Appealing a criminal conviction in Canada is complicated and daunting but an essential element in ensuring justice. An appeal is a request that a higher court review the decision of a lower court. People who feel that their conviction is unfair or that there has been an abuse of process that grossly prejudiced them during their trial in Canada can appeal their conviction.
The appeal process has various rules and timelines that take into consideration a different nature of conviction and courts passing the judgment. Thus, understanding these elements is very important for any individual seeking an appeal.
Reasons for Appeal
An appeal can, therefore, be made if an appellant is able to show that there was some sort of defective ground on which the original sentence was based. The most common appeal grounds are errors in law or in procedure, or even for evidence that has come to light subsequent to the original trial. For example, the grounds of appeal could be because a judge has erred in interpreting the law or important evidence has been admitted or withheld.
To this end, when there is presentation of new evidence that had the case been made known would have led to a marked difference, such can be used as ample grounds for appeal by an appellant. The grounds are to be clearly spelled out in form of submission of appeal as the court would look into whether such grounds are sufficient to be heard.
Professional Legal Assistance
Although one may appeal a conviction without representation, it is highly advisable that one seek the services of a criminal law attorney. The services of an attorney prove to be of immense importance in guiding one through the appeal process: from identifying strong points of appeal to the preparation of documents, they know the fine details of the law and hence argue it effectively before the appellate court.
Having professional legal assistance could make a big difference in the chance of success of the appeal since the criminal lawyer can negotiate through the complexities of the legal system and plead for the rights of the appellant.
Filing the Notice of Appeal
The first formal document within the appeal process is the Notice of Appeal. It should be filed with the appropriate appellate court and usually has to be filed within a certain time following conviction, normally 30 days. The Notice of Appeal would state that the appellant is appealing the conviction, identifying the reasons behind the appeal. These timelines are thus quite critical, and the Notice should be duly completed lest an appeal be dismissed on technical grounds.
Preparation of Hearing
Once the appeal is filed by the Notice of Appeal, comes the stage of preparation for the hearing. This stage involves gathering all materials from the original trial, including transcripts, evidence, and other documents. This will then be considered by the appellant and their lawyer to marshal a solid foundation of arguments towards the appeal.
The preparation of written submissions that present the argument and evidence supporting the appeal clearly might also be considered. In some instances, the court may grant leave for oral arguments, during which time the lawyer will argue his case directly before the bench.
The Decision and Next Steps
After the hearing, the appellate court will render a decision that, again, may take some time. The court can uphold the conviction, reverse it, or order a new trial. In case of a successful appeal, the consequences range from complete exoneration to a reduction in sentence.
Should the appeal be dismissed, other avenues may not necessarily be entirely closed, including the application for leave to appeal to the Supreme Court of Canada. Your lawyer will explain to you what your next steps are. Being aware of these results and what other possibilities might arise is an important part of any person going through the appeal process.
Conclusion
An appeal to a criminal conviction in Canada is a complex process that requires much deliberation and strategy. Indeed, an informed understanding of the grounds for appeal, with the requisite knowledge of a lawyer together with following the legal steps, will help effectively pursue justice and potentially turn an unjust conviction around.
