Criminal Appeals

What can you appeal?

Your Conviction

You may be able to appeal your conviction if there was an error that affected the outcome of your case.

This may include:

• An error of law
• Improper admission or exclusion of evidence
• Charter issues
• Flawed jury instructions
• An unreasonable verdict
• Procedural unfairness
• Other significant errors at trial

Your Sentence

You may also be able to appeal your sentence.

A sentence appeal may involve:

• An error in principle that affected your sentence
• A sentence that is demonstrably unfit

Simply disagreeing with your sentence is not enough. Appellate courts give significant deference to sentencing judges.

How long do you have to appeal?

An extension may sometimes be available, but is never guaranteed.

Where will your appeal be heard?

Where your appeal goes depends on the type of case.

Ontario Superior Court of Justice

Summary conviction matters are generally appealed to the Superior Court of Justice and heard by a single judge.

Court of Appeal for Ontario

Indictable matters are generally appealed to the Court of Appeal for Ontario and heard by a panel of three judges.

Supreme Court of Canada

In limited circumstances, a further appeal may be brought to the Supreme Court of Canada, generally with leave.

Can you get bail while your appeal is pending?

If you have been sentenced to custody, you may be able to apply for bail pending appeal.

The court considers various factors:

• Whether your appeal is not frivolous
• Whether you will surrender into custody as required
• Whether your release is in the public interest

Release is not automatic. A separate application is required.

Can you drive while your appeal is pending?

If you are appealing a driving related offence, you may be able to apply for a stay of your driving prohibition while your appeal is pending.

A stay is not automatic and must be granted by the court.

This can be particularly important if you rely on your licence for work, family responsibilities, or transportation.