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Beneath the Law

Beneath the Law

著者: Stories and Strategies
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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.

© 2025 Beneath the Law
政治・政府 政治学 経済学
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  • Who Has the Rights to Your Voice on a Podcast?
    2025/12/09

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    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.

    In a world where anyone with a mic and Wi-Fi can become a broadcaster, the legal framework hasn’t caught up…and that’s a problem.

    From defamation and moral rights to regulating cross-border content, this episode explores how the Wild West of digital media is clashing with legacy laws, and why even the simplest podcast might require a legal contract.

    It's a sharp, witty, and timely discussion that will leave creators, lawyers, and listeners questioning: just who owns the content we consume and create?

    Listen For

    2:24 How has podcasting given everyone a voice compared to traditional media?

    4:17 How big is the podcast industry and who’s listening in Canada and globally?

    7:41 Can podcasting be regulated by agencies like the CRTC?

    10:53 Do guests have copyright ownership over their podcast appearances?

    19:45 What happens when AI is used to fake or manipulate a podcast guest’s voice?

    Leave a rating/review for this podcast with one click

    Contact Us

    Gardiner Roberts website | Gavin email | Stephen email

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    31 分
  • Who Really Decides an Election When One Ballot Goes Missing?
    2025/11/25

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    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 on their own high-profile experience in the Opitz v. Wrzesnewskyj Supreme Court case, Gavin and Stephen debate voter disenfranchisement, electoral integrity, and whether democracy should aim for perfection or just “good enough.”

    They explore the fragile balance between procedural error and intentional fraud, the role of Canada Post in protecting electoral rights, and whether a single mistake should or should not invalidate an entire election.


    Listen For

    1:32 What happens when an election is won by just one vote?

    6:40 Should a rejected mail-in ballot count if it was the government's error?

    10:35 Is the right to vote dependent on voter diligence?

    17:00 Can you ever truly “redo” an election?

    22:56 Did the Supreme Court's Opitz ruling get misinterpreted in this case?

    Leave a rating/review for this podcast with one click

    Contact Us

    Gardiner Roberts website | Gavin email | Stephen email

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    27 分
  • When Does a Mandatory Minimum Sentence Become Unconstitutional?
    2025/11/11

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    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

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    29 分
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