Cases

SCC Case Information

Summary

32760

Her Majesty the Queen v. Jennie Cunningham

(Yukon Territory) (Civil) (By Leave)

Keywords

Labour Law.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

Law of professions - Barristers and solicitors - Withdrawal - Whether defence counsel is entitled to withdraw for non-payment of or inability to pay legal fees.

The Respondent was a lawyer working for the Yukon Legal Aid Services Society (“Legal Aid”). Her client had been charged with three sexual assault offences against a six-year-old girl. Legal Aid suspended her client’s coverage. The Respondent brought an application to the Territorial Court in charge of the criminal proceedings to be removed as counsel of record. The sole reason for her application to withdraw was that her client’s legal aid certificate had been revoked. There was no suggestion of any other breakdown in the solicitor-client relationship.

The Territorial Court refused the application. The Respondent proceeded to apply to the Supreme Court for an application in the nature of certiorari quashing the decision of the Territorial Court judge. This application was refused. Ultimately, a trial of the charges against the Respondent’s client became unnecessary; however, in the search for appellate guidance on the issues raised, the appeal proceeded. The appeal was granted.