How do I appeal a criminal conviction in Canada?
If you disagree with a decision in your criminal case, you can request a review by the Superior Court of Justice or the Ontario Court of Appeal. If the Court of Appeal allows your appeal, it may overturn or modify the judge's decision, or order a new trial or hearing.
To appeal a criminal conviction, you must file a Notice of Appeal with the relevant courthouse within 30 days of a sentencing decision.
Summary conviction appeals are heard by the Superior Court of Justice. Both the accused and the Crown have the right to appeal.
Indictable convictions are heard by the Ontario Court of Appeal. Again, both the accused and the Crown have the right to appeal. You may appeal the conviction on the following grounds:
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on any ground of appeal that involves a question of law alone;
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on any ground of appeal that involves a question of fact or a question of mixed law and fact; or
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on any ground of appeal not mentioned in above, or that appears to be a sufficient ground of appeal, with leave of the court of appeal.
You may also appeal the sentence with respect to your indictable conviction with leave of the Court of Appeal, unless your sentence is one fixed by law.
