
Hosted by Stories and Strategies · EN
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.
Winner of a 2026 Mondaq Thought Leadership Award, 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.

Send us Fan MailWhen judges become social engineers, democracy starts to wobble.Gavin and Stephen examine the Waterloo homeless encampment decision as a major example of courts moving beyond traditional Charter review and into the realm of public policy design. What began as a dispute over a municipal bylaw and a public parking lot becomes, in their view, a much larger warning about judicially engineered social outcomes, the constitutionalization of housing policy, the weakening of elected municipal authority, and the possibility that governments may increasingly respond with tools like the notwithstanding clause.Listen For:00:00 Is housing now a protected Charter right in Canada?7:15 Why did Waterloo lose the ability to clear a homeless encampment?13:11 Could this decision create new constitutional rights around housing and income?19:27 Are courts replacing elected governments in homelessness policy?30:41 Could the notwithstanding clause become the next battleground? Leave a rating/review for this podcast with one click Contact UsGardiner Roberts website | Gavin email | Stephen email

Send us Fan MailThe robot wrote the brief, but the lawyer pays the price.AI can draft a legal brief in seconds, but it can also torch a lawyer’s reputation just as fast. Gavin and Stephen take on the legal profession’s uneasy embrace of generative AI and the very real fallout from fake cases, invented quotations, and AI-drafted arguments making their way into court filings. What starts as a conversation about efficiency quickly becomes a warning about ethics, reputation, and responsibility. AI may be the newest tool in the legal toolbox, but every citation, authority, and argument filed with the court still belongs to the lawyer whose name is on the document. Use it carelessly, and the consequences can be brutal: wasted court time, harmed clients, personal cost awards, and a credibility hit that may never fully go away.Listen For:05:07 Why Are Courts Seeing So Many AI-Hallucinated Cases?10:25 How Risky Are Fake Quotes from Real Cases?17:00 Who Pays When Lawyers File Unchecked AI Briefs?21:18 Why Judges Can’t be the Last Line of Defence23:28 Can Fake AI Cases Undo an Entire Arbitral Award?25:54 How Can Lawyers Use AI Without Abdicating Judgment? Leave a rating/review for this podcast with one click Contact UsGardiner Roberts website | Gavin email | Stephen email

Send us Fan MailOne fake MBA. One real lawsuit. One unforgettable lesson. In this episode Gavin and Stephen dig into the Alberta employment case Tutor v. Accurate Screen Limited, where a senior business-development employee allegedly misrepresented his academic credentials, was fired for cause, found another job within months, and still sued for wrongful dismissal. They unpack why honesty is central to the employment relationship, how courts analyze just-cause terminations, why résumé fraud can destroy trust from the start, and why suing after being caught may be the boldest move of all. Along the way, they connect the case to broader employment-law principles, the difficulty of proving cause, the power imbalance courts recognize between employers and employees, and the growing challenge of fake credentials in an AI-driven world.Listen For:00:00 What happens when someone with a fake MBA sues for wrongful dismissal?2:42 Why did this Alberta résumé-fraud case become so surprising?7:16 Can lying about academic credentials justify termination for cause?13:16 How do burdens of proof work in employment-law dismissal cases?23:24 Does an employer have a duty to verify a candidate’s résumé?Leave a rating/review for this podcast with one click Contact UsGardiner Roberts website | Gavin email | Stephen email

Send us Fan MailA 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 questions. What begins as an acrimonious separation quickly escalates into a debate about privacy, voyeurism, and the limits of legal protection under the doctrine of absolute privilege. They explore whether lawyers can be held accountable for distributing deeply personal and arguably irrelevant material in court, and how the justice system balances open litigation with protecting individuals from harm. With sharp insights and candid commentary, this “spicy” episode dives into the intersection of family law, professional conduct, and privacy rights, leaving listeners questioning where legal immunity should end.Listen For:1:47 What is the doctrine of absolute privilege and how does it protect conduct in legal proceedings?7:36 Why did the first instance judge refuse to strike the claim against the lawyers?10:36 What makes this case so remarkable in terms of how the lawyers handled the evidence?16:52 Can opposing lawyers ever owe a duty of care to the other side in a lawsuit?19:48 Should personal cost awards against lawyers be the remedy when advocacy crosses the ethical line? Leave a rating/review for this podcast with one click Contact UsGardiner Roberts website | Gavin email | Stephen email

Send us Fan MailWhat 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 liability, and the duty to warn. Gavin Tighe and Stephen Thiele examine the horrific mass shooting in Tumbler Ridge, British Columbia where a shooter who had repeatedly told ChatGPT of their violent intentions killed eight people, including five children, and ask whether the company bears legal responsibility for its silence. Drawing on foundational principles of Canadian law, including reasonably foreseeable harm and duty of care, Gavin and Stephen explore whether AI platforms must be held to the same standards as the human professionals they increasingly seek to replace. From unauthorized practice of law to the collapse of solicitor-client privilege, this episode is essential listening for anyone navigating the brave new legal world of artificial intelligence.Listen For:3:30 What duty of care did ChatGPT owe the victims of the Tumbler Ridge shooting?5:39 How does AI's role as a virtual therapist create professional legal obligations?9:09 Why does basic tort law apply when a company has knowledge of foreseeable harm?11:22 What does the Westray Mines case reveal about corporate liability for inaction?17:04 How does using ChatGPT destroy solicitor-client privilege in Canadian litigation? Leave a rating/review for this podcast with one clickContact UsGardiner Roberts website | Gavin email | Stephen email

Send us Fan MailWhat 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: the Federal Court of Appeal's decision finding that Prime Minister Justin Trudeau's invocation of the Emergencies Act against the 2022 Freedom Convoy protest was unlawful. Gavin Tighe and Stephen Thiele dissect the court's rigorous analysis of the Charter of Rights and Freedoms, specifically the Section 2 protections for political speech and Section 8 protections against unreasonable search and seizure, and ask the harder question: when government wields extraordinary power and achieves its objectives, does a court ruling after the fact actually matter? Listen For:2:17 What qualifies as a true national emergency in Canada?5:43 Why was the Emergencies Act invoked during the Freedom Convoy protests?9:31 Why did the Federal Court rule the Emergencies Act was used improperly?17:31 Can the government freeze your bank account for supporting a protest?22:46 Should extreme government powers ever be used to stop civil disobedience? Leave a rating/review for this podcast with one clickContact UsGardiner Roberts website | Gavin email | Stephen email

Send us Fan MailIs 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 Snapchat, exploring whether these platforms are fueling a youth mental health crisis—and if governments and courts can do anything about it. From Australia’s sweeping ban on social media for children under 16 to Canada’s proposed legislation and billion-dollar lawsuits launched by school boards, the hosts unpack the evolving legal strategies, including the bold attempt to stretch the tort of public nuisance to cover digital harm. They question whether causation between social media and mental health struggles can truly be proven, compare the issue to tobacco litigation, and examine the added complexity of AI-driven algorithms and echo chambers. As technology accelerates beyond the reach of traditional regulation, this episode asks the pressing question: Can real-world laws meaningfully govern a borderless digital world? Listen For:1:40 How Has Social Media Changed Childhood Compared to Previous Generations?8:23 Is Social Media Driving a Mental Health Crisis Among Teens?9:55 What Are Governments Doing to Ban or Regulate Social Media for Children?14:29 Why Is the Toronto District School Board Suing Social Media Companies?21:41 Can Social Media Be Legally Defined as Addictive Like Tobacco? Leave a rating/review for this podcast with one click Contact UsGardiner Roberts website | Gavin email | Stephen email

Send us Fan MailCan 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. Through the case of Amarjeet Singh Dhariwal, a Canadian born Sikh lawyer who refused to swear allegiance to the Crown on religious grounds, the discussion explores how freedom of religion, the rule of law, and professional licensing collide. They examine why sincerity of belief mattered, how the Law Society of Alberta failed to justify the oath under the Charter, and what this ruling means for lawyers, regulators, and professional bodies across the country. Along the way, they raise deeper questions about tradition, citizenship, and whether symbolic rituals still have a place in modern legal practice. Listen For:01 Are religious convictions absolutely protected under the Canadian Charter?2:32 Can a professional oath be unconstitutional?5:30 Does being born in Canada change the obligation to swear allegiance?9:43 How do courts assess sincerity of religious belief?15:07 Why did Alberta lose the Charter challenge? Leave a rating/review for this podcast with one clickContact UsGardiner Roberts website | Gavin email | Stephen email

Send us Fan MailDid 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 permission, and without apology. Was it a bold act of justice or a dangerous display of unchecked power? Gavin and Stephen break down the legal, political, and historical implications of this high-stakes move, comparing it to past extractions like Noriega and Eichmann, while exploring the murky space between law and enforcement. This conversation challenges everything you thought you knew about sovereign immunity, presidential power, and what it really means to be “above the law.” Listen For:12 Can a superpower legally seize a foreign head of state? 2:54 Does international law mean anything without enforcement? 6:13 Has the US done this before and does precedent justify it? 9:14 Can a president claim sovereign immunity after indictment? 26:34 Is American military power a dangerous precedent for the world?Leave a rating/review for this podcast with one click Contact UsGardiner Roberts website | Gavin email | Stephen email

Send us Fan MailThis episode helped Gardiner Roberts win a Mondaq Thought Leadership Award in Spring 2026.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 Hockey League (OHL) game. The lawyers break down when on-ice actions like body checks, fights, or brutal slashes step outside the game’s rules…and into the courtroom. From historical NHL assaults to civil lawsuits and even potential criminal charges, this episode dives deep into the intersection between sports, consent, and the law. Whether you're a die-hard hockey fan or just intrigued by legal grey zones, this discussion will make you rethink what it really means to "play the game." Listen For5:44 Can a Hockey Stick Become a Criminal Weapon?8:47 How Do Consent and Rules Impact Legal Liability?11:34 Should Pro Athletes Be Exempt from Criminal Charges?18:19 What Civil Lawsuits Can Arise from On-Ice Injuries? Leave a rating/review for this podcast with one click Contact UsGardiner Roberts website | Gavin email | Stephen email