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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
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  • 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
  • He Shoots, He’s Charged? How Far Is Too Far in Contact Sports
    Jan 6 2026

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    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 For

    5:44 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?

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    Contact Us

    Gardiner Roberts website | Gavin email | Stephen email

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    23 min
  • Should Lawyers be Licensed without Passing the Bar Exam?
    Dec 23 2025

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    If becoming a lawyer no longer requires proving what you know, what does the profession really stand for?

    Gavin Tighe and Stephen Thiele take on the Law Society of Ontario’s proposal to scrap bar exams in favor of a training course, arguing that removing substantive testing undermines both public protection and the meaning of being called to the bar.

    Drawing on their own experiences in law school and practice, they explore how legal education has changed, why baseline legal knowledge is essential, and how lowering standards risks public confidence in the profession.

    They discuss the concerns about competency, mentorship, AI misuse, and an increasingly saturated legal market, ultimately questioning whether a profession without rigorous gate-keeping can still claim legitimacy as a learned profession.

    Listen For

    :25 Should lawyers be licensed without proving substantive legal knowledge
    5:41 Why is the Law Society of Ontario considering scrapping the bar exams
    9:42 How does removing testing put the public at risk
    14:10 Can lawyers rely on AI without strong foundational knowledge
    21:01 What happens to a profession when no one is allowed to fail


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    Contact Us

    Gardiner Roberts website | Gavin email | Stephen email

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    30 min
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