Can I appeal a criminal conviction?
In Canada you can appeal a criminal conviction by appealing a finding of guilt, by appealing the sentence you received, or both. However, the appeal process in Canada is complicated and requires strict compliance with a large number of rules and procedures. As such, it is very important that you immediately seek the assistance of a criminal defence lawyer if you think you would like to appeal your conviction or your sentence. Finding and hiring a criminal defence to help you with your appeal is of utmost importance, particularly since you will have only 30 days from the date of your conviction to file your notice of appeal with the court.
If you want to appeal your decision and you have missed the 30 day deadline, there may still be a chance that you can file a notice of appeal if you are granted an extension of time by the court. When considering an application for an extension of time, the court will typically consider the following:
- Whether you have shown a legitimate or bona fide intention to appeal your decision before the 30 days had elapsed;
- Whether you are able to provide a good reason for failing to file your notice of appeal within the 30 day deadline; and,
- Whether there is any merit to your appeal.
Sometimes the court will take other factors into consideration, however, the main consideration will always be whether it is interests of justice that the appeal is allowed based on the criteria outlined above.
The Right to Appeal:
While everyone has the right to try to initiate an appeal, sometimes permission of the court will be required in order for your appeal to be heard. Leave to appeal, or permission to appeal, will be required when you are appealing a sentence or when you making an appeal to the Supreme Court of Canada. The appeal process is further complicated by the fact that sometimes you might be limited to raising your appeal on only certain grounds. For example, if you are appealing a conviction of an indictable matter, you will only be allowed to appeal because the law was not interpreted or applied properly in your case. If you want to appeal because you think the the judge misinterpreted or misapplied the facts of your case, you will have to ask for leave of the court to do so.
Given the complicated nature of this process, if you are considering initiating an appeal contact our one of our defence lawyers immediately. We have experience dealing with a wide range of criminal appeals and will be able to help you assess the merit of your appeal, and can provide you with full and effective representation throughout the entire process.
About The Author
Ask A Question
We endeavor to respond to questions within 24 hours. If your matter is urgent, please call our office or submit a request for a free consultation.
Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.
Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.
I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.
Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.
Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.