Not Reserving Judgment

On Episode 57, we tell you about a win and a loss in the war against expression-limiting codes of conduct, and we explain the problems with the proposal to criminalize 'residential school denialism.' Plus Preston Manning's proposed Act Respecting Provincial Jurisdiction.

Stories and cases discussed in this week's episode:

• Clark v City of Medicine Hat, 2024 ABKB 513 (CanLII)
• OCDSB trustee's bid for judicial review of Code of Conduct sanctions dismissed
• Kinew denies claims of toxic, dysfunctional government made by ousted MLA
• Bill before Parliament would outlaw residential school 'denialism'
• Canada’s federal and provincial governments should stay in their own lanes
• Six take-aways from the VP debate between Vance and Walz

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 56, we walk you through some potential court challenges to right the ship of federalism, explain why the Canada Health Act must change, and fill you in on the latest news about the Online Harms Act. Plus, should Lake Winnipeg be legally defined as a person?

Stories and cases discussed in this week's episode:

• Bill C-13: An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
• Canada Health Act (R.S.C., 1985, c. C-6)
• Premier Danielle Smith unveils plans to amend Alberta Bill of Rights
• Lawsuit by Manitoba chiefs urges Lake Winnipeg be legally defined as a person
• Rising number of Canadians support major health care reform, survey finds

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 55, we talk about B.C.’s plan to expand involuntary treatment, we discuss the B.C. Law Society’s attack on two members for requesting that a mandatory Indigenous training course be accurate, and we tell you about a lawsuit involving a gender-fluid dog.

Stories and cases discussed in this week's episode:

• Social worker wins £55,000 after row about gender-fluid dachshund
• Statement on member resolution submitted by James I. Heller and Mark T.K. Berry
• B.C. to introduce involuntary care for people with concurrent addiction, mental disorders, premier says
• Jamie Sarkonak: B.C. lawyers shouldn't face residential school 'denialism' accusations for telling the truth
• Hezbollah is hit by a wave of exploding pagers that killed at least 9 people and injured thousands

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 54, we discuss the dramatic and escalating strike situation at McGill Law and a partial victory for free expression following an unconstitutional Niagara Region City Council decision.

Stories and cases discussed in this week's episode:

• Threat of constitutional challenge leads Niagara Regional Council to change sign and prop bans
• McGill law professors on strike in protest of challenge to union certification
• Toronto judge gets rebuke for ‘mocking,’ ‘inflammatory’ and ‘inappropriate’ comments in family court battle
• 'It's a lie,' billionaire Frank Stronach says of 13 sex crime charges filed against him

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 53, we explain why freedom of speech advocates are concerned about France's arrest of Telegram founder Pavel Durov; we discuss whether magic mushrooms should be legal; and Josh calls b.s. on a self-identified bisexual asylum seeker who wants 'status for all.'

Stories and cases discussed in this week's episode:

• After Canada cancelled his deportation, this bisexual man pushes for status for all
• A guide to the Digital Services Act, the EU’s new law to rein in Big Tech
• First-time culprit: France blocks TikTok in New Caledonia
• He worked two weekends at a Toronto magic mushroom store. Now he’s got a criminal record
• Individual charged with 3D printing of firearms and hate speech
• In Russia, questions swirl over arrest of Telegram boss
• France extends detention of Telegram chief Pavel Durov
• A dangerous precedent? Telegram CEO Pavel Durov’s arrest stokes speech war
• Disney drops bid to stop wrongful death lawsuit over Disney+ terms
• Click to agree with what? No one reads terms of service, studies confirm

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 52, we explain the proposed class actions related to COVID-19 vaccines and lockdowns in Alberta; we discuss the new legal challenge that argues the mentally ill have a right to MAID; and we update you on the harsh sentences for speech crimes in the U.K.

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Stories and cases discussed in this week's episode:

• Who are the rioters and what jail sentences have they received?
• 'Burn it all down': Head of B.C. civil liberties group resigns over tweet about church fires
•  Hope Not Hate boss apologises for false ‘acid attack on Muslim woman’ tweet
• Whitehorse city council passes civility policy
• Canada's assisted-dying law faces constitutional fight for excluding mental disorder
• Man jailed for shouting at police dog and using racist slurs
• Black woman charged after using n-word on social media
• Woman jailed for hate related communications
• ‘I’m 28. And I’m Scheduled to Die in May.’
• COVID class action for businesses (statement of claim)
• COVID class action for vaccine injuries
• Whitehorse Civility Policy

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 51, we update you on Jordan Peterson's fight for freedom of expression; we tell you why the new commissioner of the Canadian Human Rights Commission stepped down; and we walk you through a decision on when phones & laptops can be searched at the border.

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Stories and cases discussed in this week's episode:

• Peterson v. College of Psychologists of Ontario, 2023 ONSC 4685 (CanLII)
• Jordan Peterson v. College of Psychologists of Ontario, 2024 CanLII 74731 (SCC)
• Jordan Peterson: I will see this contemptible 're-education' process through to its absurd end
• Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36
• R v Pike, 2024 ONCA 608
• B.C. Civil Liberties Association leader resigns after controversial social media post
• 'THE NEW SWASTIKA:' Calls grow to ban red triangle as hate symbol
• New human rights commissioner resigns before starting role

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 50, we explain why Toronto Police might have violated a man's rights by arresting him for breach of the peace at an anti-Israel protest; we tell you about an Ontario man facing $400,000 in archeological fees; and we update you on the criminal trial of two men in Coutts.

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Stories and cases discussed in this week's episode:

• Christie Blatchford: Justice at last for Caledonia man arrested for carrying a Canadian flag
• Fleming v. Ontario, 2019 SCC 45 (CanLII), [2019] 3 SCR 519
• Amnesty International names B.C. chief the first prisoner of conscience held in Canada
•  It’s time originalism came to Canada
• Video showing woman confronted by police over allegations of defecation on beach
• Ontario Premier requests Wasaga beach visitors not poop in the sand
• Three men involved in 2022 Coutts border blockade found guilty of mischief by jury
• Ontario farmer says he has to pay $400,000 in archeological fees to build a home on his field

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 49, we explain a new Supreme Court treaty decision that could cost tens of billions; we chastise Niagara Regional Council for banning signs from council meetings; and we walk through a new report that says inter-provincial trade barriers cost $200 billion per year.

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Stories and cases discussed in this week's episode:

• Niagara Region sparks more outrage from Palestine Coalition
• Ontario (Attorney General) v. Restoule
• Hussen OK’d “Hate” Guide
• Lawyers say First Nations could get up to $126B after Supreme Court rules Crown breached treaty
• Removing domestic trade barriers could boost productivity, add $200 billion to economy annually: CFIB

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 48, we tell you about the Supreme Court's decision that legislatures don't have full immunity from damages when they pass clearly unconstitutional laws; and we explain why the Court rejected our intervention in a case about who decides which firearms are prohibited.

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Stories and cases discussed in this week's episode:

• Edmonton Police Commission passes more restrictive rules for public presentations at meetings
• City councillor speaks out after Edmonton Police Commission refuses to release EPS audit plan
• Edmonton Police Commission briefing note on meeting procedures
• Canada (Attorney General) v. Power
• CCF pleased by SCC ruling no absolute immunity from damages for Charter-violating laws

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.