Episodios

  • 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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    Gardiner Roberts website | Gavin email | Stephen email

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    23 m
  • 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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    Gardiner Roberts website | Gavin email | Stephen email

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    30 m
  • Who Has the Rights to Your Voice on a Podcast?
    Dec 9 2025

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    Who owns your voice once it's out there?

    Gavin Tighe and Stephen Thiele dive headfirst into the legal grey zone of podcasting, exposing the tangled web of copyright, guest rights, AI risks, and international enforcement.

    In a world where anyone with a mic and Wi-Fi can become a broadcaster, the legal framework hasn’t caught up…and that’s a problem.

    From defamation and moral rights to regulating cross-border content, this episode explores how the Wild West of digital media is clashing with legacy laws, and why even the simplest podcast might require a legal contract.

    It's a sharp, witty, and timely discussion that will leave creators, lawyers, and listeners questioning: just who owns the content we consume and create?

    Listen For

    2:24 How has podcasting given everyone a voice compared to traditional media?

    4:17 How big is the podcast industry and who’s listening in Canada and globally?

    7:41 Can podcasting be regulated by agencies like the CRTC?

    10:53 Do guests have copyright ownership over their podcast appearances?

    19:45 What happens when AI is used to fake or manipulate a podcast guest’s voice?

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    31 m
  • Who Really Decides an Election When One Ballot Goes Missing?
    Nov 25 2025

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    What happens when one vote decides an election and that vote never makes it to the ballot box?

    Gavin and Stephen dive deep into a razor-thin electoral result in Terrebonne, Quebec, where a federal seat was won by a single vote.

    But here's the twist: a mail-in ballot that could have tied the race was rejected due to a postal code error, an error made not by the voter, but by an Elections Canada official.

    Drawing on their own high-profile experience in the Opitz v. Wrzesnewskyj Supreme Court case, Gavin and Stephen debate voter disenfranchisement, electoral integrity, and whether democracy should aim for perfection or just “good enough.”

    They explore the fragile balance between procedural error and intentional fraud, the role of Canada Post in protecting electoral rights, and whether a single mistake should or should not invalidate an entire election.


    Listen For

    1:32 What happens when an election is won by just one vote?

    6:40 Should a rejected mail-in ballot count if it was the government's error?

    10:35 Is the right to vote dependent on voter diligence?

    17:00 Can you ever truly “redo” an election?

    22:56 Did the Supreme Court's Opitz ruling get misinterpreted in this case?

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    Gardiner Roberts website | Gavin email | Stephen email

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    27 m
  • When Does a Mandatory Minimum Sentence Become Unconstitutional?
    Nov 11 2025

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    What happens when a law meant to protect society’s most vulnerable ends up protecting the predators instead?

    Gavin Tighe and Stephen Thiele tackle one of the most emotionally charged Supreme Court decisions in recent memory: the striking down of mandatory minimum sentences for child pornography possession.

    With characteristic clarity and sharp legal insight, the hosts unpack the shocking facts of the Seville and Naud case, the controversial use of hypotheticals by the court, and how this ruling could shift Canadian politics and legislation.

    Along the way, they explore the tension between sentencing discretion and public outrage, the use and misuse of the notwithstanding clause, and what this decision reveals about deeper flaws in the criminal code.

    Listen For

    00:00 Why did the Supreme Court of Canada strike down mandatory minimums for child porn cases?

    5:48 What were the shocking facts of the Ville and Naud cases?

    12:14 How did a hypothetical involving teens change the outcome of a child porn sentencing case?

    20:02 Is the law flawed, or is judicial discretion the real issue?

    25:22 Could this ruling spark a political storm over the notwithstanding clause?

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    29 m
  • What are Canada's NOTWITHSTANDING Clause Limitations?
    Oct 28 2025

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    Who gets the last word in Canada’s democracy: judges or elected lawmakers?

    Gavin Tighe and Stephen Thiele unpack the politics and law of the notwithstanding clause, tracing its 1982 origins as a grand bargain that paired constitutional rights with parliamentary supremacy and a five year sunset.

    Using Quebec’s secularism law as a live test case, they explain why some rights like voting cannot be overridden and how current fights over bike lanes and speed cameras pull courts into policy making.

    They debate proposed “guardrails” such as supermajority requirements, argue that any real limits would need a formal constitutional amendment, and warn that frequent use could normalize section 33 and water down the Charter.

    The result is a sharp, timely primer on how law, politics, and accountability collide when governments invoke the clause.

    Listen For

    1:20 Who gets the last word in Canada’s democracy, courts or parliament?

    3:50 Why can’t the notwithstanding clause override voting rights under section 3?

    6:01 Could bike lanes or speed camera rollbacks trigger Charter challenges on safety?

    7:26 Why was section 33 created and how does the five year sunset tie to elections?

    14:16 Should Canada add guardrails like a supermajority to use the notwithstanding clause?

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    28 m
  • How a Fence Won 3,600 Square Feet from the City of Toronto
    Oct 14 2025

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    Can someone really steal land just by building a fence around it?

    Gavin Tighe and Stephen Thiele dissect a controversial Supreme Court of Canada decision in Koki v. City of Toronto, where a private homeowner gained legal ownership of 3,600 square feet of municipal parkland through adverse possession.

    They break down the complexities of Ontario’s real property laws, from the nuances of the land title system versus registry, to the doctrine of “squatter’s rights,” and how legal tactics and statutory interpretation shaped the surprising outcome.

    With implications for public land use, municipal oversight, and homeowners who unknowingly benefit from historical quirks, this episode is a must-listen for anyone curious about how property law works… and sometimes doesn’t.

    Listen For

    1:27 What started the squatter’s rights case?
    8:00 Why can’t you claim land under Land Titles?
    13:16 How do squatter claims still happen?
    17:03 Do cities need to watch all parkland?
    22:09 Will this lead to more squatter cases?

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    Gardiner Roberts website | Gavin email | Stephen email

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    26 m
  • Freedom or Fraud? The Real Cost of Speed Cameras
    Sep 30 2025

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    What if your next speeding ticket came from a machine you can’t question, can’t confront, and can’t appeal?

    Gavin Tighe and Stephen Thiele take aim at Toronto's controversial speed camera program, dissecting its implications for justice, privacy, and public policy.

    From discussing the opaque review process to sharing personal anecdotes of fines issued without due process, the duo explores how what began as a public safety initiative has morphed into what they argue is a taxpayer-funded surveillance scheme and revenue grab.

    Touching on comparisons, legal rights, and political consequences, this episode offers a passionate and provocative critique of automated enforcement and raises pressing questions about the erosion of democratic protections under the guise of road safety.

    Listen For

    2:48 Machine Justice: The Speed Camera Deep Dive

    5:18 The Illusion of Safety and the Real Agenda

    8:22 Toronto’s $7 Million Speed Trap

    15:04 No Appeal, No Problem: The Kafkaesque Review Process

    30:33 What Did the Camera Ever Do?

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    Gardiner Roberts website | Gavin email | Stephen email

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    32 m
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