Mulligan Tam Pearson Lawyers

Yes. In Canada, you have the right to appeal a criminal conviction.

Yes. In Canada, you can appeal your sentence.

Yes. If you appeal both your conviction and the sentence, the appeal court will consider the issues on the conviction appeal and then, if that does not result in the conviction being overturned, the issues on the sentence appeal.

Yes. Usually, you have 30 days to file a notice of appeal.

Sometimes. You would need to obtain an extension of time to appeal. The appeal court would consider how far outside of the time limit you are, why you missed the time limit, and whether your appeal has substance.

No. An appeal is a review by a higher court to determine if there were any errors made by the lower court. Typically, an appeal will involve a review of a transcript of the evidence and the reasons for judgment.

Both the BC Supreme Court and the BC Court of Appeal hear appeals.

It depends on whether the criminal charge was proceeded “summarily” or “by indictment”. In Canada, we have summary conviction and indictable offences. If the charge you were convicted of was proceeded with summarily, the first level of appeal would be to the BC Supreme Court. If the charge you were convicted of was proceeded with by indictment, the first level of appeal would be to the BC Court of Appeal.

In the BC Supreme Court, one judge would hear an appeal. In the BC Court of Appeal, there is usually a panel of three judges on each appeal.

In BC, all court proceedings are recorded. A transcript is an official typed version of what was said in court.

As an appeal is not a new trial, the judge or judges hearing the appeal need to be able to read what happened in the court below.

In Canada, judges in criminal cases are required to give reasons for their decisions so that they can be reviewed on an appeal.

In BC, juries are given detailed instructions by trial judges on how they are to come to their decision. It is presumed that juries will follow the instructions given by trial judges. Accordingly, an appeal from a jury verdict will often involve a review of the instructions that a trial judge gave to the jury. Jury trials can also be reviewed on appeal to consider issues such as the admissibility of evidence that was presented to the jury or to determine if the verdict was reasonably supported by the evidence presented at the trial.

If your first appeal was to the BC Supreme Court, you can appeal the decision of the BC Supreme Court to the BC Court of Appeal, but only with leave (permission) from that court to do so.

There can be a further appeal to the Supreme Court of Canada. In order to appeal to the Supreme Court of Canada, except in very limited circumstances, you require leave (permission) from that court.

While you are able to file an appeal on your own, it would be a very good idea to hire a lawyer to help you, as many of the things that can be important on an appeal would not be apparent to someone who is not a lawyer. Unlike a trial, which is often a factual dispute, an appeal is a legal analysis of what occurred in the trial court. Appeal arguments are based on a thorough review of the meaning and application of the law and the evidence.

A factum is a detailed written argument explaining the grounds of appeal.

You can apply either to be released from jail or to set aside other orders, such as driving prohibitions, while you are awaiting the outcome of an appeal. This involves an application to the appeal court. That court would consider, amongst other factors, whether the appeal has substance and whether you are likely to comply with any conditions of release.

There is no filing fee to appeal a conviction or sentence. However, you will be responsible for the cost of the transcript that is necessary to conduct an appeal. There will also be legal fees if you hire a lawyer.

Depending on the complexity of the issues and the availability of court time, an appeal can take a few months to over a year.

It depends on the ruling. A successful conviction appeal can result in an acquittal or a new trial.

Then the new sentence will be the sentence considered fit by the appeal court.

This would be a very difficult appeal. However, under some limited circumstances, an appeal court has the power to set aside a guilty plea.

In 2009, the most recent year with statistics are available at the time of writing, 40% of the criminal appeals filed in the BC Court of Appeal were successful.

Your chance of success will depend on the individual circumstances of your case. A lawyer assisting you with an appeal will usually wish to talk to the lawyer who conducted your trial and then review the transcript and or reasons for judgment to assess the grounds for your appeal.

Then the new sentence will be the sentence considered fit by the appeal court.