29 episodes
Beneath the Law Stories and Strategies
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- News
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.
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Greasy Harvey Weinstein’s Case Reversal
Weighing justice and prejudice in the Weinstein case reversal.In this episode, Gavin and Stephen explore the controversial overturning of Harvey Weinstein's conviction. They explore the nuanced and often polarizing landscape of legal standards, particularly focusing on the balance of evidence and the dangers of prejudicial character evidence in sexual assault cases. They discuss the implications of Weinstein's case on the #MeToo movement, the role of similar fact evidence, and how past behavi...
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The Democratic Dilemma of Judicial Selection
Judicial appointments spark controversy. In this episode, Gavin and Stephen dive into the contentious debate surrounding the political nature of judicial appointments in Ontario. They discuss Ontario Premier Ford's candid remarks on crime and bail, the inherent political process of selecting judges, and the criticisms leveled against this system. Addressing everything from the role of laypeople in judicial committees to the independence of the judiciary post-appointment, the hosts argue that ...
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Trump, 14th Amendment, and the Ballot Battle
It's a constitutional showdown. Gavin and Stephen discuss into the implications of the 14th Amendment of the U.S. Constitution, particularly in light of recent events including the January 6th riots and legal actions concerning former President Donald Trump. They explore the historical context and application of the amendment, especially Section 3, which pertains to insurrection and its consequences for political participation. The conversation also explores a recent legal decision from Color...
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Puck, Power, Prosecution: Canada’s Jr Hockey Scandal
Hockey, scandal, and the law.Gavin, Stephen, and guest Lad Kucis review a controversial case that’s made headlines across the Country. It involves former members of the Canadian World Junior Championship hockey team, now facing criminal charges for an alleged sexual assault that occurred six years prior. Amidst the legal discourse, the conversation critically examines the interplay between civil settlements and subsequent criminal proceedings, the impact on the accused players' careers, and t...
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Riding into Risk: A Legal Look at ATV Safety
An ATV, a tragic turn, and a court decision that changed everything.Hosts Gavin and Stephen, dive into the Ontario Court of Appeal's ruling on de Roche v McInnis. The case unravels the duty of care owed not just by drivers, but by vehicle owners, accentuating the utmost importance of insurance and proper training. They reflect on the broader implications for owners of recreational vehicles, the devastating consequences of negligence, and the workings of statutory interpretation, emphasizing t...
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Confidentiality vs. Transparency: The Supreme Court’s Stand on Mandate Letters
The Supreme Court of Canada has really stirred the pot this time. The issue is whether mandate letters should be subject to disclosure. Mandate letters are instructions or views given to cabinet ministers by the leader of a government. Sparked by CBC News' request for one collection of letters from 2018, the legal battle questioned their confidentiality. Ultimately, the Supreme Court reversed lower court rulings, emphasizing the importance of cabinet confidentiality for democracy and ef...