Not Reserving Judgment

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.