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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?

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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?

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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.

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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?

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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.

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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?

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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 current fights over bike lanes and speed cameras pull courts into policy making.

They debate proposed “guardrails” such as supermajority requirements, argue that any real limits would need a formal constitutional amendment, and warn that frequent use could normalize section 33 and water down the Charter.

The result is a sharp, timely primer on how law, politics, and accountability collide when governments invoke the clause.

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1:20 Who gets the last word in Canada’s democracy, courts or parliament?

3:50 Why can’t the notwithstanding clause override voting rights under section 3?

6:01 Could bike lanes or speed camera rollbacks trigger Charter challenges on safety?

7:26 Why was section 33 created and how does the five year sunset tie to elections?

14:16 Should Canada add guardrails like a supermajority to use the notwithstanding clause?

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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 registry, to the doctrine of “squatter’s rights,” and how legal tactics and statutory interpretation shaped the surprising outcome.

With implications for public land use, municipal oversight, and homeowners who unknowingly benefit from historical quirks, this episode is a must-listen for anyone curious about how property law works… and sometimes doesn’t.

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1:27 What started the squatter’s rights case?
8:00 Why can’t you claim land under Land Titles?
13:16 How do squatter claims still happen?
17:03 Do cities need to watch all parkland?
22:09 Will this lead to more squatter cases?

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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 public safety initiative has morphed into what they argue is a taxpayer-funded surveillance scheme and revenue grab.

Touching on comparisons, legal rights, and political consequences, this episode offers a passionate and provocative critique of automated enforcement and raises pressing questions about the erosion of democratic protections under the guise of road safety.

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2:48 Machine Justice: The Speed Camera Deep Dive

5:18 The Illusion of Safety and the Real Agenda

8:22 Toronto’s $7 Million Speed Trap

15:04 No Appeal, No Problem: The Kafkaesque Review Process

30:33 What Did the Camera Ever Do?

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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 explore everything from potential civil liability to the dangers of ad hominem attacks in public dialogue.

Drawing parallels to the attempted Trump assassination and historic figures like Martin Luther King Jr., they raise urgent questions about whether we’re entering a new era where disagreeing isn't just controversial, it's life-threatening.

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:47 The Shocking Celebration of Death Online

2:47 The Death of Debate and Rise of Violence

13:09 Can the University Be Sued? Tort Law and the Shooting

25:22 Free Speech or Firing Offense? The Professor Controversy

32:56 Why Even the Guilty Deserve a Lawyer

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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 requirements can force a legal narrative.

Before you write that cheque—or accept it—listen in to learn how to avoid turning generosity into a courtroom battle.

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3:18 “Here’s $500K, No Strings… Right?”

8:33 “Meet Mr. K: The Case That Cracked a Family”

14:51 “Why Courts Hate Gifts”

22:16 “When the Milk Sours: How Litigation Begins”

27:20 “Family, Trust, and the Cost of Not Documenting”

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Gardiner Roberts website | Gavin email | Stephen email