unusual' to send Ontario man who sexually assaulted 12-year-old sister to jail (National Post) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
July 8 · 34 min
Episode 141: B.C. secretly negotiating to give away up to 11% of the province to tiny First Nation
In Episode 141, we tell you about reporting that says B.C. may be about to recognize the Tahltan have Aboriginal title over up to 11% of the province. Plus, we explain what's in the Ministry of Industry memo that says the government could start suing over misinformation on social media. Stories and cases discussed in this week's episode: Backed by Ottawa, BC negotiates governance, Aboriginal title in mineral-rich northwest (Northern Beat) The Greatness of the Constitution Shines in the Birthright Citizenship Case (The Free Press) Would Sue Over Social Posts (Blacklock's Reporter) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
June 30 · 31 min
Episode 140: Did Muskoka drag critic commit hate speech? Plus, HALF of criminal charges stayed or withdrawn.
In Episode 140, we tell you about the case of a Muskoka, Ontario, drag performance critic charged with criminal hate speech. Plus we discuss a new report that shows half of criminal charges in Canada are stayed or withdrawn. Stories and cases discussed in this week's episode: ‘Very vocal, very harassing and very bigoted’: Protester arrested at Muskoka Pride drag show (Gravenhurst Banner) Justice delayed: Nearly 60% of violent crime cases are stayed or withdrawn in Canada (The Hub) ‘Occasionally Checks’ Judges (Blacklock's Reporter) Oops? NPR retracts Samuel Alito’s retirement (Bing) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
June 24 · 37 min
Episode 139: Ancient remains could cost renovating Ontario couple $1 million. Plus, Carney's Supreme Court pick.
In Episode 139, we tell you about the case of an Ontario couple who could be on the hook for $1 million or more in archeology and reconciliation fees, after finding ancient remains on their property. Plus, we tell you about Justice Glenn Joyal, the newest member of the Supreme Court. Stories and cases discussed in this week's episode: Alberta enacts a U.S.-style two-tier health care system (Policy Alternatives) Quebec town officially recognizes trees as sentient living beings with their own rights (National Post) The Honourable Glenn D. Joyal's questionnaire (Office of the Commissioner for Federal Judicial Affairs Canada) Indigenous ancestral remains found on Ontario property could cost this couple $319K (CBC News) Carney nominates Manitoba’s Glenn Joyal to Supreme Court (Globe and Mail) Buried Costs: One Family's Fight for Their Property (TheCCF.ca) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
June 17 · 40 min
Episode 138: Did the government take taxi drivers' property? Plus, what happened in the Pride flag case.
In Episode 138, we update you on the case of a small-town mayor fined for opposing a Pride proclamation, and we explain why we think the Quebec government owes taxi drivers for taking their property. Plus, our Bad Legal Takes of the Week go to the CCLA and Amber Mac. Stories and cases discussed in this week's episode: Quebec taxi permit holders are asking the Supreme Court to hear their case (CityNews) Court orders Quebec to pay former taxi permit holders $219 million (Montreal Gazette) Ontario court dismisses Township of Emo’s request for review of Human Rights Tribunal ruling (YourSunsetCountry.ca) Borderland Pride v. Corporation of the Township of Emo, 2024 HRTO 1651 (CanLii) Josh Dehaas: Carney's plot to censor the entire internet (National Post) Ottawa is trying to censor AI chatbots with new online harms law (The Hub) Stop Internet Censorship Petition (TheCCF.ca) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
June 11 · 45 min
Carney plans to CENSOR AI & social media. The biggest threat to free speech threat in decades?
In Episode 137, we explain why the Carney government's plan to regulate artificial intelligence and social media may be the biggest threat to free speech in decades. Plus, Ontario’s Court of Appeal overturns ruling that found a law blocking animal activists from farms violated free speech. Stories and cases discussed in this week's episode: Bill C-34, the Safe Social Media Act, Explained (TheCCF.ca) Safe Social Media Act Animal Justice v. Ontario (Attorney General), 2026 ONCA 380 (CanLii) Alberta town orders removal of pro-separation billboard, calling it a 'nuisance' (CBC News) STOP BILL C-34 Petition Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.
June 3 · 37 min
Episode 136: B.C. city CENSORS comedy. Plus, Bill C-9 could criminalize residential school 'denialism'
In Episode 136, we explain why Nanaimo, British Columbia got our 2026 Municipal Muzzle Award for censoring Ben Bankas' comedy show, and we explain the status of Bill C-9, which would chill religious speech and may now also outlaw residential school 'denialism.' Stories and cases discussed in this week's episode: CCF’s Municipal Muzzle Award Calls Out Nanaimo for Cancelling Comedy (TheCCF.ca) Share Your Thoughts With Nanaimo City Council (CCF Letter Writing Campaign) Nanaimo’s Port Theatre cancels controversial comedian’s show (CHEK) Bill C-9 amended to criminalize "residential school denialism" (Juno) Criminalizing denialism is not the path to truth (Globe and Mail) CCF Petition: Tell the Senate to Fix Bill C-9 (TheCCF.ca/fixbillc9) Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn, with help from Alexander Surgenor. 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.

Showing 1–20 of 22 episodes