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Deadline for starting an appeal
A party wishing to launch an appeal (whether the Crown or the convicted person) must file a Notice of Appeal in the appropriate appeal court within 30 DAYS from the day that sentence was imposed by the trial court.
Can I apply for bail while waiting for my appeal to be heard?
Yes. The appeal court may grant Bail Pending Appeal in certain circumstances. This means that your sentence will be put on hold until the appeal is determined. If granted bail, you will be released from custody and required to abide by certain conditions which are similar to, but probably stricter than, the conditions upon which you were released on bail pending trial.
If you have been convicted and are considering an appeal, you should consult an appeal lawyer as soon as possible, particularly if the Crown is seeking jail time. An application for Bail Pending Appeal can take weeks to prepare, and you will want to be ready in the event that you are sentenced to custody.
In which court will the appeal be heard?
It depends on the type of charges involved. Criminal offences with less serious penalties are called Summary Conviction Offences. Appeals in these cases are heard by a single judge in the Superior Court of Justice in the community in which the trial took place.
Criminal offences with more serious maximum penalties are called Indictable Offences. Appeals in these cases are heard by a panel of three judges in the Court of Appeal for Ontario located in Toronto, regardless of where in the province the trial took place. |
How long does it take for the appeal to be heard?
It depends on many factors, but it can be anywhere from a few months to a year, and sometimes longer. Generally speaking, the longer the trial, the longer it will take for the appeal to be heard. (See Steps of an Appeal for more detailed information.)
When will I know the outcome of the appeal?
After the appeal is heard, the court may take a brief recess and announce its decision right away. However, in the vast majority of cases, the appeal court will “reserve” its judgment, meaning that it will take some time to consider the case for both sides and render its decision at a later date. There is no way to know when that might be - it could be days, weeks or months.
Why does it take so long for the appeal to be heard and what is my lawyer doing all that time?
An appeal consists of two parts: the written argument - contained in a "factum" - and the oral argument or hearing, which takes place in court. It is the factum, which is filed with the court in advance of the hearing, that comprises the overwhelming bulk of the work and is often determinative of the outcome. Think of the hearing as a trailer for a movie – it hits the highlights of the story to catch the viewer’s interest, but it is the movie itself (or in this case the factum) that lays out the plot, develops the characters, explores themes and, hopefully, leaves the audience with something to think about.
The factum cannot be prepared until a number of other things have taken place first. Learn more about the steps involved in a criminal appeal. |
