Beneath the Law

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.

  1. MAR 31

    Absolute Privilege or Absolute Overreach: The Sex Tape That Broke Litigation Immunity

    Send us Fan Mail A 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 Us Gardiner Roberts website | Gavin email | Stephen email

    23 min
  2. MAR 17

    The Tumbler Ridge Tragedy: Is AI Above the Law?

    Send a text What 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 click Contact Us Gardiner Roberts website | Gavin email | Stephen email

    27 min
  3. FEB 17

    Is Big Tech Responsible for a Youth Mental Health Crisis?

    Send a text 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?   Leave a rating/review for this podcast with one click   Contact Us Gardiner Roberts website | Gavin email | Stephen email

    33 min
4.9
out of 5
38 Ratings

About

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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