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How long do I have to appeal my criminal conviction?
You have 30 days to appeal your conviction once you are sentenced. After that, you would have to bring an application for leave to extend the time to appeal. The longer you take to do so, the harder this application will be.
How do you identify the grounds of appeal?
Appeals usually proceed on the basis of the evidence led at trial. Bryan reads every word of the trial transcript (including all pre-trial applications) to determine all possible grounds of appeal, including whether the judge misapprehended the evidence in any way, or made a legally incorrect ruling on an issue that was raised mid-trial.
What is my role in the appeal process?
The client’s role in the appeal process is usually more limited than in the trial preparation stage, because the appeal focuses on the evidence that was led at trial. Bryan always encourages clients to disclose any concerns that they may have about the trial process however. On occasion, these concerns can lead to viable grounds of appeal.
How long does an appeal take?
Appeals usually take between 12 and 18 months, although this often depends on the length of the trial being appealed. Appeal lawyers need to order the transcripts, and then review each word of the trial to identify all possible grounds of appeal.
I have information that is important that was not led at trial. Is there anything I can do with that information on appeal?
In general, the appeal is limited to the trial record – the testimony of the witnesses, exhibits entered, and submissions of counsel. In certain rare cases, however, an appellant can apply to introduce “fresh evidence” if it meets certain stringent requirements. Bryan can discuss with you the prospects of a successful fresh evidence application.
I won my case, but now I’ve received notice that the Crown is appealing. What do I do?
You should retain a lawyer to respond. Bryan has significant experience responding to Crown appeals.
What happens if I lose my appeal?
If your appeal is not successful, you usually do not have an automatic right of further appeal. However, you may seek leave to appeal to a higher court (either the Supreme Court of Canada if your appeal was heard in the Ontario Court of Appeal, or the Court of Appeal if your appeal was heard in the Superior Court of Justice).
Leave to appeal is usually only granted where the appeal raises a legal issue that has significance to the justice system as a whole. An example would be where courts across the country have approached the legal issue differently. Successful leave to appeal applications at the Supreme Court of Canada are rare.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
