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Not Reserving Judgment

Canadian Constitution Foundation

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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Wednesday · 26 min
Episode 157: Why firearms owners are challenging the Carney government at the Supreme Court of Canada
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 issue because of wait times (TheCCF.ca) Firearms Variants Prohibition (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.
October 28 · 1 hr 3 min
Meet the newest member of freedom's legal team, former Attorney General Bronwyn Eyre
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 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.
October 21 · 34 min
Episode 156: New docs show Pierre Trudeau was WARNED War Measures Act not necessary
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 Holdings Limited v. Ontario Securities Commission, 2025 ONCA 751 Supreme Court to Announce Whether It Will Hear Emergencies Act Appeal (TheCCF.ca) Fifty-six years ago, Pierre Trudeau invoked the War Measures Act. He was more hesitant than many think (The Globe and Mail) 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.
October 21 · 34 min
Episode 156: Documents reveal Pierre Trudeau was WARNED War Measures Act not necessary
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 Holdings Limited v. Ontario Securities Commission, 2025 ONCA 751 Supreme Court to Announce Whether It Will Hear Emergencies Act Appeal (TheCCF.ca) Fifty-six years ago, Pierre Trudeau invoked the War Measures Act. He was more hesitant than many think (The Globe and Mail) 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.
October 14 · 33 min
Episode 155: Supreme Court upholds lighter sentence for Aboriginal man who beat up Aboriginal girlfriend
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 Assessment Act is still unconstitutional (Global News) Reference re Impact Assessment Act, 2026 ABCA 320 Sentence tossed after man killed in 2021 "speaks" in AI video shown in Arizona court (CBS News) Court Again Finds Federal “No More Pipelines” Law Unconstitutional (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.
October 14 · 33 min
Episode 155: Supreme Court upholds lighter sentence for Aboriginal man who beat up Aboriginal girlfriend
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 Assessment Act is still unconstitutional (Global News) Reference re Impact Assessment Act, 2026 ABCA 320 Sentence tossed after man killed in 2021 "speaks" in AI video shown in Arizona court (CBS News) Court Again Finds Federal “No More Pipelines” Law Unconstitutional (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.
October 7 · 35 min
Episode 154: Tech Companies LEAVING Canada, and Do we have the Right to Deal Drugs?
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) Judge tosses drug trafficking convictions for B.C. compassion club founders after constitutional challenge (CBC 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.
September 30 · 28 min
Episode 153: Alberta journalist launches freedom of the press challenge after illegal hospitals ban
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 (Richmond News) Indigenous title ruling could trigger total real estate collapse (Juno News) CCF challenges province-wide ban on journalist entering Alberta Health Services property (TheCCF.ca) Judge tosses drug trafficking convictions for B.C. compassion club founders after constitutional challenge (CBC News) If the BC Conservatives win, Doerkson's status as premier could be challenged in court: Sharma (Business in Vancouver) 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.
September 23 · 35 min
Episode 152: Activist GUILTY of hate speech for 'gay zombies' flyers at Pride. Plus, Montreal BANS offending police.
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 adopts bylaw banning insults against police, municipal employees (CBC News) Jamie Sarkonak: N.B. judge invents the Aboriginal right to be represented by an elder in court (National Post) Anti-gay crusader with Sask. ties guilty of promoting hatred at Toronto pride parade (Star Phoenix) 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.
September 16 · 25 min
Episode 151: B.C. doctor fined after refusing to give puberty blocking shot. Plus, no jail for Indigenous man who killed girl.
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-old (The Brantford Expositor) Child Q v. Ajaero (No. 2), 2026 BCHRT 189 B.C. doctor fined $28,000 for refusing to inject trans-identifying teen with puberty blocker (National Post) Petition to the Government of Canada e-7621 (OurCommons.ca) Trial for Windsor man arrested for skating with protest sign adjourned to November (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.
September 9 · 41 min
Episode 150: Regulator warns realtor after he opposed closure of Joffre Lakes Park to non-Indigenous
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 violates Charter (The CCF) ABCA: Former school board trustee does not have to apologize for meme showing swastika, pride flags (Canadian Lawyer) Alberta Health Services v Pawlowski, 2021 ABCA 392 (CanLii) Province announces 2026 closure dates for Joffre Lakes Park (Castanet) How different would Lindsay Clancy’s murder trial look if it happened in Canada? (CBC 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.
September 2 · 31 min
Episode 149: Did Hamilton's police or mayor violate the Dominion Society's Charter rights?
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 Continues to Search for Hamilton Venue (Hamilton Police) Hamilton police join call for venues to 'consider the impact' of hosting anti-immigration group Saturday (CBC News) Ontario should join Alberta in challenging the Canada Health Act (The Hub) Ontario Liberal leadership candidate vows to make health care more ‘competitive’ (Global News) CAQ touts private-sector health care as PQ maintains poll lead (Global News) Mayor Andrea Horwath's letter about Dominion Society (WiretapMediaCa on X) Health-care groups call on Ottawa to stop Alberta’s dual medical practice model (CBC 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.
August 26 · 29 min
Episode 148: Doug Ford wants Carney to CUT OFF Alberta's oil. Can he legally do that?
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) Ford calling again to block oil, potash exports to U.S. in trade war gets cold response (National Post) Ontario premier wants Canada to withhold oil exports to the U.S. | Edmonton Journal (Edmonton Journal) Re: Exported Natural Gas Tax, [1982] 1 SCR 1004 How Canadian content on streaming platforms became a trade issue with the U.S. (CBC 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.
August 19 · 37 min
Episode 147: Illegal Freedom Convoy blacklist went to THOUSANDS. Plus, no right to bike lanes.
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 (Ontario Court of Appeal) Blacklist Went To Thousands (Blacklock's) Court of Appeal Sides with CCF Arguments in Bike Lanes Charter Fight (TheCCF.ca) Proposal for Arday’s Law: a limit to articles published on one person within a timeframe. (Change.Org) 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.
August 19 · 37 min
Episode 147: Illegal Freedom Convoy blacklist went to THOUSANDS. Plus, no right to bike lanes.
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 (Ontario Court of Appeal) Blacklist Went To Thousands (Blacklock's) Court of Appeal Sides with CCF Arguments in Bike Lanes Charter Fight (TheCCF.ca) Proposal for Arday’s Law: a limit to articles published on one person within a timeframe. (Change.Org) 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.
August 12 · 33 min
Episode 146 - No Campaigning in PARKS. Plus, To Swear or not to Swear (Allegiance)?
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 Political Speech Supreme Court of Canada to hear case on constitutionality of requiring oath to the Crown 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.
August 5 · 25 min
Episode 145: Teen challenges cruel denial of funding for surgery abroad. Plus, Edmonton Police snitch line.
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.
July 29 · 25 min
Episode 144: Alberta Health Services BANS journalist just doing his job. Plus, protest leader faces terror charges.
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.
July 22 · 41 min
Episode 143: Freedom Convoy organizer GUILTY of intimidation, could face longer sentence
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.
July 15 · 34 min
Episode 142: NO JAIL for Ontario man who repeatedly sexually abused sister from age 12
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.

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