Canadian Constitution Foundation

Not Reserving Judgment

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In each episode of Not Reserving Judgment, Canadian Constitution Foundation Executive Director Joanna Baron, Litigation Director Christine Van Geyn, and Counsel Josh Dehaas walk you though the latest Canadian constitutional law headlines, update you on our litigation, and share our Bad Legal Takes of the Week.

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Canadian Constitution Foundation

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8. Jul 2026

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Episode 68: City councillor sanctioned for harassing emojis. Plus, shutting down TikTok? 18.12.2024

On Episode 68, we tell you about a London, Ont., city councillor sanctioned for saucy emjois; we explain what's wrong with a Conservative private member's bill aimed at protecting children online; and we tell why it may not make sense to shut down TikTok's Canadian office. Stories and cases discussed in this week's episode: London councillor should have pay suspended for 30 days for bullying city...

BONUS EPISODE - Free Speech in Canada: From ancient roots to modern controversies 12.12.2024

Instead of our weekly episode of Not Reserving Judgment, here's a conversation on new book, Free Speech In Canada: A beginner’s guide from ancient roots to modern controversies. Now available on Amazon.ca!

Episode 66: Citizens DEBANKED. Plus, should kids be banned from social media? 04.12.2024

On Episode 66, we tell you about a shocking new Free Press investigation into debanking in the United States, and discuss whether Australia's ban on social media for kids under 16 is a good idea. Plus, Bad Legal Takes from U of T and a self-described "fat intersectional feminist." Stories and cases discussed in this week's episode: The Debanking of America Guide to Law and Policy regarding Antisem...

Episode 65: Freedom Convoy leader GUILTY. Plus bike lanes & Ezra Levant arrest. 27.11.2024

On Episode 65, we tell you about Freedom Convoy Leader Pat King's criminal convictions and acquittals; we explain why Toronto Police were wrong to arrest journalist Ezra Levant; and we get into the war over bike lanes in Toronto. Stories and cases discussed in this week's episode: Borderland Pride v. Corporation of the Township of Emo, 2024 HRTO 1651 Pat King found guilty of mischief for role in '...

Episode 64: Is UBC's law school really racist? Plus reining in Alberta's regulators 20.11.2024

On Episode 64, we tell you about the dubious allegations that UBC's law school is racist; update you on Alberta's consultations about how to protect the free speech of professionals; and explain why OutTV wants all Canadian subscribers to pay for its colourful programming. Stories and cases discussed in this week's episode: An Elite Law School Promised Reforms, Then Made Inclusion Impossible Danie...

Episode 63: Trudeau gov't takes SHOCKING position on freedom of assembly 13.11.2024

On Episode 63, we tell you about the Trudeau government's shocking position on freedom of peaceful assembly in the Emergencies Act case; and we discuss the legal implications of some Yukon municipal councilors refusing to take an oath to the King. Stories and cases discussed in this week's episode: 'Hamas is applauding': Mississauga mayor urged to stop vigil for terror leader Yahya Sinwar CCF file...

Episode 62: Man BLOCKS girlfriend's assisted death. Plus first-past-the-post & encampments. 06.11.2024

On Episode 62, we tell you about an Alberta man who obtained an injunction to block his girlfriend's assisted-death; we explain why we intervened in a challenge to first-past-the-post; and we discuss the calls in Ontario to use the notwithstanding clause to end encampments. Stories and cases discussed in this week's episode: B.C. judge urgently halts assisted death of Alberta woman, the day before...

Episode 61: Alberta Bill of Rights, 'random' police stops & a right to get your kid on time? 30.10.2024

On Episode 61, we analyze the proposal to improve protections for property, firearms and medical autonomy in the Alberta Bill of Rights; we discuss a Quebec decision that found repeated random stops unconstitutional; and we tell you about a B.C. librarian's argument that she's facing discrimination because she can't pick her kid up on time from daycare. Stories and cases discussed in this week's e...

Episode 60: Adamson BBQ sentencing, MAID concerns & crazy climate change challenge 23.10.2024

On Episode 60, we discuss the sentencing William Adamson Skelly, who was convicted for operating a BBQ business without a license during COVID-19; we explain the constitutional challenge to Ontario's climate targets; and we discuss chilling new details about MAID. Stories and cases discussed in this week's episode: Toronto (City) v. Adamson Barbecue Ltd., 2024 ONCJ 525 (CanLII) Yuan Yi Zhu: Debunk...

Episode 59: HILARIOUS update in Jordan Peterson's free speech fight. Plus why Samidoun was listed. 16.10.2024

On Episode 59, we give you an update on Jordan Peterson's fight with the Ontario College of Psychologists, we explain why Samidoun has been listed as a terrorist entity, and we tell you about how the justice system in Windsor, Ont., appears to be failing the public. Stories and cases discussed in this week's episode: No jail, but Windsor judge orders restitution for downtown window-smashing spree...

Episode 58: Supreme Court upholds air travel compensation. Plus free daycare for asylum seekers? 09.10.2024

On Episode 58, we tell you about a Quebec decision that found it's discriminatory to not give subsidized daycare to asylum seekers, we explain a new Supreme Court ruling that upheld airline passenger compensation regulations, and Josh complains endlessly about WestJet. Stories and cases discussed in this week's episode: RA v. WestJet Airlines Ltd WestJet ordered to pay more than $2K to passengers...

Episode 57: Criminalizing 'denialism' (!?). Plus Kaplan-Myrth loses & Medicine Hat mayor wins. 02.10.2024

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...

Episode 56: Is requiring SCC judges to be bilingual constitutional? Plus why the Canada Health Act must change 25.09.2024

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 Fren...

Episode 55: B.C. lawyers ATTACKED for telling the truth, involuntary treatment & gender-fluid dog 18.09.2024

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 membe...

Episode 54: Victory (?) for free speech in Niagara and mayhem at McGill Law 04.09.2024

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...

Episode 53: Free speech fears as Durov DETAINED & magic mushrooms outrage 28.08.2024

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 f...

Episode 52: COVID class actions, U.K. speech crimes & MAID for the mentally ill 21.08.2024

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. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week's episode: W...

Episode 51: Big LOSS for Jordan Peterson. Big WIN for privacy rights. Plus Dattani steps down. 14.08.2024

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. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week's episod...

Episode 50: When can cops arrest protesters? Farmer faces $400K fee. Plus Coutts trial ends. 07.08.2024

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. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this...

Episode 49: Huge win for Ontario first nations; Niagara sign ban & interprovincial trade 31.07.2024

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. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week'...

Episode 48: A win against absolute government immunity & a loss on firearms 24.07.2024

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. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week...

Episode 47: Vaccine safety decision, B.C. woman's cancer hell & Sask wins (for now) 17.07.2024

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. *Are you a regular listener? Give us feedback by filling out this short survey! * Stories and cases discussed in this week's episode:...

Episode 46: Brewing constitutional crisis, gardens as expression & Jamal recuses 10.07.2024

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...

Episode 45: When can cops enter your driveway? Plus U of T wins & Quesnel mayor pushes back 03.07.2024

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,...

Episode 44: Shocking posts from Trudeau-appointee charged with policing YOUR speech 26.06.2024

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...

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