Being convicted of a crime doesn’t mean your fight for justice is over. There are still options available, one of which is filing an appeal. However, it’s important to understand that an appeal is not a retrial. Instead, it’s an opportunity within the Canadian justice system to have your case reviewed by a higher court, particularly if significant errors occurred during your trial.
With that in mind, we’ll explore the key steps involved in appealing your criminal conviction and how Tom Doust: Vancouver Criminal Lawyer can help:
Are You Eligible for an Appeal?
After sentencing, an appeal isn’t a guarantee. Under certain circumstances, you must file a leave to appeal to request permission for the Supreme Court to review your case. However, there are exceptions where your right to appeal might be automatic, or conversely, where an appeal may not be an option at all.
To understand your eligibility, contact Tom Doust who will review the details of your case and provide legal guidance tailored to your situation.
The Appeal Process
If you are eligible to file an appeal, the process involves several steps from submitting your application to presenting your case for review. Here’s an overview of those key steps:
Step 1: Filing a Notice of Appeal
After sentencing you will have 30 days to submit a request for appeal by filing a notice of appeal with the Court of Appeal registry. If you’ve missed the 30-day for filing, you must seek an exemption or an extension to submit your notice. In completing the notice of appeal form you must clearly state the grounds for appeal which may fall into one or all three categories, namely:
• unreasonable verdict
• error in processing
• miscarriage of justice
If you’re unsure which of the three categories applies to your situation, Tom Doust can provide the guidance you need.
Step 2: Request Appeal Record and Transcripts
After filing your notice of appeal, you need to submit a request for the records and transcripts of your trial. An appeal record contains essential documents related to your trial, such as the judgment issued by the lower court. On the other hand, transcripts provide a precise account of all court proceedings such as witness testimonies and other discussions during the trial. This request must be submitted within 60 days of your notice of appeal.
Step 3: Submit Your Factum
Submitting your factum—a detailed document illustrating your arguments supporting your appeal—is possibly the most important step in the process. The document outlines the facts of your case and errors that occurred during the trial and forms the foundation of your appeal. Given the complexities of the factum, you should consult a skilled criminal lawyer such as Tom Doust to assist with its preparation.
Step 4: Setting a Date
After submitting all the relevant documents, you must then set a date for your appeal to be heard by the higher court. To obtain a date, contact the Appeal Registry to reserve a date and time for a hearing and submit a notice of hearing form.
Step 5: The Appeal Hearing
Before your hearing, the judge presiding over your appeal will review the details of your case. The appeal is not a new trial so no new evidence can be introduced except in extraordinary cases. After the review, your argument is presented to the court for a decision.
Mount a Strong Appeal Today With Tom Doust
If you’re considering filing an appeal but have no idea where to begin, Tom Doust can help. With 25 years of criminal law experience, Tom has the skills and knowledge to help you get the justice you deserve. He is available to provide the support you need and protect your rights. Call (604) 618-7994 or complete a contact form to schedule a consultation today!
