49 episodes

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.

Not Reserving Judgment Canadian Constitution Foundation

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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.

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

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

    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! (https://theccf.ca/nrjsurvey/)*Stories and cases discussed in this week's episode:* Edmonton Police Commission passes more restrictive rules for public presentations at meetings (https://edmontonjournal.com/news/crime/edmonton-police-commission-public-comment-changes)* City councillor speaks out after Edmonton Police Commission refuses to release EPS audit plan (https://edmontonjournal.com/news/politics/keren-tang-edmonton-police-commission-audit)* Edmonton Police Commission briefing note on meeting procedures (https://edmontonpolicecommission.com/wp-content/uploads/2024/07/5.4.1.1-Meeting-Procedures-Revisions-%E2%80%93-Input-from-the-Public.pdf)* Canada (Attorney General) v. Power* CCF pleased by SCC ruling no absolute immunity from damages for Charter-violating laws (https://theccf.ca/ccf-pleased-by-scc-ruling-no-absolute-immunity-from-damages-for-charter-violating-laws/)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.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. (https://theccf.ca/donate/)

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

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

    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! (https://theccf.ca/nrjsurvey/)*Stories and cases discussed in this week's episode:* Legal bodies shouldn’t accept claims of vaccine safety without evidence, B.C. panel finds (https://tnc.news/2024/07/10/legal-bodies-claims-vaccine-safety/)* 'Safe for now': Sask. and feds press pause on $28M carbon tax payment in out-of-court deal (https://leaderpost.com/news/saskatchewan/province-says-out-of-court-talks-pause-sask-carbon-tax-collection-by-feds)* Winnipeg lawyer gets 6-month suspension for punching student in groin, disciplinary panel rules (https://www.cbc.ca/news/canada/manitoba/winnipeg-lawyer-suspension-punching-student-1.7263956)* Justice minister deletes capital gains video that contained inaccurate information (https://www.cbc.ca/news/politics/minister-innaccurate-video-capital-gains-1.7265510)* Josh Dehaas: Two months to live, but a three-month wait to see a doctor (https://www.readtheline.ca/p/josh-dehaas-two-months-to-live-but)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.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. (https://theccf.ca/donate/)

    • 47 min
    Episode 46: Brewing constitutional crisis, gardens as expression & Jamal recuses

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

    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! (https://theccf.ca/nrjsurvey/)*Stories and cases discussed in this week's episode:* Queer rights are in danger in Canada. Pierre Poilievre owns some of the blame (https://www.thestar.com/opinion/contributors/queer-rights-are-in-danger-in-canada-pierre-poilievre-owns-some-of-the-blame/article_4704f472-3b08-11ef-9162-f325f25bdb13.html)* Should the Senate block the notwithstanding clause? (https://paulwells.substack.com/p/should-the-senate-block-the-notwithstanding)* Howard Anglin and Ray Pennings: Canada is careening towards a constitutional crisis in the Senate (https://thehub.ca/2024/05/14/howard-anglin-and-ray-pennings-canada-is-careening-towards-a-constitutional-crisis/)* Ruck v. City of Mississauga, 2024 ONSC 2579 (CanLII) (https://canlii.ca/t/k4fd6)* The gardener who took a Canadian city to court for the right to not mow his lawn (https://www.theguardian.com/environment/article/2024/jun/21/the-gardener-who-took-a-canadian-city-to-court-for-the-right-to-not-mow-his-lawn)* Brittlestar video on the LCBO (https://x.com/brittlestar/status/1809329285590610278)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.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. (https://theccf.ca/donate/)

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

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

    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 (https://supremeadvocacy.ca/2023/11/22/asleep-at-the-wheel-reasonable-expectation-privacy/)* R v Singer, 2023 SKCA 123 (CanLII) (https://canlii.ca/t/k1679)* City of Quesnel seeks to dismiss mayor's lawsuit over censuring (https://www.cbc.ca/news/canada/british-columbia/quesnel-mayor-petition-response-1.7251185)* Quesnel city council condemns controversial residential school book distributed by mayor's wife (Quesnel%20city%20council%20condemns%20controversial%20residential%20school%20book%20distributed%20by%20mayor's%20wife)* Possible Censure and Sanctions for Mayor Paull (https://quesnel.civicweb.net/FileStorage/8D7A3578F5B243F7A750167DC3AA57F3-Mayor%20Paull%20Censure%20final%20report.pdf)* Is it end days for the U of T encampment? I think so, injunction or not. (https://www.christinevangeyn.ca/post/is-it-end-days-for-the-u-of-t-encampment-i-think-so-injunction-or-not)* Demonstrators take down some tents at U of T encampment, plan rally ahead of deadline (https://toronto.ctvnews.ca/police-say-they-will-enforce-judge-s-order-that-u-of-t-encampment-must-come-down-1.6949293)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.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. (https://theccf.ca/donate/)

    • 52 min
    Episode 44: Shocking posts from Trudeau-appointee charged with policing YOUR speech

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

    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 Articles Comparing Israelis to Nazis, Called for Israel Boycott (Michael Geist) (https://www.michaelgeist.ca/2024/06/government-appoints-new-chief-of-canadian-human-rights-commission-who-linked-to-articles-comparing-israelis-to-nazis-called-for-israel-boycott-and-shared-platform-with-banned-organization/)* Oil and gas industry making risky play in response to greenwashing law: experts (https://financialpost.com/commodities/energy/oil-gas/oil-and-gas-industry-making-risky-play-in-response-to-greenwashing-law-experts)* Alberta government calls bill about backing up environmental claims an 'agenda to create chaos' (https://www.cbc.ca/news/canada/calgary/pathways-alliance-bill-c59-oilsands-1.7241078)* Pathways Alliance oilsands group removes all website content as Bill C-59 receives major industry pushback (https://calgaryherald.com/business/energy/pathways-alliance-oilsands-group-removes-all-website-social-media-content-2)* Parents sue after St. Paul's Hospital transfers daughter to hospice for assisted death (https://vancouversun.com/news/local-news/parents-sue-vancouver-st-pauls-hospital-transferring-daughter-hospice-assisted-death-maid)* Transgender woman refused leg wax by Windsor, Ont., salon awarded $35K by human rights tribunal (https://www.cbc.ca/news/canada/windsor/windsor-indigenous-transgender-woman-ontario-human-rights-tribunal-1.7241047)* Canadians are inconvenienced and annoyed, but let’s be clear, you haven’t lost your freedom (https://www.thestar.com/opinion/contributors/canadians-are-inconvenienced-and-annoyed-but-lets-be-clear-you-havent-lost-your-freedom/article_ceb57346-2d7b-11ef-b4fd-5b66c57ee3d9.html)Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.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. (https://theccf.ca/donate/)

    • 39 min
    Episode 43: U of T asks judge to end to pro-Palestinian encampment. Will they win?

    Episode 43: U of T asks judge to end to pro-Palestinian encampment. Will they win?

    On Episode 43, we give a full recap of the hearing at which the University of Toronto requested an injunction to have the People's Circle for Palestine encampment removed. We dig into whether the issues including whether the Charter applies, freedom of speech and trespass.Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.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. (https://theccf.ca/donate/)

    • 1 hr

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