If you are wrongfully convicted in Brampton, you only have 30 days from your sentencing date to file a Notice of Appeal. Summary conviction appeals are heard at the Superior Court of Justice, while indictable offence appeals must go to the Court of Appeal for Ontario in Toronto.
Hearing a judge pronounce a guilty verdict can be a devastating moment. However, the Canadian legal system acknowledges that mistakes happen. Judges can misinterpret the law, and trials can be impacted by unfair procedures. If you believe your trial at the Ontario Court of Justice in Brampton was flawed, you have the legal right to challenge the outcome.
Appealing a criminal conviction is not a “do-over” or a new trial. You cannot simply present new witnesses or argue that the judge should have believed your story over the police. An appeal strictly argues that a critical legal error occurred during your original trial that resulted in a miscarriage of justice.
Step-by-Step Process for Filing an Appeal in Ontario
The appeal process is highly technical and bound by strict statutory deadlines. A specialized appellate law firm is essential to navigate the complex procedural rules of the Ontario justice system.
Step 1: Determine the Correct Appellate Court
The route your appeal takes depends entirely on how the Crown proceeded with your charges. If the Crown proceeded by summary conviction (for less serious offences), your appeal goes to the Summary Conviction Appeal Court, which is a branch of the Superior Court of Justice right in Brampton. If it was an indictable offence, your case elevates to the Court of Appeal for Ontario, located at Osgoode Hall in Toronto.
Step 2: File the Notice of Appeal
You face a rigid 30-day deadline starting from the day you are sentenced (not the day you were found guilty). Your lawyer must draft and formally serve the Notice of Appeal to the Crown and file it with the appropriate court. Missing this deadline requires filing an Application for an Extension of Time, which is difficult to win.
Step 3: Order the Official Transcripts
Because appeals rely solely on what happened in the past, your lawyer must order the official audio transcripts of your entire trial from the Brampton courthouse. The appellate judge will read these transcripts to look for the legal errors your lawyer has identified.
Step 4: Draft and Argue the Factum
Your lawyer will draft a “Factum”-a comprehensive, binding legal document outlining the exact errors of law the trial judge made. Months later, your lawyer will present oral arguments before the appellate judge or a panel of judges, arguing that your conviction should be quashed or a new trial ordered.
How Much Does an Appeal Cost?
Appeals are generally more expensive than standard trials because they require extensive reading, legal research, and precise legal writing. Costs in CAD include:
- Trial Transcripts: Court reporters charge around $5 to $8 CAD per page. For a multi-day trial, transcripts alone can cost thousands of dollars.
- Summary Conviction Appeal Lawyer Fees: Usually range from $5,000 to $10,000 CAD.
- Indictable Offence Appeal Lawyer Fees: Cases at the Court of Appeal are highly complex and typically range from $15,000 to $30,000+ CAD.
How Long Does the Appeal Process Take?
The justice system moves slowly at the appellate level. Obtaining transcripts from the A. Grenville and William Davis Courthouse can take 3 to 5 months. Drafting the Factum and waiting for a court date takes several more months. Overall, a criminal appeal in Ontario typically takes 8 to 18 months to reach a final decision.
Frequently Asked Questions (FAQ)
Do I have to stay in jail while waiting for my appeal?
Not necessarily. Your defence lawyer can apply for “Bail Pending Appeal.” If you can prove that your appeal has merit and you are not a danger to the Brampton community, the court may release you under strict conditions until the appeal is decided.
Can I bring new evidence to my appeal?
It is exceptionally rare. To introduce “fresh evidence,” you must prove that the evidence was not available during your original trial and that it is compelling enough that it could have changed the trial’s outcome.
What are the possible outcomes of a successful appeal?
If you win, the appellate court may order a completely new trial, reduce your sentence, or, in rare and exceptional cases, enter a full acquittal and clear your name entirely.
Can the Crown appeal if I am found not guilty?
Yes. In Canada, the Crown Attorney has the right to appeal an acquittal if they believe the trial judge made an error of law, such as improperly excluding important police evidence.
Leave a Reply