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Beneath the Law

Beneath the Law

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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.

© 2026 Beneath the Law
Economie Politique et gouvernement Sciences politiques
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    Épisodes
    • Is Big Tech Responsible for a Youth Mental Health Crisis?
      Feb 17 2026

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      Is 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?

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      Gardiner Roberts website | Gavin email | Stephen email

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      33 min
    • Can Religion Overrule the Rule of Law?
      Feb 3 2026

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      Can 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?

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      Contact Us

      Gardiner Roberts website | Gavin email | Stephen email

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      28 min
    • Trump Ordered It…But Was Maduro’s Arrest Legal?
      Jan 20 2026

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      Did 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?


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      Contact Us

      Gardiner Roberts website | Gavin email | Stephen email

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      32 min
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