Not Reserving Judgment

On Episode 17 of Not Reserving Judgment, we explain the problems with the concept of "Charter values," which has been reaffirmed in a case about language rights in Northwest Territories; we tell you about Uber's lawsuit against the City of Toronto; and we discuss the Ottawa airport's crazy decision to take down a Metis ad.

Stories and cases discussed in this week's episode:

• Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31 (CanLii)
• Uber files legal challenge against Toronto driver cap in escalating battle (Global)
• Ottawa airport navigates signage, free speech dispute between Métis, Algonquins (Ottawa Citizen)
• Canada v. Boloh, 2023 FCA 120 (CanLii)
• Greater Vancouver Transportation Authority v. Canadian Federation of Students, [2009] 2 SCR 295 (CanLii)
• 'People are confused': Survey suggests Canadians need education on Charter rights (AM800)
• Ari Goldkind's Tweet (X.com)

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.

In this bonus episode, the Hon. Tony Clement interviews Joanna and Christine about their best-selling book 'Pandemic Panic.'

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 16 of Not Reserving Judgment, we tell you about a Waterloo school board official who lost his bid to block teacher Carolyn Burjoski's defamation claim after he called her transphobic; we get into the discussion over Alberta's Sovereignty Act motion; and we tell you about an Ontario Court of Appeal decision that found requiring math tests for teachers is not racist.

Stories and cases discussed in this week's episode:

• Court victory for teacher silenced for transgender-book criticism (National Post)
• Alberta deploys sovereignty act, floats its own power corporation to defy federal clean-energy plan (Globe and Mail)
• Alberta Sovereignty Within A United Canada Act (Alberta Assembly)
• Ontario Court of Appeal agrees with CCF: Math tests for teachers weren’t racist (TheCCF.ca)
• Opinion: The Alberta Sovereignty Act appears to be constitutional (The Hub)
• Opinion: Alberta's Sovereignty Act is constitutional but it needs nuance (National Post)
• Despite objections, Kingston council passes community standards bylaw (Kingston Whig-Standard)
• Nunavut judge says driving bans 'inconvenience' Inuit hunters but don't violate hunting rights (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.

On Episode 15 of Not Reserving Judgment, we talk about the Manning Report's recommendations to amend Alberta's laws to better protect rights in future emergencies; we applaud the Supreme Court for refusing to hear the appeal of four men stuck in Syria; and we explain why it was illegal for the federal government to ban single-use plastics like straws and bags on the basis of their "toxicity."

Stories and cases discussed in this week's episode:

• Public Health Emergencies Governance Review Panel final report (Alberta Government)
• Supreme Court won't hear case of four Canadian men detained in Syria (CBC)
• Environment and Climate Change Minister Steven Guilbeault on plastics ban (X.com)
• Responsible Plastic Use Coalition v. Canada (Federal Court)
• Legal group demands Edmonton revoke 'unconstitutional' media policy banning journalism on transit without permission (Edmonton Journal)
• Colby Cosh: Do drug addicts have a Charter right to shoot up in public parks? (National Post)
• News release announcing plan to challenge Bill 34 (Harm Reduction Nurses Association)
• Rachel Gilmore tweet on planned private prosecution for war crimes in Gaza (X.com)
• Call Christmas Colonial Bias (Blacklock's Reporter)

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 14 of Not Reserving Judgment, we talk about why we haven't seen more hate speech charges following the explosion of vitriol at the past month's anti-Israel rallies; we discuss whether caste-based discrimination should be banned; we tell you about the curious case of a woman who says she was fired for calling her underlings "my humans"; we talk about Ontario MPP Sarah Jama's latest outrageous statement; and we share some breaking news about a case we're working on.

Stories and cases discussed in this week's episode:

• 'Questions raised after arrest of Calgary protester on hate-motivated disturbance charge (CBC)
• One man charged after weekend protest (Calgary Police)
•  Craquelures dans le postnationalisme de Justin! (La Presse)
• François Legault accuse le prédicateur Adil Charkaoui d’inciter à la haine (La Presse)
• Saskatchewan (Human Rights Commission) v. Whatcott (SCC)
• Calgary Mayor Jyoti Gondek statement on hate at rallies (X.com)
• Berlin criminalizes slogan 'From the River to the Sea, Palestine will be free' (i24 News)
• Independent Ontario MPP Sara Jama spreading misinformation (X.com)
• Are the pro-Hamas protests in violation of Canada’s hate speech and terrorism laws? Joe Adam George for Inside Policy (Macdonald-Laurier Institute)
• Union claims City of Saskatoon employee was wrongfully fired for gender-neutral language (Saskatoon Star-Phoenix)

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 13 of Not Reserving Judgment, we discuss a new Supreme Court decision that found some mandatory minimum sentences for child luring are cruel and unusual punishment; we tell you what we know about Justin Trudeau's latest Supreme Court pick, Justice Mary Moreau; and we talk about a series of human rights complaints that allege CUPE has discriminated against its Jewish members.

Stories and cases discussed in this week's episode:

• 'Alienated, isolated and alone': Jewish union members launch human rights claim against CUPE (CTV Toronto)
•  Trudeau confirms appointment of Alberta judge Mary Moreau to Supreme Court of Canada (Toronto Star)
• ‘I consider her a fighter’: Supreme Court pick Mary Moreau hailed as a voice for minority rights (Globe and Mail)
•  Supreme Court rules mandatory minimum sentences for child luring are unconstitutional (Toronto Star)
• R v Bertrand Marchand (SCC)
• Experts mull whether Section 28 of Charter could impact Sask. Parents' Rights law (Regina Leader-Post)
• They’re All Interpretative: Towards a Consistent Approach to ss 25-31 of the Charter by Gerard Kennedy (SSRN)
• Letter from Canadian lawyers and law students on contextualizing Hamas' attack (X.com)
• Nora Loretto post on CUPE lawsuit (X.com)

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 12 of Not Reserving Judgment, we walk you through a new federal court decision that upheld the Trudeau government’s so-called "military-style assault weapons ban"; we tell you about a new study that found vaccine passports did little to increase uptake of vaccines; and we discuss whether government officials violate free speech when they block constituents on social media.

Stories and cases discussed in this week's episode:

• Justices weigh rules for when public officials can block critics on social media (SCOTUS Blog)
• Lindke v Freed transcripts (SCOTUS)
• O'Connor-Ratcliff v Garnier transcripts (SCOTUS)
• Parker v Canada (Attorney General) (Federal Court)
• Impact of a vaccine passport on first-dose SARS-CoV-2 vaccine coverage by age and area-level social determinants of health in the Canadian provinces of Quebec and Ontario: an interrupted time series analysis (CMAJ Open)
• Pam Palmater testimony to Senate committee claiming Indigenous people have right to bear arms (X.com)
• R v Hasselwander (CanLII)
• R v Montague (CanLII)
• Can We Really Inject Our Way Out of This Pandemic? (C2C Journal)
• Amir Attaran's tweet on why Holocaust education is discriminatory (X.com)
• Rome Statute of the International Criminal Court (ICC)
• Joshua Sealy-Harrington's tweet on genocide (X.com)
• Pandemic Panic: How Canadian Government Responses to Covid 19 Changed Civil Liberties Forever (Amazon.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.

On Episode 11 of Not Reserving Judgment, we talk about whether universities like TMU and York are infringing free speech by punishing students for their horrible opinions on Israel; we tell why a Saskatchewan cardiology clinic has left the public medicare system; and we discuss the Soviet-style ticketing of two men for having a private conversation on a Calgary train.

Stories and cases discussed in this week's episode:

• Two Calgary men charged for conversation on transit en route to 1 Million March 4 Children (Western Standard)
• York University may withdraw recognition of student unions over statements about Hamas attack (Globe and Mail)
• TDF defends the rights of transit users against anti-free speech transit bylaw (Democracy Fund)
• Community update: York’s response to three student unions’ harmful statement (YFile)
• Toronto Metropolitan University law students statement (X.com)
• TMU response to law students' letter (TMU)
• Cardiology clinic becomes first in Saskatchewan to opt out of public health care (Globe and Mail)
• Costa v Seneca College of Applied Arts and Technology, 2023 ONCA 673 (ONCA)
• Chaplain General Direction on Chaplain's Spiritual Reflection in Public Settings (Canada.ca)
• Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16 (SCC)
• Michael Spratt tweet (X.com)
• Nova Scotia offering 50 prizes worth $1,000 each for the best health-care ideas (CTV)

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 10 of Not Reserving Judgment, we discuss how the Impact Assessment Act decision is a big win for Alberta; we explain why the Ontario legislature can censure MPP Sarah Jama despite her freedom of expression; and we update you on the travel ban challenge led by former Newfoundland Premier Brian Peckford and PPC Leader Maxime Bernier.

Stories and cases discussed in this week's episode:

• Reference re Impact Assessment Act (Supreme Court of Canada)
• Sarah Jama's statement on Israel (X.com)
• Censure motion regarding Sarah Jama (OLA)
• New Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House) (SCC)
• Travel Vaccine Mandate Challengers in Court to Contest Previous Mootness Ruling (Epoch Times)
• CCF to appear in court TODAY in appeal of decision that found math test for teachers discriminatory (CCF)
• No, the Supreme Court ruling on federal environmental law is not good for business (Globe and Mail)
• Mélanie Jolie's post (X.com)
• François-Philippe Champagne's post (X.com)
• After Supreme Court’s decision, Ottawa must urgently refocus its climate policy (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.

On Episode 9 of Not Reserving Judgment, we update you on the latest in the Ontario Greenbelt scandal including what it might mean for Premier Doug Ford; we explain why even repugnant protests like the pro-Hamas rally in Toronto are constitutionally protected; and we discuss whether it's really a human rights violation for your hairstylist to drop you due to your political views.

Stories and cases discussed in this week's episode:

• Ontario Greenbelt: Canada police probe Doug Ford land deal (BBC)
• Instagram post advertising pro-Hamas rally (Instagram)
• Tweet from Brad Bradford requesting Olivia Chow stop rally (X)
• Release from Toronto Police ahead of pro-Hamas and pro-Israel rallies (Toronto Police)
• Tweet from Michelle Lindsay about being dumped by her hairstylist (X)
• B.C. Human Rights Tribunal rules former Mountie was discriminated against by 3rd Port Alberni bar (CTV News)
• Tweets from TMU assistant professor of law Joshua Sealy-Harrington (X)
• Tweets from Osgoode assistant professor of law Heidi Matthews (X)

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.