Not Reserving Judgment

On Episode 47, we tell you about a B.C. woman forced to go to the U.S. for cancer care; we discuss a decision that says judges can’t just assume vaccines are safe and effective; and we tell you about a win by Saskatchewan in their fight against Trudeau's carbon tax.

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Stories and cases discussed in this week's episode:

• Legal bodies shouldn’t accept claims of vaccine safety without evidence, B.C. panel finds
• 'Safe for now': Sask. and feds press pause on $28M carbon tax payment in out-of-court deal
• Winnipeg lawyer gets 6-month suspension for punching student in groin, disciplinary panel rules
• Justice minister deletes capital gains video that contained inaccurate information
• Josh Dehaas: Two months to live, but a three-month wait to see a doctor

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 46, we discuss whether the right to freedom of expression protects naturalized gardens, we explain why Justice Jamal recused himself from the challenge to Quebec's secularism law; and we update you on the brewing constitutional crisis involving the Senate.

*Are you a regular listener? Give us feedback by filling out this short survey!*

Stories and cases discussed in this week's episode:

• Queer rights are in danger in Canada. Pierre Poilievre owns some of the blame
• Should the Senate block the notwithstanding clause?
• Howard Anglin and Ray Pennings: Canada is careening towards a constitutional crisis in the Senate
• Ruck v. City of Mississauga, 2024 ONSC 2579 (CanLII)
• The gardener who took a Canadian city to court for the right to not mow his lawn
• Brittlestar video on the LCBO

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 45, we tell you about a case that will force the Supreme Court to grapple with the when police can go onto a person’s driveway without violating rights; we get into the controversy over the mayor in Quesnel, B.C.; and we walk you through the U of T injunction decision.

Stories and cases discussed in this week's episode:

• Asleep at the Wheel: Reasonable Expectation of Privacy
• R v Singer, 2023 SKCA 123 (CanLII)
• City of Quesnel seeks to dismiss mayor's lawsuit over censuring
• Quesnel city council condemns controversial residential school book distributed by mayor's wife
• Possible Censure and Sanctions for Mayor Paull
• Is it end days for the U of T encampment? I think so, injunction or not.
• Demonstrators take down some tents at U of T encampment, plan rally ahead of deadline

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 44, we tell you about a family suing a Catholic hospital in Vancouver because it wouldn't perform MAID on site; we discuss how the new 'green-washing' law harms free expression; and we explain the controversy over the new federal human rights commissioner.

Stories and cases discussed in this week's episode:

• Government Appoints New Chief of Canadian Human Rights Commission Who Linked To Articles Comparing Israelis to Nazis, Called for Israel Boycott (Michael Geist)
• Oil and gas industry making risky play in response to greenwashing law: experts
• Alberta government calls bill about backing up environmental claims an 'agenda to create chaos'
• Pathways Alliance oilsands group removes all website content as Bill C-59 receives major industry pushback
• Parents sue after St. Paul's Hospital transfers daughter to hospice for assisted death
• Transgender woman refused leg wax by Windsor, Ont., salon awarded $35K by human rights tribunal
• Canadians are inconvenienced and annoyed, but let’s be clear, you haven’t lost your freedom

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 43, we give a full recap of the hearing at which the University of Toronto requested an injunction to have the People's Circle for Palestine encampment removed. We dig into whether the issues including whether the Charter applies, freedom of speech and trespass.

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 42, we dig into the new details about how the government plans to regulate your expression through the Online News Act, the Online Streaming Act and the Online Harms Act. Plus we tell you about a lawyer who got in trouble for calling TMU law a 'clown school.'

Stories and cases discussed in this week's episode:

•  Peter Menzies: Say goodbye to Netflix, Canada? Why the Online Streaming Act might just run them (and other international streamers) out of the country
• Joanna Baron: The Liberals claim to be the ‘Charter party.’ Nothing could be further from the truth
• 'Is this legal?': Elon Musk questions UBC hiring practices
•  Peter Menzies: Google shuns the big media moguls in decision over news fund—but it’s Canadian consumers who will pay the heaviest price
• Once incarcerated, this Toronto activist was accepted into TMU Law's inaugural year. Now, he's suing the school for $300K
• Hamza v. Law Society of Ontario et al, 2021 ONSC 2023
• Canadian judge Beverley McLachlin to step down from top court in July – announced days after 2 UK judges quit
• What's stopping Ontario from passing a law to oust misbehaving councillors?

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 41, we discuss why Newfoundland is suing the federal government over equalization; we explain the debate over whether mandatory union dues violate conscience rights; and we tell you about the latest loss in the fight against COVID-19 gathering limits.

Stories and cases discussed in this week's episode:

• Anti-masker loses bid to have pandemic ticket turfed
• Winnipegger loses court fight to quash ticket for attending People's Party rally amid pandemic restrictions
• Premier Brian Pallister speaks out against racism but won't attend Winnipeg rally
• Section 36 of the Constitution Act, 1982
• Sask. to join Newfoundland and Labrador in court challenge over equalization formula
• CCF Victory: charges dropped against lone protestor in Kingston
• Brian Dijkema: It’s time for freedom of conscience to stop union dues from going to Hamas sympathizers
• John Ivison: CUPE is being held to account for its obsessive anti-Israel vitriol

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 40, we discuss the University of Toronto's request for a court order to clear out the campus occupiers; we talk about whether a good Samaritan law meant to prevent overdoses protects drug dealers against drug charges; and we update you on the MPP Sarah Jama affair.

Stories and cases discussed in this week's episode:

• MPP Sarah Jama’s court challenge of her censure at Ontario legislature is dismissed
• Updated: Partial injunction granted against pro-Palestinian encampment at UQAM
• The Governing Council of the University of Toronto v Jane and John Doe
• Saskatchewan argues for limits on federal Good Samaritan drug act
• Will U of T’s convocation overlap with the encampment protest? A judge holds the answer in his hands
• An Act to amend the Food and Drugs Act (warning label on alcoholic beverages)

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 39, we discuss McGill's failed attempt to get an injunction against the protesters occupying campus; we tell you about a disappointing court ruling that upheld a B.C. vaccine mandate; and we explain why an arbitrator found Canada Post's vax mandate unreasonable.

Stories and cases discussed in this week's episode:

• City surrendered to Uber's bullying tactics and abandoned Ottawa cabbies, judge rules
• Chris Selley: Cities have made their bylaws into an ass
• A judge ruled that tacos and burritos are sandwiches. What do you think?
• Here’s what I learned from my conversation with Justin Trudeau: There’s only one way to fix Canada and everyone is going to hate it
• Quebec court rejects McGill injunction request to remove encampment
• Canada Post was wrong to suspend unvaccinated remote workers during COVID, arbitrator rules
• Josh Dehaas: Is there a Charter right to campus encampments? Unlikely
• Court upholds B.C.'s COVID-19 health-care vaccine mandate

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 38, we discuss what formerly secret testimony about the invocation of the War Measures Act tells us about history repeating itself; we explain the court ruling that considered whether bylaw can ban swinging, and we give our Bad Legal Takes of the Week.

Stories and cases discussed in this week's episode:

• We need a law against lying in politics
• Josh Dehaas: The Trudeau family tradition of invoking unnecessary emergency powers
• Calgary swinger will continue to have group sex parties in his home, lawyer says
• The FLQ and the October Crisis
• Beware predictions of a Senate-created constitutional crisis
• Howard Anglin and Ray Pennings: Canada is careening towards a constitutional crisis in the Senate
• Group sex parties are okay, but social club sex gatherings aren't, Calgary judge says

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.