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.
Episodes
65 episodes
Absolute Privilege or Absolute Overreach: The Sex Tape That Broke Litigation Immunity
A hidden camera, a secret recording, and a courtroom showdown. Stephen Thiele and Gavin Tighe unpack a shocking case where a surreptitious sex tape made its way into a family law proceeding, raising serious legal and ethical questio...
The Tumbler Ridge Tragedy: Is AI Above the Law?
What happens when a technology designed to serve humanity becomes complicit in its destruction? This episode confronts one of the most unsettling legal frontiers of our time: the intersection of artificial intelligence, tort liabili...
Can Government Declare an Emergency to Silence Dissent?
What happens when a government turns its most powerful emergency legislation against its own citizens for honking horns? This episode examines one of the most consequential constitutional rulings in recent Canadian legal history: th...
Is Big Tech Responsible for a Youth Mental Health Crisis?
Is social media the new Big Tobacco or is it simply the price of living in a hyper connected world? Gavin Tighe and Stephen Thiele dive into the mounting legal and societal backlash against social media giants like Meta, TikTok, and...
Can Religion Overrule the Rule of Law?
Can a single oath determine who gets to practise law in Canada? Gavin Tighe and Stephen Thiele unpack a fascinating Alberta Court of Appeal decision that struck down a mandatory oath of allegiance for lawyers as unconstitutional.&nb...
Trump Ordered It…But Was Maduro’s Arrest Legal?
Did Trump just rewrite the rules of international law by capturing Nicolás Maduro? Gavin Tighe and Stephen Thiele unpack the shocking U.S. operation that saw the arrest of Venezuela’s controversial leader…without war, without permis...
He Shoots, He’s Charged? How Far Is Too Far in Contact Sports
What happens when a hockey hit crosses the line from rough play to criminal assault?Gavin Tighe and Stephen Thiele unpack the legal chaos surrounding violence in hockey, sparked by a shocking stick attack in a recent Ontario Hoc...
Should Lawyers be Licensed without Passing the Bar Exam?
If becoming a lawyer no longer requires proving what you know, what does the profession really stand for? Gavin Tighe and Stephen Thiele take on the Law Society of Ontario’s proposal to scrap bar exams in favor of a trainin...
Who Has the Rights to Your Voice on a Podcast?
Who owns your voice once it's out there? Gavin Tighe and Stephen Thiele dive headfirst into the legal grey zone of podcasting, exposing the tangled web of copyright, guest rights, AI risks, and international enforcement.
Who Really Decides an Election When One Ballot Goes Missing?
What happens when one vote decides an election and that vote never makes it to the ballot box? Gavin and Stephen dive deep into a razor-thin electoral result in Terrebonne, Quebec, where a federal seat was won by a single vote. ...
When Does a Mandatory Minimum Sentence Become Unconstitutional?
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 str...
What are Canada's NOTWITHSTANDING Clause Limitations?
Who gets the last word in Canada’s democracy: judges or elected lawmakers? Gavin Tighe and Stephen Thiele unpack the politics and law of the notwithstanding clause, tracing its 1982 origins as a grand bargain that paired co...
How a Fence Won 3,600 Square Feet from the City of Toronto
Can someone really steal land just by building a fence around it? Gavin Tighe and Stephen Thiele dissect a controversial Supreme Court of Canada decision in Koki v. City of Toronto, where a private homeowner gaine...
Freedom or Fraud? The Real Cost of Speed Cameras
What if your next speeding ticket came from a machine you can’t question, can’t confront, and can’t appeal?Gavin Tighe and Stephen Thiele take aim at Toronto's controversial speed camera program, dissecting its implications for ju...
Who is Legally Responsible for Charlie Kirk’s Death?
What happens when debate dies and violence takes its place? In this episode of Beneath the Law, Gavin Tighe and Stephen Thiele examine the shocking assassination of Charlie Kirk in Utah, unpacking its chilling implic...
The Law Behind Family Money and Real Estate
Is it a gift—or a $500,000 mistake? Gavin Tighe and Stephen Thiele examine one of the thorniest issues in today’s overheated real estate market: when parents help their kids buy a home, is it really a gift? Or a ticking legal time b...
Cold Play… Legal Hot Mess
What happens when a private moment becomes a global spectacle? In this episode of Beneath the Law, Gavin Tighe and Stephen Thiele break down the infamous “Coldplay kiss cam” scandal that captivated the internet and deraile...
Diddy’s Downfall: Fame on Trial
Is fame the ultimate shield from justice? Gavin Tighe and Stephen Thiele dive deep into the sensational and disturbing criminal case against music mogul Sean “Diddy” Combs. Prompted by a listener’s request, the duo unpac...
Easements, Entitlements, and Enemies
What happens when neighborly charm turns into a courtroom showdown over driveways, fences, and junk piles? Gavin Tighe and Stephen Thiele dive into a thorny Ontario neighbor dispute that spiraled from idyllic cottage country peace t...
Trigger Warning: Canada's Gun Problem
Is Canada really safer from gun violence—or just legally blind to the problem? Gavin Tighe and Stephen Thiele dive deep into Canada’s hidden handgun crisis, the porous border with the U.S., and the legal implications of a g...
SLAPP Battles in the 6ix
What happens when a 24-year-old student takes on a powerful developer—and wins? Gavin Tighe and Stephen Thiele dig into Sheridan Retail Inc. v. Roy, a landmark Ontario case that captures the very essence of anti-SLAPP (Strategic Law...
Can a CITY SHUT DOWN Wild St Paddy's Parties?
Are city crackdowns on St. Patrick’s Day parties really about public order—or about squashing a good time? Gavin Tighe and Stephen Thiele tackle the curious case of Waterloo v. Persons Unknown, where the city sought a rare quia time...
Toronto’s Bike Lanes Constitutional Crisis
Are we stretching the Canadian Charter to cover bike lanes and park encampments?Gavin Tighe and Stephen Thiele dive into a fiery debate on the limits of judicial activism and the clash between democracy and constitutional rights...
The Airbnb Tenant from Hell
Imagine your peaceful cottage weekend being hijacked by Airbnb party animals.In this episode of Beneath the Law, Gavin Tighe and Stephen Thiele dive into the legal and ethical quagmire of short-term rentals in Ontario a...
The Needle and the Law: Who’s Really Protected?
Is our approach to drug addiction helping or hurting our cities? Gavin and Stephen tackle one of the most controversial issues in modern urban life: safe injection sites and the opioid crisis. The duo breaks down a contr...