At Faiz & Associates Law Professional Corporation, we understand that a conviction or unfair sentence does not always mean the end of the road. If you believe that the trial process was flawed, or that the outcome was unjust, you have the legal right to appeal—and we are here to guide you through it.
What Is a Criminal Appeal?
An appeal is a legal process where a higher court reviews the decision made at your trial. It is not a second trial but rather an examination of whether legal errors were made that impacted the outcome. Appeals may challenge a conviction, a sentence, or both, and in some cases, may result in an acquittal, a reduced sentence, or a new trial.
Both the defence and the Crown have the right to appeal, although the grounds and scope may differ.
Common Grounds for Appeal
You may have a right to appeal if:
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The verdict was unreasonable or unsupported by the evidence
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The judge misapplied the law or failed to properly instruct the jury
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There was a violation of your Charter rights
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New, credible evidence has become available
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The sentence was harsh, unjust, or outside the range of similar cases
Every case is different, and we conduct a thorough review of trial transcripts, exhibits, and rulings to determine whether a viable appeal exists.
Where Will My Appeal Be Heard?
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Summary conviction appeals are usually heard by a single judge at the Ontario Superior Court of Justice.
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Indictable conviction appeals are heard by a panel of three judges at the Ontario Court of Appeal.
If necessary, we can also pursue further appeals to the Supreme Court of Canada, subject to leave (permission).
Appeal Deadlines Matter
If you wish to appeal, you must act quickly. Generally, you have 30 days from the date of sentencing to file a Notice of Appeal. Missing this deadline can jeopardize your case unless the court grants special permission to file late. Our team ensures all procedural steps are met on time, so your appeal is not dismissed on a technicality.
How the Appeal Process Works
An appeal is mostly a written and oral argument made to the appellate court, based on the trial transcript and court record. In most cases, no new evidence is introduced. However, we can apply to admit fresh evidence if it meets certain legal criteria—such as being credible, relevant, and likely to affect the outcome.
We prepare comprehensive legal submissions that focus on identifying trial errors, misapplications of law, or violations of your rights. Our goal is to demonstrate that the trial decision cannot stand.
Bail Pending Appeal
If you were sentenced to jail, you may apply for bail while awaiting appeal. We assist clients in meeting the strict requirements for release, including demonstrating that:
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The appeal has merit;
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You are not a flight risk; and
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Detention is not in the public interest.
Bail pending appeal can make a significant difference in your ability to prepare for your case and maintain stability during the appellate process.
Responding to a Crown Appeal
The Crown also has a right to appeal, particularly in serious indictable matters. If you’ve been acquitted or received a lenient sentence, the Crown may seek to overturn that outcome. We defend against such appeals with the same tenacity, ensuring your rights and victories are preserved.
Appeals Require Precision and Experience—Let Us Help
If you are considering an appeal, or have received notice of one, time is of the essence. Contact us immediately to schedule a confidential consultation and protect your right to fair and just treatment under the law.