Appeal Information
Appeals are time sensitive and should be started immediately. Please read below to learn more about the common questions people have then give us a call to take action.
How Do I Appeal My Case?
Everyone has a right to appeal their conviction, sentence, or both. An appeal is started by filing a Notice of Appeal. I can help with drafting and filing the Notice of Appeal. If you are incarcerated, you can file an Inmate Notice of Appeal, a form you can obtain from a guard or your parole officer.
Don’t Wait!
You generally only have 30 DAYS from the day of sentencing to file a Notice of Appeal. An extension can be granted in exceptional circumstances. I can help preserve your appeal rights by writing and filing a Notice of Appeal on your behalf.
How Is an Appeal Different Than a Trial?
There are no witnesses heard on an appeal, and only rarely is there any new evidence. The Appeal Court looks to see if any errors were made at the trial. In most cases, a successful appeal results in a new trial, where you will have a chance to have your case heard fairly. I am skilled at identifying trial errors, and presenting your case persuasively to the Court.
Can I Get Bail?
You can apply for bail while you are waiting for the appeal to be heard. This is similar to bail awaiting trial, but the Court also considers the strength of the appeal in deciding whether to grant bail. I am experienced in obtaining bail pending appeal for my clients.
How Do I Know If I Should Appeal?
I can provide you with an opinion on the strengths and weaknesses of your appeal case, its projected cost and the likelihood of success. If you are applying for Legal Aid, an opinion letter is a required step in the process. I am accomplished at providing comprehensive Opinion Letters in a timely way. DO NOT WAIT for an opinion letter before filing your Notice of Appeal within the deadline! The Notice can always be withdrawn or amended later.
What Are the Steps in an Appeal?
Step one:
File the Notice of Appeal
Step two:
Obtain transcripts of all that took place at your trial.
Step three:
Write a Factum. This is a summary of the evidence heard at your trial, followed by a written statement of all the legal arguments to be made on the appeal, supported by case law. This is a key element in presenting your case persuasively. I have extensive experience in preparing Factums for the Superior Court, the Court of Appeal for Ontario and the Supreme Court of Canada.
Step four:
Oral argument. The culmination of your case is oral presentation before the judges of the Appeal Court. I have argued dozens of appeals at all levels of court.
What Results Can I Get from an Appeal?
Most often, a successful conviction appeal will result in an order for a new trial. Your presumption of innocence is restored and the conviction is overturned. It is then up to the Crown to decide whether to re-prosecute the case.
Sometimes the appeal court will decide there was no evidence that could have been used to convict you and order an acquittal. This is fairly rare.
If you are appealing your sentence, a successful appeal will result in a reduction of the time of the sentence or a variation of some of the conditions imposed.
Can I Bring Fresh Evidence?
An appeal is usually argued and decided only on the basis of what happened at trial. Sometimes, however, the appeal court will accept “fresh evidence”, especially if was impossible to obtain at the trial stage and if it will help your appeal. I am experienced in bringing applications to admit fresh evidence.
Can I Appeal My Sentence?
Yes! If your sentence was too long or some of the conditions were too harsh, you can appeal against your sentence. You can do this whether or not you are appealing your conviction.
What If the Crown Is Appealing My Acquittal or My Sentence?
Call me immediately, I can help! I am experienced in defending against Crown appeals.
Can you help with wrongful convictions?
Yes, I have experience in working on cases of wrongful conviction. I have also appeared on behalf of the Association in Defence of the Wrongly Convicted (AIDWYC) at the Supreme Court of Canada.