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Beneath the Law 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.
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The Democratic Dilemma of Judicial Selection
Judicial appointments spark controversy.
In this episode, Gavin and Stephen dive into the contentious debate surrounding the political nature of judicial appointments in Ontario. They discuss Ontario Premier Ford's candid remarks on crime and bail, the inherent political process of selecting judges, and the criticisms leveled against this system.
Addressing everything from the role of laypeople in judicial committees to the independence of the judiciary post-appointment, the hosts argue that while the process is far from perfect, it is deeply rooted in democratic principles.
They champion the idea that judges, once appointed, are shielded from the political fray, able to exercise their duties with impartiality—a cornerstone of the Canadian legal system.
Listen For:
4:20 The Provincial Power to Appoint
11:21 Reality of Supreme Court Appointments
19:36 Independence of the Judiciary
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Gardiner Roberts website | Gavin email | Stephen email -
Trump, 14th Amendment, and the Ballot Battle
It's a constitutional showdown. Gavin and Stephen discuss into the implications of the 14th Amendment of the U.S. Constitution, particularly in light of recent events including the January 6th riots and legal actions concerning former President Donald Trump.
They explore the historical context and application of the amendment, especially Section 3, which pertains to insurrection and its consequences for political participation.
The conversation also explores a recent legal decision from Colorado that sought to remove Trump's name from the ballot, examining its constitutionality and potential impacts on U.S. democracy and the electoral system.
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Gardiner Roberts website | Gavin email | Stephen email -
Puck, Power, Prosecution: Canada’s Jr Hockey Scandal
Hockey, scandal, and the law.
Gavin, Stephen, and guest Lad Kucis review a controversial case that’s made headlines across the Country. It involves former members of the Canadian World Junior Championship hockey team, now facing criminal charges for an alleged sexual assault that occurred six years prior.
Amidst the legal discourse, the conversation critically examines the interplay between civil settlements and subsequent criminal proceedings, the impact on the accused players' careers, and the broader implications for the sport's integrity and the justice system at large.
The episode is a potent reminder of the complexities and consequences when sports icons fall from grace, leaving a trail of legal quandaries and societal reflection in their wake.
Listen For:
2:47 The Incident Unveiled
5:34 Regulatory Bodies React
7:40 The Civil Settlement Conundrum
23:56 Public Perception and Prejudice
Guest: Lad Kucis, Gardiner Roberts
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Gardiner Roberts website | Gavin email | Stephen email -
Riding into Risk: A Legal Look at ATV Safety
An ATV, a tragic turn, and a court decision that changed everything.
Hosts Gavin and Stephen, dive into the Ontario Court of Appeal's ruling on de Roche v McInnis. The case unravels the duty of care owed not just by drivers, but by vehicle owners, accentuating the utmost importance of insurance and proper training.
They reflect on the broader implications for owners of recreational vehicles, the devastating consequences of negligence, and the workings of statutory interpretation, emphasizing the importance of having insurance for recreational vehicles.
This discussion is a stark reminder that with the thrill of high-speed adventure comes a weighty responsibility, echoing the dire need for precaution and protection in the realm of recreational vehicle use.
Listen For:
3:15 - Introducing the Case: de Roche v McInnis
8:45 - The Duty of Care Explained: Navigating Negligence
17:32 - Understanding Statutory Interpretation
22:41 - Insuring Adventure: The Safety Net of Liability
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Read Stephen’s blog on the McGinnis case
2024 ONCA 63 (CanLII) | Desrochers v. McGinnis | CanLII (McGinnis case)
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Gardiner Roberts website | Gavin email | Stephen email -
Confidentiality vs. Transparency: The Supreme Court’s Stand on Mandate Letters
The Supreme Court of Canada has really stirred the pot this time. The issue is whether mandate letters should be subject to disclosure. Mandate letters are instructions or views given to cabinet ministers by the leader of a government.
Sparked by CBC News' request for one collection of letters from 2018, the legal battle questioned their confidentiality. Ultimately, the Supreme Court reversed lower court rulings, emphasizing the importance of cabinet confidentiality for democracy and effective governance.
Gavin and Stephen Thiele explore the decision's implications, arguing it protects necessary government deliberation zones, akin to privacy in other professional realms. They critique the media's and opposition's transparency demands, suggesting such pressures could undermine responsible government by stifling free debate and decision-making within the cabinet.
Listen For:
1:13 The Impact on Democracy and Governance
6:34 Legal and Constitutional Framework
11:36 Media’s Role and Responsibility
17:07 Implications for Legal Scholarship
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Contact Us Gardiner Roberts website | Gavin email | Stephen email -
Digital Words – Real Damages: Defamation in the Age of Instagram
Gavin and Stephen discuss a defamation case involving a social media influencer in Edmonton, Alberta. The influencer, Rosemary, had a falling out with a couple, leading to a series of defamatory posts about them on her Instagram account. The court found in favour of the couple, awarding the female plaintiff $50,000 and the male plaintiff $75,000.
This highlights the importance of being careful about what you post on social media, as defamation can lead to significant legal consequences. They also discuss the challenges of applying old defamation laws to new technology and the changing nature of media.
Listen For
1:54 There’s Been a Seismic Shift in Defamation Law Due to Social Media
3:04 Challenges in Applying Traditional Law to New Technology
4:56 The Role of Social Media Influencers in Defamation
11:08 The Difficulty of Enforcing Defamation Judgements
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Contact Us
Gardiner Roberts website | Gavin email | Stephen email