Not Reserving Judgment

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.