I want to appeal the decision in my legal case. How can I appeal?

Under Canadian law, an appeal of conviction and/or an appeal of sentence can be made by an individual who has been convicted and sentenced in a court.

In limited circumstances, the Crown can also appeal an acquittal or a sentence. The Crown’s appeal rights are much more limited than an accused’s appeal rights, as the Crown will need to demonstrate a significant error of law to have their appeal heard, while an accused does not have this same requirement.

It is important to note that a Court hearing an appeal will not conduct the trial again.

Generally, witness testimony will not be required at appeal, but oral arguments of the appealing party and the responding party will be heard. The role of an appeal court is to determine if the initial trial was conducted properly, in the case of a conviction-based appeal, and/or determine whether or not the particular sentence that was imposed was fair, in the case of an appeal based on a sentence.

The Court that hears an appeal can decide to:

  • Dismiss the appeal. In this situation, the Court would be satisfied that the trial was legally sound.
  • Set aside the conviction and order a new trial. This would happen when the Court finds there are issues with the trial itself.
  • Find the individual not guilty. The Court would declare this in cases where the evidence does not support the conviction.
  • Increase or decrease the sentence. The Court can increase or decrease the sentence if an inappropriate sentence has been given.
  • Overturn a previous acquittal and find the individual guilty. This can happen in a limited circumstance.

If you are looking to start an appeal, Collett Read can help. Our experienced lawyers will take your concerns seriously and craft your conviction or sentence appeal in a way that gives you the best chance of success possible. We will navigate you through the process and fight for your rights.

Collett Read LLP