Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
22451
Robert Cunningham v. Her Majesty the Queen in Right of Canada, et al.
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-09-09 | Appeal closed | |
| 1993-07-23 | Correspondence (sent by the Court) to, sent to Court of Appeal of Ontario, enclosing their record | |
| 1993-04-29 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-04-29 | Copy of formal judgment being prepared, Deputy Attorney General of Canada (Ottawa, ON) | |
| 1993-04-29 | Copy of formal judgment being prepared, The Deputy Attorney General of Canada (Ottawa, ON) | |
| 1993-04-29 | Notice of deposit of judgment sent to all parties, Deputy Attorney General of Canada (Ottawa, ON) 1) Terrence Joyce, Q.C 2) John Edmond | |
| 1993-04-29 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-04-28 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1993-04-22 |
Judgment on the appeal rendered, CJ LaF L'HD So G McL Ia, The appeal is dismissed Dismissed, no order as to costs |
|
| 1993-02-19 | General proceeding, transcripts received and distributed to the judges (37 pages) | |
| 1993-01-29 |
Hearing of the appeal, 1993-01-29, CJ LaF L'HD So G McL Ia Decision reserved |
|
| 1993-01-27 | Correspondence (sent by the Court) to, of R. Peter Napier to consent to the filing of the "Statistical Report" | |
| 1993-01-27 | Correspondence (sent by the Court) to, of Terrence Joyce, Q.C. re Addendum III, Statistical Report of National Parole Board and Supplementary Authorities | |
| 1993-01-27 | Supplemental document, ADDENDUM III TO RESPONDENT'S FACTUM 24 copies, with service | Her Majesty the Queen in Right of Canada |
| 1993-01-27 | General proceeding, 24 copies of STATISTICAL REPORT OF THE NATIONAL PAROLE BOARD, with service | Her Majesty the Queen in Right of Canada |
| 1993-01-27 | Supplemental document, AUTHORITIES 10 copies, with service | Her Majesty the Queen in Right of Canada |
| 1993-01-27 |
Appeal hearing scheduled, 1993-01-29 Decision reserved |
|
| 1993-01-27 | Correspondence (sent by the Court) to, from Dept. of Justice (Mr. Terrence Joyce, Q.C. and John B. Edmond will take no more than one hour in the hearing) | |
| 1993-01-27 | Supplemental factum, 24 copies, with service | Robert Cunningham |
| 1992-12-04 | Correspondence (sent by the Court) to, from Northwest Territories Justice; re: does not intend to participate in this matter | |
| 1992-12-01 | Proof of service, of constitutional questions upon A.G. Canada | |
| 1992-11-20 | Notice of constitutional question(s), With service | Robert Cunningham |
| 1992-11-17 | Correspondence (sent by the Court) to, from R. Peter Napier; re: dates available for the hearing | |
| 1992-11-17 | Order on motion to state a constitutional question, With service | |
| 1992-11-17 | Order on motion to extend time, to state constitutional questions., with service | |
| 1992-11-12 |
Decision on the motion to state a constitutional question, for Constitutional Questions see file or Reg's red book#9 @p.39. Interventions are to be filed by Dec/18/1992, CJ Granted, no order as to costs |
|
| 1992-11-12 | Hearing of the motion to state a constitutional question, 1992-11-12, for Constitutional Questions see file or Reg's red book#9 @p.39. Interventions are to be filed by Dec/18/1992, CJ | |
| 1992-11-12 | Submission of motion to state a constitutional question, 1992-11-12, for Constitutional Questions see file or Reg's red book#9 @p.39. Interventions are to be filed by Dec/18/1992, CJ | |
| 1992-11-12 |
Decision on motion to extend time, to state Constitutional Questions,, CJ Granted, no order as to costs |
|
| 1992-11-12 | Hearing of motion to extend time, 1992-11-12, to state Constitutional Questions,, CJ | |
| 1992-11-12 | Submission of motion to extend time, 1992-11-12, to state Constitutional Questions,, CJ | |
| 1992-11-10 | Motion to extend time, to state Constitutional Questions., with service | Robert Cunningham |
| 1992-11-10 | Motion to state a constitutional question | Robert Cunningham |
| 1992-11-10 | General proceeding, transcripts received (66 pages)(DISTRIBUTED TO THE JUDGES ON THE BENCH ON THE RE-HEARING ON 29-01-93) | |
| 1992-11-04 |
Judgment on the appeal rendered Traversed, no order as to costs |
|
| 1992-11-04 |
Hearing of the appeal, 1992-11-04 Adjourned |
|
| 1992-11-03 | Correspondence (sent by the Court) to, from Terrence Joyce, Q.C.; re: the counsel will not be more than one hour in length | |
| 1992-11-02 | Correspondence (sent by the Court) to, of Terrence Joyce, Q.C. along with the Addendum II dated November 2, 1992 re PAROLE ACT | |
| 1992-11-02 | Supplemental document, ADDENDUM II TO RESPONDENT'S FACTUM 10 copies, with service | Her Majesty the Queen in Right of Canada |
| 1992-11-02 | Book of authorities, SUPPLEMENTARY 10 copies, with service | Robert Cunningham |
| 1992-10-28 | Correspondence (sent by the Court) to, from Dept. of Justice advising us that Terrence Joyce, Q.C. and John B. Edmond (respondents) will appear in this appeal | |
| 1992-10-28 | Appeal court record, (accordeon) | |
| 1992-10-28 | Correspondence (sent by the Court) to, (by fax) of R. Peter Napier to advise that the Supreme Court of Ontario (Trial) wants the Supreme Court of Canada to make the request for the file (#241) | |
| 1992-10-27 | Correspondence (sent by the Court) to, of R. Peter Napier to request that a page irrelevant to the Appeal to be extracted of the Case on Appeal. This page is between pages 49 and 50 | |
| 1992-10-21 | Proof of service, of the notice of hearing (letter form), with service | |
| 1992-10-20 | Supplemental document, 10 copies of authorities (JOINT with R02), with service | Her Majesty the Queen in Right of Canada |
| 1992-10-06 | Notice of hearing, With service | Robert Cunningham |
| 1992-09-30 |
Appeal hearing scheduled, 1992-11-04 Adjourned |
|
| 1992-09-30 | Correspondence (sent by the Court) to, from R. Peter Napier; re: he will be appearing at the hearing of the appeal and will take one hour for arguments | |
| 1992-09-22 | Notice of hearing, With service | Robert Cunningham |
| 1992-09-17 | General proceeding, to note 24 copies of ADDENDA TO RESPONDENT'S FACTUM (re paragraph 42 and 43, p. 17 and 18) | Her Majesty the Queen in Right of Canada |
| 1992-06-29 | Respondent's factum, 24 copies, with service | Her Majesty the Queen in Right of Canada |
| 1992-06-29 | Appeal perfected for hearing, Session beginning on 1993-01-25 | |
| 1992-06-08 | Order on miscellaneous motion, permitting the filing of the appellants' factum in its present form contrary to rule 33(1)(c) | |
| 1992-06-05 |
Decision on miscellaneous motion, for an order to have the appellant's factum accepted in its present form because it does not comply with SCC rule 33(1), no marginal numbering., Reg Granted, no order as to costs |
|
| 1992-06-05 | Hearing of miscellaneous motion, 1992-06-05, for an order to have the appellant's factum accepted in its present form because it does not comply with SCC rule 33(1), no marginal numbering., Reg | |
| 1992-06-05 | Submission of miscellaneous motion, 1992-06-05, for an order to have the appellant's factum accepted in its present form because it does not comply with SCC rule 33(1), no marginal numbering., Reg | |
| 1992-06-03 | Response to miscellaneous motion, to have the appellant's factum accepted in its present form; 2 copies | Her Majesty the Queen in Right of Canada |
| 1992-06-03 | Affidavit, to have the factum accepted in its present form; 2 copies; Deborah Langford | Robert Cunningham |
| 1992-06-03 | Notice of miscellaneous motion, to have the factum accepted in its present form; 2 copies | Robert Cunningham |
| 1992-05-04 | Book of authorities, 10 copies of vol. I & II, with service | Robert Cunningham |
| 1992-05-04 | Appellant's factum, 24 copies (motion to accept in its present form namely without lines numbered requested), with service | Robert Cunningham |
| 1992-03-18 | Certified casebook | Robert Cunningham |
| 1992-03-03 | Case on appeal, 23 copies, with service | Robert Cunningham |
| 1991-12-19 | Close file on Leave | |
| 1991-12-10 | Order granting leave to appeal, With service | |
| 1991-12-04 | Notice of appeal, With service | Robert Cunningham |
| 1991-11-14 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-11-14 | Notice of deposit of judgment issued to all parties, John Edmond c/o Dept. of Justice (Ott,ON) | |
| 1991-11-14 |
Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1991-11-14 | Hearing of the application for leave to appeal, 1991-11-14, CJ So McL | |
| 1991-11-14 | All materials on application for leave submitted to the Judges, 1991-11-14, CJ So McL | |
| 1991-07-16 | All materials on application for leave submitted to the Judges, CJ So McL | |
| 1991-05-13 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen in Right of Canada |
| 1991-05-08 | General proceeding, 5 copies of page 60(a) that was missing in motion book | Robert Cunningham |
| 1991-04-23 | $30.00 filing fee, #19483 | Robert Cunningham |
| 1991-04-23 | Book of authorities, 5 copies, with service | Robert Cunningham |
| 1991-04-23 | Application for leave to appeal, 5 copies (EXTENSION OF TIME INCLUDED IN MOTION BOOK), with service, Completed on: 1991-04-23 | Robert Cunningham |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Cunningham, Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Canada | Respondent | Active |
| Warden of Kingston Penitentiary | Respondent | Active |
Counsel
Party: Cunningham, Robert
Counsel
PO BOX 2278 STN MAIN
KINGSTON, Ontario
K7L 5J9
Telephone: (613) 531-8897
FAX: (613) 531-9022
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen in Right of Canada
Counsel
John B. Edmond
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4826
Party: Warden of Kingston Penitentiary
Counsel
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4828
Summary
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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Lower court rulings
Supreme Court of Ontario
Not available
Application for habeas corpus dismissed
Court of Appeal for Ontario
Not available
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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