Not Reserving Judgment

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.

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.

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.

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.

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.

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.

In Episode 135, we take a deep dive into an decision that says Waterloo Region can't tear down a homeless encampment to build a transit hub because that would violate the rights to life, liberty, security of the person and equality. Plus, Alberta to hold a referendum on a referendum. Stories and cases discussed in this week's episode: Premier Doug Ford could use notwithstanding clause on Waterloo Region’s encampment ruling (CTV News) Dear Albertans, here’s what you need to know about the Clarity Act (National Post) Belgian court convicts nationalist activist for lecture that would be protected in the US (Brussels Signal) Stratford's 'Strong Mayors' challenge hinges on three main arguments (Stratford Beacon Herald) 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 134, we tell you about a BC Human Rights Tribunal decision that finds holding the classical liberal view on DEI is not a protected political view, unlike socialism. Plus, we discuss the newly-created tort of intimidate partner violence. Stories and cases discussed in this week's episode: Gordon v. Simon Fraser University, 2026 BCHRT 101 (BCHRT) Ahluwalia v. Ahluwalia (Supreme Court of Canada) Should family violence be it's own new tort? A debate! (Canadian Justice) For intervenors in SCC case, the implications of a new tort of family violence are far-reaching (Canadian Lawyer) Sign our Bill C-22 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 133, we explain why Kelowna can move ahead with its petition to rein in Freedom Rally protesters and we discuss an Edmonton Police pilot project using bodycams and facial recognition software. Plus, we share our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Kelowna (City) v Lindsay, 2026 BCSC 842 ( CanLii ) City of Kelowna wins court battle to proceed with injunction against COVID rallies ( Castanet ) Edmonton police emails, documents provide new information on Canada-first AI facial recognition bodycam pilot ( CBC News ) Canada gave citizenship to a terrorist. Revoking it has been ‘ridiculously’ slow ( Global News ) CCF to intervene in Supreme Court case defending online reviews as free expression ( 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 132, we tell you what conservatives and libertarians are clashing over at the Canada Strong and Free conference in Ottawa. Plus, we tell you about our latest victory on the free speech front. Stories and cases discussed in this week's episode: CCF Victory: South Bruce Peninsula, Ontario reverses unconstitutional protest ban (TheCCF.ca) CCLA Condemns Ontario’s Expansion of Arrest Powers to Transit Special Constables (CCLA) Explainer: Bill C-22 increases risk of surveillance state, government spying (TheCCF.ca) SCOOP: Jen Gerson: Elections Alberta's massive failure could have put people in danger. I tried to warn them. (The Line) Pierre Poilievre urges conservatives to keep fighting in networking conference speech (CTV 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 131, we discuss whether the University of Lethbridge's banishment of Professor Frances Widdowson violated the right to freedom of expression, and we tell you about a Nova Scotia law that bans naming kids who died in care. Plus, our Bad Legal Takes of the Week. Stories and cases discussed in this week's episode: Bill that shields identity of children in care even after death receives royal assent (CBC News) FAQ on Free Speech in Canada (TheCCF.ca) Response to Media (University of Lethbridge) Cancelling talk breached Charter freedoms, controversial academic argues in court (CBC News) Disrobing the Aboriginal Stalinists on a Canadian Campus (Minding the Campus) Into Wokism’s Raging Maw: Frances Widdowson at the University of Lethbridge (C2C Journal) Disrobing the Aboriginal Industry (McGill University Press) 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.