The criminal appeal process in Ontario allows individuals convicted of a crime or the Crown to challenge
decisions made in a criminal case. Appeals are not retrials; they focus on reviewing errors in law,
procedure, or fact-finding that may have led to an unjust outcome.
Types of Appeals
- Conviction Appeals: Challenges to the guilty verdict, often based on legal errors, misapplication of law, or unreasonable findings of fact.
- Sentence Appeals: Challenges to the severity or appropriateness of the sentence imposed. The Crown can also appeal acquittals or sentences it believes are too lenient.
What is a Summary Conviction Appeal?
A summary conviction appeal is a legal process where a person convicted of a summary offence, either
by Crown election or when the Criminal Code of Canada mandates a summary proceeding, or the Crown
challenges the conviction or sentence in a higher Court. The appeal is heard before a Judge in the
Superior Court of Justice in the jurisdiction where the trial initially occurred.
What is an Indictable Appeal?
An indictable conviction appeal in Ontario is a process where a person convicted of an indictable offence challenges the guilty verdict in a higher Court. The Crown may also appeal an indictable conviction. Indictable conviction appeals are heard in the Ontario Court of Appeal, in Toronto, before a panel of three
Judges.
Appeal Time Limit
The time period to appeal a criminal conviction or sentence is generally 30 days from the date of the
sentence. This deadline applies to filing a Notice of Appeal with the appropriate Court:
- For indictable convictions, the Notice of Appeal is filed with the Ontario Court of Appeal.
- For summary convictions, it is filed with the Superior Court of Justice.
Extensions may be granted in exceptional circumstances if the appellant can provide a valid reason for
the delay, but this requires a formal application to the Court.
What is a Bail Pending Appeal?
Bail pending appeal may allow a convicted individual to be released from custody while their criminal
appeal is being processed, rather than serving their sentence immediately. This is not automatic and is
granted only in exceptional circumstances. The process involves applying to the appeal Court. Key
requirements include:
- Substantial Grounds for Appeal: The appellant must demonstrate a strong likelihood that the appeal will succeed.
- Special Circumstances: There must be compelling reasons for release, such as significant personal hardship or minimal risk to the public. The Court will consider the public interest.
- No Substantial Risk: The Court must be satisfied the appellant won’t flee, reoffend, or interfere with justice.
Potential Outcomes of a Successful Appeal
Conviction Appeals
- Overturned Conviction and Acquittal: The guilty verdict is set aside, and the accused is acquitted, ending the case without a retrial.
- New Trial Ordered: The conviction is quashed, and a new trial is directed to address the identified error(s), allowing the case to be reheard.
- Stay of Proceedings: The Court may halt the case permanently if retrying it would be unfair or an abuse of process.
For Sentence Appeals
- Reduced Sentence: The original sentence is decreased to a more appropriate term or condition based on the Court’s reassessment.
- Variation of Sentence: The sentence is modified if the Court finds the original sentence unfit.
If you require legal assistance regarding criminal appeals, please contact us now for a confidential
consultation.