Beneath the Law
If “No One is Above the Law,” then everyone is beneath it. Beneath the Law is a frank discussion between two lawyers who have lived and breathed the legal system in Canada for over 30 years.
In this podcast hosts Stephen Thiele and Gavin Tighe of Gardiner Roberts, examine the arguments made in some highly contentious, and public cases, with a focus on the intersection between law and politics and where courtrooms become part of the political arena. In each episode Beneath the Law digs into interesting and current legal topics or legal battles and provides insight and commentary on the law and its application in our society.
Law is at its core the expression of the fundamental framework of any organized society – it is the fine print of the social contract. Courts play a fundamental role in any democracy, getting underneath the surface and beneath the law requires an understanding of not only what courts are doing but why.
Beneath the Law
When Does a Mandatory Minimum Sentence Become Unconstitutional?
Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.
What happens when a law meant to protect society’s most vulnerable ends up protecting the predators instead?
Gavin Tighe and Stephen Thiele tackle one of the most emotionally charged Supreme Court decisions in recent memory: the striking down of mandatory minimum sentences for child pornography possession.
With characteristic clarity and sharp legal insight, the hosts unpack the shocking facts of the Seville and Naud case, the controversial use of hypotheticals by the court, and how this ruling could shift Canadian politics and legislation.
Along the way, they explore the tension between sentencing discretion and public outrage, the use and misuse of the notwithstanding clause, and what this decision reveals about deeper flaws in the criminal code.
Listen For
00:00 Why did the Supreme Court of Canada strike down mandatory minimums for child porn cases?
5:48 What were the shocking facts of the Ville and Naud cases?
12:14 How did a hypothetical involving teens change the outcome of a child porn sentencing case?
20:02 Is the law flawed, or is judicial discretion the real issue?
25:22 Could this ruling spark a political storm over the notwithstanding clause?
Watch For
Leave a rating/review for this podcast with one click
Contact Us
Gardiner Roberts website | Gavin email | Stephen email
Podcasts we love
Check out these other fine podcasts recommended by us, not an algorithm.
