The appeal process is very different from the trial process. An appeal is not a chance to re-do the trial and get a different result. Appeals are focused on identifying potential legal errors that call the guilty verdict into question. Examples of legal errors include improperly instructing the jury, allowing inadmissible information into evidence or wrongly applying the law.
Successful conviction appeals typically result in an order for a new trial on the charges. In very rare cases, the Court may either stay the proceedings on appeal or enter an acquittal.
An appeal of a summary conviction offence takes place in the Superior Court of Justice before a single judge. An appeal of an indictable offence takes place in the Ontario Court of Appeal before a panel of three judges.
An appeal hearing will be scheduled once your lawyer has filed written submissions summarizing the evidence and identifying the legal errors. The appeal hearing will usually only last a few hours.
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Bail Pending Appeal
Thorough preparation is necessary for a successful bail pending appeal application. You should begin thinking about your appeal as soon as you are convicted.
Bryan typically attempts to schedule the bail pending appeal hearing for the same day as your sentencing, so that you spend as little time in custody as possible.
Frequently Asked Questions
About Appeals
