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Archive For Entries On Cunningham (2010)

R. v. Cunningham = old law

Last week my colleague Benjy Radcliffe commented on the Supreme Court’s decision in R. v. Cunningham (2010 SCC 10) as being one where the Court, “in considering the scope of [its] jurisdiction, bites off its nose to spite its face.” I would argue that this is too hasty and critical a view of the Court’s [...]

R. v. Cunningham: New Solutions for Legal Aid?

Introduction Now this seems to be a novel solution to our legal aid problems. Those who spend their summers attuned to the legal world may remember the legal aid boycott (when more than 300 lawyers stopped accepting Legal Aid certificates,) which quite handily highlighted issues of access to justice. While Legal Aid attempts to span [...]

Unhappy differences arise in R. v. Cunningham

On November 17, 2009 the Supreme Court of Canada will hear argument in R. v. Cunningham, an appeal of a judgment by the Yukon Territory Court of Appeal released June 25, 2008. If the Court upholds the YKCA decision in Cunningham it would change the law in many other Canadian provinces, including Alberta (R. v. [...]