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
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.
But here's the twist: a mail-in ballot that could have tied the race was rejected due to a postal code error, an error made not by the voter, but by an Elections Canada official.
Drawing o...
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 ...
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 constitutional rights with parliamentary supremacy and a five year sunset.
Using Quebec’s secularism law as a live test case, they explain why some rights like voting cannot be overridden and how curr...
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 gained legal ownership of 3,600 square feet of municipal parkland through adverse possession.
They break down the complexities of Ontario’s real property laws, from the nuances of the land title system versus re...
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 justice, privacy, and public policy.
From discussing the opaque review process to sharing personal anecdotes of fines issued without due process, the duo explores how what began as a publi...
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 implications for free speech, civil discourse, and the rule of law.
They examine the reaction to Kirk's death, from public celebrations to university professors facing consequences for online comments and e...
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 bomb?
Using a fascinating case as their backdrop, they unravel the legal complexity behind intergenerational transfers of wealth, gift letters, resulting trusts, and how mortgage requirement...
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 derailed two high-profile careers.
With sharp legal insight and a touch of dry humour, they explore the complex web of privacy rights, defamation claims, employment law, and the darker side of public voye...
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 unpacks the Diddy trial through a legal lens, comparing the celebrity-driven U.S. justice system to Canadian standards.
They explore how RICO charges — originally designed for organized crime — were controv...
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 to legal chaos.
They explore how landlocked lots, easements, bad behavior, and skyrocketing property values fuel some of the most bitter legal fights — and why even the nicest people can tur...
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 groundbreaking class action lawsuit against gun manufacturer Smith & Wesson.
Framed by the tragic 2018 Danforth shooting in Toronto, the conversation explores the dramatic rise in gun violence, t...
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 Lawsuits Against Public Participation) legislation.
They unpack the David-and-Goliath dynamics between a large developer and a university student who dared to speak up about potential code vio...
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 timet injunction to prevent unpermitted St. Paddy's Day gatherings.
What starts as a lighthearted banter about Guinness and green garb quickly dives into deeper waters: civil liberties, th...
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.
From the controversy over supervised injection sites to the latest showdown over Toronto’s bike lanes, the duo critiques court decisions that override elected governments’ social policies.
Th...
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 and beyond.
They unpack a shocking case from Milton where a tenant secretly turned a landlord’s home into an illegal Airbnb operation—complete with unauthorized renovations and fire code violations—then ...
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 controversial court injunction that temporarily blocked the government's plan to convert supervised injection sites into rehab-focused "hubs." But in a twist worthy of a legal thriller, it tu...
Ever been sued for making it rain? In this thought-provoking episode of Beneath the Law, Gavin Tighe and Stephen Thiele dive into the murky waters of vexatious litigants—those who weaponize the justice system for personal vendettas, harassing opponents with endless, frivolous lawsuits.
From gladiator references to baby stroller briefcases, they unpack real-world cases, including a wild Ontario saga involving 13 lawsu...
Have former US President Donald Trump’s legal battles exposed biases within the Us judicial system?
How do you think the election of judges affects their impartiality and the perception of justice in the US?
How does public confidence in the judiciary impact the overall health of a democracy?
In this episode, Gavin and Stephen would argue YES to all of the above. And they argue the American judicial system may not survi...
In this episode we’re unwrapping the tale of the Banker’s Sandwich Scandal.
You might have read the headlines. Szabolcs Fekete, a financial crime expert at Citibank was fired by the bank after claiming a two-sandwich lunch on expenses. He’d claimed he ate one sandwich for lunch then ate the second for dinner.
But under closer scrutiny he admitted he had travelled with a partner and the second sandwich was for them.
But...
In this episode Gavin and Stephen discuss the recent decision by the federal court on the challenge to the constitutionality and legality of the federal government's decision to invoke the Emergencies Act in response to the trucker convoy protest in Canada.
They argue the protest was non-violent and did not pose a threat to the security of Canada, making the use of the Emergencies Act unreasonable and ultra vire...
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