Not Reserving Judgment

10 Episodes
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By: 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.

Episode 83: Alberta bill makes separation EASIER. Plus what Carney means for unity, health and speech.
Yesterday at 8:28 PM

On Episode 83, we explain how Premier Smith just made Alberta separation easier, and discuss what to expect from PM Carney on healthcare, pipelines and free speech. Plus, our Bad Legal Takes including the dubious claim that land acknowledgements aren't political.

 

Stories and cases discussed in this week's episode:

 

Christine Van Geyn: Beware Liberal, NDP attacks on free expression (National Post)Premier Smith's letter to Trudeau over the Impact Assessment Act (Alberta.ca)Alberta sets groundwork for referendum day after Liberal election victory (Western Standard)Debbie’s Law clears second reading, promises greater acco...


Episode 82: Did the Liberals violate election law by planting MAGA buttons?
04/16/2025

On Episode 82, we consider whether the Liberals' misleading MAGA buttons violated election laws; we discuss what to expect from Mark Carney on civil liberties if he wins on April 28; and we explain our argument at the Supreme Court on the right to inter-provincial travel.

 

Stories and cases discussed in this week's episode:

 

Liberal operatives planted 'stop the steal' buttons at conservative conference (CBC News) Victory for Canadian Constitution Foundation: court strikes down election censorship law (The CCF)It’s time to end the sedition in Ottawa by enforcing the law and following the...


Episode 81: Why we're taking UBC to court for its political activity
04/08/2025

On Episode 81, we discuss why we're taking UBC to court for its political activity, we walk you through an Ontario Court of Appeal decision that found Ontario's COVID-19 protest ban violated peaceful assembly, and we explain why McGill is breaking with its student union.

 

Stories and cases discussed in this week's episode:

 

WARMINGTON: Why punish guy trying to free Sir John A. Macdonald from a box?McGill cuts contractual relationship with student union following pro-Palestinian protestUBC professors taking school to court over ’political’ actions by administrationCOVID-19 rules barring protests in 2021 were unconstitutional: Ontari...


Episode 80: Judge finds gov't owes NOTHING to family of teen who died after vaccine
04/02/2025

On Episode 80, we tell you about a new citizenship law on a Saskatchewan First Nation that would allow people to be banned based on 'maturity,' and we walk you through a decision that found the government owed no duty of care to a boy who died after the COVID-19 vaccine.

 

Stories and cases discussed in this week's episode:

 

Hartman v. Attorney General of Canada et al., 2025 ONSC 1831 (CanLII) Test case on First Nation's citizenship law (Blacklock's)Carney says he will not repeal Liberals' anti-pipeline Bill C-69 (Western Standard)Poilievre in Hamilton: Sa...


Episode 79: Why Poilievre didn't get a security clearance. Plus, can Carney tax oil exports?
03/26/2025

On Episode 79, we discuss why the NSICOP Act limits what Pierre Poilievre can say after he gets a security briefing, we tell you about the curious constitutional challenge to closing some of Ontario’s safe injection sites, and we consider the constitutionality of an export tax on oil.


Stories and cases discussed in this week's episode:


Carney refuses to rule out export taxes on Alberta oil or Sask uranium and potash against US (Western Standard)Protecting Vulnerable Social Infrastructure By-law (City of Vaughan)CSIS alleges India organized support for Poilievre’s 20...


Episode 78: B.C. premier's power grab, nurse DISCIPLINED for speech & hate charges in TO
03/19/2025

On Episode 78, we discuss the B.C. premier's apparent power grab (Bill 7); we explain why it was wrong to discipline B.C. nurse Amy Hamm for her off-duty speech about sex; and we tell you about hate crime charges in Toronto. Plus, our thoughts on Mahmoud Khalil's deportation.


Stories and cases discussed in this week's episode:


CCF to Premier Eby: Reconsider Bill 7’s Brazen Power GrabAmy Hamm: I spoke the truth about women's rights. That isn't professional misconduct (National Post)B.C. College of Nurses and Midwives v Amy Eileen Ha...


Episode 77: Ontario man must pay drag performers $380K for 'groomer' comments
03/13/2025

On Episode 77, we tell you why an Ontario man has to pay drag performers $380,000 for his 'groomer' comments, we discuss the constitutional limits of PM Carney's position, and we explain why the new election spending decision was not 'Canada's Citizen's United.'


Stories and cases discussed in this week's episode:


Man must pay $380K for ‘hate speech’ on his northern Ont. Facebook pageHoward Anglin: The constitutional limits on Carney’s powers as prime minister Top court finds Ontario spending limits on 3rd-party election ads unconstitutionalOntario (Attorney General) v. Working Families Coalit...


Episode 76: Ontario man WINS another chance to defend his naturalized garden in court
03/06/2025

On Episode 76, we explain what happened in an appeal of Mississauga's decision to mow down a man's naturalized garden; we update you on our Calgary anti-protest bylaw challenge; and we tell you about a teacher bragging about keeping kids from reading about Elon Musk.


Stories and cases discussed in this week's episode:


Ruck v. Mississauga (City), 2025 ONCA 147 (CanLII)Ruck v. City of Mississauga, 2024 ONSC 2579 (CanLII)Teacher-Librarian trashes Elon Musk bookOntario Court of Appeal sends decision on homeowner’s naturalized garden back to lower courtLegal challenge over Calgary's protest bylaw heads to...


Episode 75: Special update on Calgary battle over free expression
02/26/2025

In lieu of our regular programming this week, we're sharing Litigation Director Christine van Geyn's recap of yesterday's court hearing on the City of Calgary's ban on specified protests outside of recreational centres and libraries. We'll be back next week with a regular episode!


Episode 75: Calgary Protest Ban Court Update
02/26/2025

In lieu of our regular programming this week, we're sharing Litigation Director Christine van Geyn's recap of yesterday's court hearing on the City of Calgary's ban on specified protests outside of recreational centres and libraries. We'll be back next week with a regular episode!