Understanding Criminal Conviction Appeals in Ontario
Being convicted of a criminal offence is one of the most stressful experiences a person can face. In Ontario, a conviction does not always represent the end of the legal process. The Canadian justice system recognizes that mistakes can occur during trials, and appeals exist as a safeguard to correct errors of law, fact, or procedure. An appeal is not a new trial but a legal review by a higher court to determine whether the conviction was proper. For individuals who believe their trial was unfair, that evidence was mishandled, or that the sentence imposed was unjust, the appeal process can provide a second chance at justice.
Grounds for Appealing a Criminal Conviction
An appeal must be based on specific grounds rather than simply disagreeing with the outcome. Common grounds include errors of law, such as misinterpretation of the Criminal Code or incorrect instructions provided to a jury. Errors of fact can also justify an appeal, such as when a trial judge misapprehends evidence or fails to properly consider important testimony. Procedural errors, such as violations of Charter rights, unlawful searches, or improper admission of evidence, can also support an appeal. In some cases, the argument may focus on the severity of the sentence rather than the conviction itself, requesting that the appeal court reduce the penalty.
The Appeal Process in Ontario
The process for appealing a conviction in Ontario begins with filing a Notice of Appeal within strict deadlines. For summary conviction matters, the appeal is heard by the Superior Court of Justice, while indictable matters are usually appealed to the Ontario Court of Appeal. The Notice of Appeal must be filed within 30 days of the conviction or sentence, although extensions can sometimes be granted if there are compelling reasons for delay. Once the notice is filed, transcripts of the trial proceedings are prepared, and both the defence and Crown submit written arguments, known as factums. The appellate court reviews the record of the trial rather than hearing new witnesses, although new evidence may sometimes be introduced if it could not have been available at trial and is essential to a just outcome.
Possible Outcomes of a Criminal Appeal
When hearing an appeal, the court has several options. The appeal court may dismiss the appeal, which means the conviction and sentence remain unchanged. It may allow the appeal and order a new trial, giving the accused another opportunity to present their case. In some circumstances, the court may substitute an acquittal if it finds the conviction was completely unsupported. The court also has the power to vary a sentence, which can result in reduced penalties or alternative sentencing options. These possible outcomes highlight why appeals are an important safeguard against wrongful convictions and disproportionate punishment.
Challenges in the Appeal Process
While appeals offer an opportunity for correction, they are not easy to win. Appellate courts give deference to trial judges and will only interfere if a clear error is demonstrated. This means the burden is on the appellant to show that a mistake was serious enough to have affected the outcome of the case. Additionally, appeals are highly technical, requiring strict adherence to deadlines, formatting rules, and procedural requirements. Missing a deadline or failing to raise an appropriate ground can result in the appeal being dismissed before it is even heard. Because of this, appealing without professional legal guidance can be risky and may result in lost opportunities.
Why You Need a Lawyer for a Criminal Appeal
Appealing a criminal conviction in Ontario is a complex process that requires a thorough understanding of appellate law and procedure. A criminal appeal lawyer will carefully review trial transcripts, identify errors, and craft compelling legal arguments to present to the higher court. They will also handle all necessary filings, deadlines, and compliance with court rules. In many cases, success in an appeal depends not only on identifying legal mistakes but also on presenting them in a persuasive way that demonstrates their impact on the outcome. A lawyer can also assess whether to appeal the conviction itself, the sentence, or both. With so much at stake, having experienced representation can significantly increase the likelihood of success.
Schedule a Free Consultation with De Boyrie Law
If you have been convicted of a criminal offence and believe errors were made in your case, you may have grounds to appeal. The timelines are short, and the process is technical, making early legal advice critical. Contact us now to schedule a free, confidential consultation.
Alex is a dedicated criminal defence lawyer serving Toronto and the GTA. He has experience handling a wide range of charges including bail hearings, assault, sexual offences, drug crimes, firearms, impaired driving, and more. Known for his professionalism, availability, and strong advocacy, Alex takes pride in guiding each client with care and consistency. If you’ve been charged with a criminal offence, we offer a free consultation so you can explore your legal options with no financial risk.
