When you choose to appeal a criminal conviction in Canada, you are treading a difficult road. The criminal appeals process will help you ensure that your trial was fair, the correct legal principles were used, and justice was done. You must start by explaining what a criminal appeal entails under the Criminal Code of Canada. Appeals are statutory and not common law; therefore, all your actions should align with the federal law’s exact provisions.
When and Why You Can File a Criminal Appeal
Being a person convicted upon indictment, you may appeal under section 675(1) of the Criminal Code against your conviction on any ground of law alone, of fact or mixed fact and law (with leave), or any sufficient ground. Meanwhile, the Crown can also appeal your acquittal or sentence, but only on questions of law under section 676(1). Before you act, you have to understand these differences.
Role of a Criminal lawyer in Toronto During the Appeal Process
You require the help of an experienced criminal attorney in Toronto to meet deadlines, submit the right documents, and create compelling legal arguments. A criminal appeals lawyer in Toronto is familiar with the practice directions of the Ontario Court of Appeal, the Criminal Appeal Rules, and how to present your factum in the best possible way. Although the merits will determine whether you will be successful, the procedural knowledge of your lawyer may be the only difference between the acceptance or rejection of your appeal.
The Steps in the Criminal Appeals Process
You file a Notice of Appeal or application under s. Section 678 of the Criminal Code under the Criminal Appeal Rules, which was established federally and by the Court of Appeal for Ontario. This notice must be filed within 30 days of sentencing, but the courts can extend this period to six months in custody cases with an explanation.
Your legal team will then draft the Appeal Record and Factum, which consists of transcripts, trial reasons, and pleadings. You provide a factum that presents your legal position, with trial transcripts and legal authorities. Next is the Appeal Hearing, during which counsel orally presents your case before a panel of judges. The court can question the counsel in the hearing.
Possible Outcomes of a Criminal Appeal
In case of a success, the appellate court can reverse your conviction, grant you a new trial, or change your sentence. A conviction can be quashed outright, with a retrial directed where the initial conviction was unreasonable or founded on a legal mistake or a miscarriage of justice by the powers of section 686.
There are also exceptional Crown appeals whereby the sentence can be reduced or increased, always following the Hill principle of re-sentencing de novo. Failure of your appeal would mean that the original conviction or sentence stands.
Appealing to the Supreme Court of Canada
You can apply to the Supreme Court for leave under section 691 or section 693 of the Criminal Code when your case has national importance or there is a dissenting legal question at the Court of Appeal. Leave is discretionary and is only given in exceptional situations. Assuming you are granted leave, the SCC can appoint a counsel to represent you if you have no money.
It is important to act swiftly once convicted, since a delay can result in losing your appeal. According to the Criminal Code, your rights are statutory and clear. You must stick to the chronology, establish legal mistakes or miscarriages of justice, and make your case appealing. A conviction can be overturned, or a sentence reduced, with good legal assistance, particularly through the services of a criminal attorney in Toronto. The clock is not on your side, so do it now.
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