Criminal Appeals Lawyer in Toronto
A conviction or a sentence handed down at trial is not always the last word. Where something went wrong in the process, a higher court can review what happened and, in the right case, correct it. An appeal is not a second trial, though, and that distinction matters: the appeal court does not hear witnesses again or reweigh the evidence from scratch, but instead examines the trial record to decide whether an error occurred that warrants intervention. For anyone considering criminal appeals in Toronto or across the Greater Toronto Area, understanding how the process works, and how little time there is to start one, can be the difference between preserving the right to appeal and losing it altogether.
How Appeals Work in Ontario
The route an appeal takes depends on how the offence was prosecuted. Summary conviction matters, the less serious offences, are appealed to the Superior Court of Justice and heard by a single judge. Indictable matters go to the Court of Appeal for Ontario, usually before a panel of three judges. In limited circumstances a further appeal lies to the Supreme Court of Canada, generally only with that court’s permission. Both an accused and the Crown can appeal, although the Crown’s rights are narrower, and an accused may appeal a conviction, a sentence, or both.
An appeal proceeds on the written record of the trial, namely the transcripts, the exhibits, and the trial judge’s rulings and reasons. The appellant prepares written arguments, called a factum, and the case is decided after oral argument rather than fresh testimony. Because the court is reviewing for error rather than starting over, the way a case was run at trial shapes what can be argued later. Timelines are also strict. A notice of appeal must generally be filed within thirty days of sentencing, and while extensions can be sought, they require a separate motion and a reasonable explanation. The safest course is to file the notice in time, even a simple one, and refine the grounds with counsel afterward.
The Grounds That Matter
An appeal must rest on a recognised ground, not simply disagreement with the result. For a conviction, an appeal court can intervene in three situations:
- The verdict is unreasonable or cannot be supported by the evidence.
- The trial judge made a wrong decision on a question of law.
- On any ground, there was a miscarriage of justice.
Each has its own threshold. A verdict is unreasonable only where no properly instructed jury or judge, acting judicially, could reasonably have reached it on the evidence. Errors of law can include improper jury instructions, the wrongful admission or exclusion of evidence, or a misapprehension of evidence that played an essential role in the reasoning, while a miscarriage of justice can arise in many ways, including the ineffective assistance of trial counsel. In exceptional cases, fresh evidence may be admitted, but only where it could not have been obtained earlier with reasonable diligence, is relevant and believable, and could reasonably have affected the result. Sentence appeals face a deferential standard: a court will not vary a sentence just because it would have imposed a different one, and will step in only where the sentence is demonstrably unfit or reflects an error in principle that affected it.
What to Expect and Why Acting Early Matters
Once a notice of appeal is filed, the case moves through several steps, including ordering transcripts, assembling the appeal materials, and exchanging written arguments before the hearing. Where an accused has been sentenced to custody and is appealing, it may be possible to apply for release on bail pending appeal, which requires showing that the appeal is not frivolous, that the applicant will surrender as required, and that release is not contrary to the public interest. After the hearing, the court may dismiss the appeal, order a new trial, set aside a conviction and enter an acquittal, or vary the sentence, reducing it or in some cases increasing it.
Because the right to appeal is time-limited, and because the strength of an appeal turns on a careful reading of the trial record, the earlier the process begins, the better. Reviewing transcripts and reasons takes time, and the single most important first step is preserving the right to appeal within the deadline. Anyone considering an appeal in Toronto or the GTA should speak with a criminal defence lawyer as soon as possible after a conviction or sentence, so the record can be reviewed, the available grounds assessed, and the right to appeal protected before time runs out.
Legislation and Jurisprudence
Criminal Code, RSC 1985, c C-46.
R v Biniaris, 2000 SCC 15.
R v Lacasse, 2015 SCC 64.
Palmer v The Queen, [1980] 1 SCR 759.
Leave a Comment