Canadian Constitution Foundation

Not Reserving Judgment

News EN ↓ 165 episodios

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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Último episodio

11 de nov. de 2026

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Episodios

Episode 158: Will Alberta's Bill 38 finally protect free speech on campus? Plus, a new law school. 11.11.2026

In Episode 158, we walk through the details of a new Alberta bill that aims to ensure institutional neutrality and freedom of expression on post-secondary campuses. Plus, we discuss why we're excited about the possibility of a new law school at the University of Guelph. Stories and cases discussed in this week's episode: Limits to institutional politics, ideology at Alberta post-secondary schools...

Episode 157: Why firearms owners are challenging the Carney government at the Supreme Court of Canada 04.11.2026

In Episode 157, we explain why firearms owners are challenging the Carney government at the Supreme Court of Canada (and why all Canadians should care). Plus, we reveal some new surprising polling results that show which groups are most open to major health care reform. Stories and cases discussed in this week's episode: Poll: Half of Canadians have avoided seeking medical attention for a health i...

Meet the newest member of freedom's legal team, former Attorney General Bronwyn Eyre 28.10.2026

Instead of the weekly podcast, please enjoy this recording of the CCF's Town Hall with Senior Counsel Bronwyn Eyre, a former Minister of Justice and Attorney General for Saskatchewan. Eyre tells us about her most controversial decisions and the types of cases she plans to work on. Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christi...

Episode 156: New docs show Pierre Trudeau was WARNED War Measures Act not necessary 21.10.2026

In Episode 156, we tell you about newly-uncovered documents that show Pierre Trudeau was warned he didn't need emergency powers during the October Crisis. Plus, we tell you about a case that will decide when employees need to turn over work chats. Stories and cases discussed in this week's episode: CCF to intervene in Binance case at Supreme Court to protect employee privacy (TheCCF.ca) Binance Ho...

Episode 156: Documents reveal Pierre Trudeau was WARNED War Measures Act not necessary 21.10.2026

In Episode 156, we tell you about newly-uncovered documents that show Pierre Trudeau was warned he didn't need emergency powers during the October Crisis. Plus, we tell you about a case that will decide when employees need to turn over work chats. Stories and cases discussed in this week's episode: CCF to intervene in Binance case at Supreme Court to protect employee privacy (TheCCF.ca) Binance Ho...

Episode 155: Supreme Court upholds lighter sentence for Aboriginal man who beat up Aboriginal girlfriend 14.10.2026

In Episode 155, we explain why the federal "no more pipelines" law was struck down by an Alberta court for the second time. Plus, we walk through a Supreme Court of Canada decision that upheld a light sentence given to an Aboriginal man who beat up his Aboriginal girlfriend. Stories and cases discussed in this week's episode: R. v. Cope, 2026 SCC 32 Alberta Court of Appeal says Ottawa's Impact Ass...

Episode 155: Supreme Court upholds lighter sentence for Aboriginal man who beat up Aboriginal girlfriend 14.10.2026

In Episode 155, we explain why the federal "no more pipelines" law was struck down by an Alberta court for the second time. Plus, we walk through a Supreme Court of Canada decision that upheld a light sentence given to an Aboriginal man who beat up his Aboriginal girlfriend. Stories and cases discussed in this week's episode: R. v. Cope, 2026 SCC 32 Alberta Court of Appeal says Ottawa's Impact Ass...

Episode 154: Tech Companies LEAVING Canada, and Do we have the Right to Deal Drugs? 07.10.2026

In Episode 154, Alexander and Christine discuss the consequences of the Lawful Access Act—even before the law is passed—and the British Columbia Supreme Court's reasons in the case of R v Kalicum, 2026 BCSC 1855 ; the so-called 'right to deal drugs' case. Stories and cases discussed in this week's episode: Toronto-based VPN provider plans to quit Canada over lawful-access bill (Globe & Mail) J...

Episode 153: Alberta journalist launches freedom of the press challenge after illegal hospitals ban 30.09.2026

In Episode 153, we tell you about our new freedom of the press case, supporting an independent journalist banned from Alberta Health Services property for trying to do his job. Plus, we update you on the latest developments in the Cowichan Tribes aboriginal title litigation. Stories and cases discussed in this week's episode: Montrose Properties appeals rejection to be party to Cowichan case (Rich...

Episode 152: Activist GUILTY of hate speech for 'gay zombies' flyers at Pride. Plus, Montreal BANS offending police. 23.09.2026

In Episode 152, we tell you about a new Montreal bylaw banning offensive speech directed at police and municipal employees. Plus, we dig into a new decision that found that the famous anti-gay-lifestyle activist Bill Whatcott guilty of criminal hate speech for his "gay zombies" flyer. Stories and cases discussed in this week's episode: R. v. Whatcott, 2026 ONSC 3605 (CanLii) Montreal city council...

Episode 151: B.C. doctor fined after refusing to give puberty blocking shot. Plus, no jail for Indigenous man who killed girl. 16.09.2026

In Episode 151, we tell you about the BC Human Rights Tribunal decision awarding $20,000 to a teen after a doctor refused to give a puberty blocker. Plus, we discuss a judge's decision to give no jailtime to an Indigenous man who killed a 12-year-old while driving 90 in a 50 km/h zone. Stories and cases discussed in this week's episode: GPS bracelet and house arrest for driver who killed 12-year-o...

Episode 150: Regulator warns realtor after he opposed closure of Joffre Lakes Park to non-Indigenous 09.09.2026

In Episode 150, we tell you about our new case involving a B.C. realtor who was warned he could be disciplined because he opposed the closure of Joffre Lakes Park to non-Indigenous. Plus, an Alberta court finds trustee who compared Pride to Nazis can't be forced to apologize. Stories and cases discussed in this week's episode: CCF warns B.C. regulator that censoring realtor’s political speech viol...

Episode 149: Did Hamilton's police or mayor violate the Dominion Society's Charter rights? 02.09.2026

In Episode 149, we discuss the constitutional problems with chasing the anti-immigrant group Dominion Society out of Hamilton, Ontario, and we explain Alberta's new dual practice model for doctors. Plus, we give our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: BC bar fined $3K after inspector offered ‘bump’ and confronted with knives (Kelowna Now) DomCon Continu...

Episode 148: Doug Ford wants Carney to CUT OFF Alberta's oil. Can he legally do that? 26.08.2026

In Episode 148, we discuss the constitutionality of Ontario Premier Doug Ford's proposal to block Alberta oil exports to the U.S. during the trade war. Plus, we discuss the U.S. demand for changes to the Online News Act and Online Streaming Act. Stories and cases discussed in this week's episode: Ex-Alberta premier Jason Kenney says oil needs to be on the table in US tariff war (The Canadian Press...

Episode 147: Illegal Freedom Convoy blacklist went to THOUSANDS. Plus, no right to bike lanes. 19.08.2026

In Episode 147, we do a deep dive into an Ontario Court of Appeal decision that found there is, in fact, no constitutional right to bike lines. Plus, we discuss the shocking revelation that the blacklist of Freedom Convoy participants was shared with thousands of people and institutions. Stories and cases discussed in this week's episode: Cycle Toronto v. Ontario (Attorney General), 2026 ONCA 582...

Episode 147: Illegal Freedom Convoy blacklist went to THOUSANDS. Plus, no right to bike lanes. 19.08.2026

In Episode 147, we do a deep dive into an Ontario Court of Appeal decision that found there is, in fact, no constitutional right to bike lines. Plus, we discuss the shocking revelation that the blacklist of Freedom Convoy participants was shared with thousands of people and institutions. Stories and cases discussed in this week's episode: Cycle Toronto v. Ontario (Attorney General), 2026 ONCA 582...

Episode 146 - No Campaigning in PARKS. Plus, To Swear or not to Swear (Allegiance)? 12.08.2026

In Episode 146, Alexander and Christine discuss the Town of Aylmer's extraordinarily broad restrictions on ordinary election campaigning, as well as a case on its way to the Supreme Court which asks whether requiring a lawyer to swear allegiance to the Crown violates the Charter. Stories and cases discussed in this week's episode: CCF Writes to Aylmer: Election Guidance Goes Too Far Restricting Po...

Episode 145: Teen challenges cruel denial of funding for surgery abroad. Plus, Edmonton Police snitch line. 05.08.2026

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 (TheCC...

Episode 144: Alberta Health Services BANS journalist just doing his job. Plus, protest leader faces terror charges. 29.07.2026

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...

Episode 143: Freedom Convoy organizer GUILTY of intimidation, could face longer sentence 22.07.2026

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 assau...

Episode 142: NO JAIL for Ontario man who repeatedly sexually abused sister from age 12 15.07.2026

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. On...

Episode 141: B.C. secretly negotiating to give away up to 11% of the province to tiny First Nation 08.07.2026

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...

Episode 140: Did Muskoka drag critic commit hate speech? Plus, HALF of criminal charges stayed or withdrawn. 30.06.2026

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 d...

Episode 139: Ancient remains could cost renovating Ontario couple $1 million. Plus, Carney's Supreme Court pick. 24.06.2026

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...

Episode 138: Did the government take taxi drivers' property? Plus, what happened in the Pride flag case. 17.06.2026

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 (City...

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