While the NHL rules do not provide for re-matches, the Criminal Code of Canada does, in certain circumstances. If the appeal court, upon reviewing what took place at the trial, determines that the judge applied the law incorrectly, interpreted the evidence unreasonably, or that the trial was otherwise unfair, the court may nullify (set aside or overturn) the results and order a “re-match” - that is, a new trial. In some cases, the appeal court may enter an acquittal or order a stay of proceedings instead of a new trial. This means that you cannot be tried again on the same charges and the case is over.

 

Yes. You can choose to appeal only the conviction (a finding of guilt) or only the sentence, or you can appeal both. By appealing both you are setting up a contingency plan: your first goal is to overturn the conviction, but if that fails, you may be able to have your sentence reduced. As a practical matter, appeals against conviction(s) and appeals against sentence proceed at the same time, as if they were a single appeal.

 

An appeal against sentence (also referred to as a sentence appeal) if successful, may result in less jail time, the ability to serve the sentence in “house arrest” in certain circumstances, or the variation or removal of other orders, such as driving prohibitions and D.N.A. orders.

 

Even if these considerations don’t mean much to you today, your record is for life (unless you later qualify for and obtain a pardon) and most of us cannot predict what the future holds. Don’t find yourself being denied opportunities because of a criminal conviction that you could have, but didn’t challenge when you had the chance.

 

If you have been convicted but not yet sentenced, you should not wait until after the sentencing to consider whether to appeal or to speak with a lawyer about your options. There are practical considerations and procedural steps that can take some time and are beyond your (or your lawyer’s) control. For example, if you want a legal opinion about how strong your case is on appeal (whether the proposed appeal has merit), you need to obtain a transcript (an official word for word reproduction) of the court’s Reasons for Judgment or, if it was a jury trial, the Charge to the Jury.

 

Transcripts are produced by the Court Reporter who was present in the courtroom during the trial proceedings, and you can bet that he or she has a long list of transcript orders from other parties as well.

 

Another time-sensitive factor to consider is that, depending on the sentence that is ultimately imposed upon you, you may wish to apply for bail pending the hearing of your appeal. Because it can take a number of weeks to prepare the materials for a bail application, this process should be started as soon as possible following a finding of guilt.

 

Yes, a litigant (a party to a court proceeding) may choose not to retain a lawyer and to represent him or herself in court. For more  information read the self-help packages at the Ontario Court of Appeal website.

 

Bear in mind, however, that appeals presented by a lawyer are almost twice as likely to succeed than cases where the appellant is self-represented. (See page 33 of the Court of Appeal for Ontario's Annual Report, 2009.) 

 

Would you hire the carpenter who framed your house to carve a miniature wooden replica of a castle for your daughter’s birthday? While both are craftsmen (or craftswomen) in wood, the two jobs are markedly different and require different tools, skills, knowledge and experience.

 

In the same way, while a criminal trial and a criminal appeal are both proceedings in criminal law (as opposed to some other area of law, like real estate), they are very different in nature. While a trial is mainly concerned with establishing the facts through the testimony of witnesses and other evidence, an appeal is mainly concerned about fine points of law as they apply to those facts.

 

Generally speaking, you have only one chance to appeal  your conviction and/or sentence. As with any other challenge in life, success cannot be guaranteed and is dependent upon many variables that are beyond your control. However, the one factor that you can control is the lawyer you choose to represent you. 

 

A criminal lawyer who practices exclusively or primarily at the appellate level, or who has an abundance of appellate experience.

 

Because of the distinct differences between trial and appellate advocacy, you need someone with extensive appellate experience on your side. This is particularly true for cases that are argued in the Court of Appeal, which is the highest court in the province, and the last stop before the Supreme Court of Canada, the highest court in the country. Because few cases reach this level of court, only a very small percentage of lawyers have the opportunity to appear in the Court of Appeal. You can be sure however, that the Crown arguing against your case is one of them. This is because the Crown has a very large contingent of criminal lawyers dedicated almost exclusively to appellate practice. You will be at a distinct disadvantage if you do not have the same level of expertise on your side.

 

One of the easiest ways to verify a lawyer’s experience is to see if any of their cases have been published in a criminal cases reporting service. These publications are research tools for the legal profession. Because “the law” is not just what is enacted as a piece of legislation but also unwritten common law principles, both of which are subject to interpretation and refinement by the courts (as set out in the court’s Judgment), court decisions that have significance for the understanding and further development of the law are published by reporting services. Such decisions are referred to as “reported cases.”

 

In the past, reported cases were difficult to access for non-lawyers. With the development of the internet, however, there are now various websites from which anyone can freely access court decisions which can be searched by key words, including the names of lawyers. Most courts across the country have their own websites with a database of decisions released by that court. The Canadian Legal Information Institute  maintains its own database of noteworthy decisions as well as useful links to all levels of courts and legislation for every jurisdiction in the country.