Appeals

Conducting an appeal requires both written and oral argument and may even require an application for bail pending appeal.

Occasionally an accused is convicted or improperly sentenced due to errors committed by a Judge, Crown counsel or even his/her Defence lawyer. In these cases an accused can apply to an appeals Court to have their conviction overturned or sentence varied.

Conducting an appeal requires both written and oral argument and may even require an application for bail pending the outcome of your appeal.

A higher level Court (either the Court of Queen’s Bench or the Court of Appeal) will assess whether or not an error was made during your trial or sentencing hearing that justifies the remedy you seek.   

You have 30 days from the date you were convicted/sentenced to file a notice of appeal.  It is crucial to consult with counsel immediately after you are convicted/sentenced in order to begin the appeal process.  A failure to do so may result in you not being able to appeal your matter.

An application can be made for your release pending your appeal.  There are a number of factors that the appellant level court must consider in deciding whether you are an appropriate candidate for release.  These factors include the strength of your ground of appeal, whether you will surrender yourself into custody on the date of your appeal hearing and that your release is not contrary to the public interest.