Appeal
A criminal appeal is the formal process by which a higher court reviews a decision of a lower court. In Ontario, summary conviction appeals from the Ontario Court of Justice go to the Superior Court of Justice. Indictable appeals from Provincial or Superior Court go directly to the Court of Appeal for Ontario. Further appeal lies to the Supreme Court of Canada by leave (with rare appeals as of right).
Mass Tsang's appeals lawyers handle both conviction and sentence appeals out of the Ontario Court of Appeal. For more, see our blog post on the criminal appeals process in Canada.
Who can appeal what
An accused convicted at trial can appeal the conviction, the sentence, or both. The Crown can appeal an acquittal on questions of law — but generally not on questions of fact. The Crown can also appeal a sentence as being unfit. The asymmetry — broader Crown rights of appeal on law, narrower rights on fact — reflects the constitutional weight of the presumption of innocence.
Grounds of appeal
Conviction appeals proceed on grounds such as: errors of law (incorrect application of legal principles), miscarriage of justice (procedural unfairness, fresh evidence, ineffective counsel), and unreasonable verdict (the verdict cannot be supported by the evidence). Sentence appeals proceed on grounds such as: errors in principle, failure to consider relevant factors, consideration of irrelevant factors, and a sentence that is demonstrably unfit.
Deadlines and procedure
Strict deadlines apply. Notices of appeal must usually be filed within 30 days of sentence. Late notices require an extension on motion. After the notice is filed, transcripts are ordered, written factums are prepared, and oral argument is scheduled — typically many months later. Bail pending appeal is available on application.
Outcomes
A successful conviction appeal results in either a new trial or, less commonly, an acquittal entered by the appeal court. A successful sentence appeal results in a varied sentence. A failed appeal leaves the original disposition undisturbed.
Related glossary terms
