Appeals are won on paper. A well-argued document laying out exactly where the trial went wrong is worth more than any passionate argument in court.
A criminal conviction is not always the end. If your trial was unfair, if the judge made a legal error, or if important evidence was wrongly admitted or excluded, you may have grounds to appeal. I appear before the Court of Appeal for Ontario and, where appropriate, the Supreme Court of Canada.
Conviction Appeals vs. Sentence Appeals
A conviction appeal asks the court to overturn the finding of guilt. You are arguing that the trial was fundamentally flawed: the judge made an error of law, the jury was misdirected, evidence was wrongly admitted or excluded, or the Crown failed to prove its case to the required standard. A sentence appeal is different. You are not contesting guilt, you are arguing that the sentence was too harsh given the circumstances, the offence, and your background. Both types of appeal are available to both the Crown and the defence, though the Crown's ability to appeal an acquittal is limited by law.
Act Fast: Filing Deadlines Are Strict
This is the most important practical point about appeals. For summary conviction offences, you have 30 days from the date of conviction or sentence to file your notice of appeal. For indictable offences, the deadline is also 30 days in most circumstances. Missing this deadline does not automatically end your case, an extension can be applied for, but extensions require justification and are not guaranteed. If you think you want to appeal, call as soon as possible after conviction. Do not wait.
Grounds for Appeal: What Actually Works
Not every trial mistake is grounds for appeal. The error must have been serious enough to affect the outcome or to make the trial fundamentally unfair. Common grounds include using the wrong legal standard, wrongly excluding or allowing key evidence, failing to explain the reasons for a conviction, errors in judging witness credibility, and giving the jury wrong instructions on the law.
Charter violations can also support an appeal. If your rights were breached before or during trial and the judge failed to exclude that evidence, the Court of Appeal can review that decision. For how Charter arguments work at trial, see my guide to criminal trials in Toronto.
Fresh Evidence Applications
Sometimes new evidence comes up after trial that wasn't available at the time. It could be new scientific analysis, a witness who has now come forward, or documents that were previously out of reach. To bring new evidence on appeal, it must be credible and strong enough that it could have changed the result at trial. These applications are rare, but powerful when they succeed.
What the Court of Appeal Process Looks Like
Appeals are mostly done on paper. Your lawyer prepares a written document called a factum - a detailed legal argument that explains what went wrong and what remedy you are seeking. The Crown files its own response. Both sides then make short oral arguments before a panel of three judges. There are no witnesses and no new evidence introduced. The court reviews the trial record and decides whether legal standards were met.
The Court of Appeal can acquit, order a new trial, change the sentence, or dismiss the appeal. Acquittals are rare - they're reserved for cases where the evidence clearly couldn't support a conviction. A new trial is the more common result when a legal error made the original trial unfair.
Post-Conviction Options Beyond the Appeal
Appeals are not the only post-conviction avenue. A record suspension through the Parole Board of Canada can seal your criminal record from public view after a waiting period. In cases of potential miscarriage of justice, a section 696.1 ministerial review application can be made to the federal Minister of Justice. For more on records and their long-term impact, see my post on criminal records and your future.
Can You Afford an Appeal?
Legal Aid Ontario provides coverage for some appeals, particularly where the accused is in custody or faces serious jeopardy. For those who do not qualify for legal aid, I offer a direct consultation to assess the strength of the grounds and the realistic cost of proceeding. Not every conviction is worth appealing. The goal of that first conversation is to give you an honest assessment, not to sell you a process. Contact me for a free, confidential consultation; see also our FAQ.
