What is a Criminal Appeal?
A criminal appeal is a formal request to a higher court to review and potentially overturn a decision made by a lower court. It is a structured process grounded in law and procedure, designed to ensure that justice was properly administered at trial. An appeal is not about re-arguing the facts of the case or introducing new evidence, it is about identifying whether a legal error occurred that affected the outcome.
Legal errors can arise in many forms: misinterpretation of the law by the trial judge, the improper admission or exclusion of evidence, or flawed instructions to a jury. Even procedural mistakes or bias can compromise a fair trial. The appellate court’s role is to assess whether any of these issues led to a miscarriage of justice.
Unlike trial courts, which focus on establishing facts, appellate courts evaluate how the law was applied. The process is largely based on written arguments, known as factums, and oral submissions. These materials must be tightly reasoned, referencing legal precedents and pointing to specific errors in the trial record.
Success on appeal requires sharp analytical skills and deep knowledge of criminal law and appellate standards. For that reason, retaining a lawyer with experience in appellate litigation is essential. Weisberg Law has a proven record of identifying appealable errors and advancing persuasive legal arguments before appellate courts.
Grounds for Appeal
Appeals are usually brought on the grounds that the lower court judge misapplied the law and/or significantly misunderstood the evidence. An appeal can also be based on being represented by an incompetent lawyer at the lower court, which caused a miscarriage of justice. Grounds of appeal may include:
- Relying on evidence that should have been excluded;
- Arriving at an unreasonable verdict;
- Failing to apply the presumption of innocence;
- Failing to provide appropriate instructions to the jury;
- Providing insufficient reasons for judgment;
- Applying different levels of scrutiny to defence evidence versus crown evidence;
- Imposing a sentence that is demonstrably unfit.
Another valid ground is ineffective assistance of prior counsel, particularly where it resulted in a fundamentally unfair trial.
Types of Criminal Appeals
An appeal can be made against conviction, sentence, a verdict of unfit to stand trial, or a finding of not criminally responsible on account of mental disorder. In Ontario, appeals are heard by the Superior Court of Justice (summary conviction appeals), the Ontario Court of Appeal (indictable appeals) and the Supreme Court of Canada (appeals with issues of national importance or divided legal opinions at the lower courts).
The type of offence will determine the route of the appeal process. There are summary offences and indictable offences.
Summary offences are the lesser offences in the Criminal Code. They generally have a maximum penalty of 6 months in jail, a $5,000 fine, or both. Summary conviction appeals are heard in the geographical area where the offence occurred. For instance, if you were charged in Brampton with a summary conviction offence, the appeal would be to the Brampton Superior Court. Summary conviction appeals are heard by a superior court judge.
Indictable offences are more serious and carry greater penalties, such as life in prison. Indictable offences include murder, kidnapping, serious sexual assaults, and robbery. There are also hybrid offences, which make up the majority criminal offenses. For hybrid offences, the Crown can elect to proceed summarily or by indictment. This choice will indicate the appeal route. Appeals for all indictable offences go to the Ontario Court of Appeal, and are heard before a panel of three judges.
A sentence appeal challenges the type or length of punishment imposed by a lower court after a criminal defendant was found guilty.
The Appellate Process
Timing is critical. Most criminal appeals must be filed within 30 days of sentencing. If you’re incarcerated and intend to appeal, it’s vital to submit a notice of appeal promptly, even if you haven’t secured appellate counsel yet. This can be done with an inmate notice of appeal, often with assistance from correctional staff.
Once the notice is filed, the process involves compiling the appeal record, including trial transcripts, exhibits, and written submissions (factums). Oral arguments are typically required and must be presented with clarity, precision, and legal depth.
A skilled appellate lawyer ensures procedural compliance, identifies the strongest legal arguments, and prepares your case to withstand judicial scrutiny.
Bail Pending Appeal
If you are appealing a conviction and are in custody, you can apply for bail pending appeal. This allows you to remain out of jail while your appeal is being heard. To succeed, you must demonstrate:
- The appeal has merit
- You will comply with release conditions and surrender before your hearing
- Granting bail serves the public interest
You can also request to suspend other aspects of your sentence, such as probation terms or driving prohibitions, while the appeal is ongoing.
Outcomes of a Successful Appeal
When an appeal is granted, the appellate court may:
- Order a new trial before a different judge
- Quash the conviction and enter an acquittal
- Amend or reduce the sentence
- Replace a custodial sentence with a community-based option
Each case is different, but the appellate court has broad authority to correct errors and ensure justice is served.
Strategic Legal Advocacy from a Toronto Appeal Lawyer
Criminal appeals require a unique skill set—analytical precision, persuasive writing, and courtroom focus. Weisberg Law is experienced in advancing complex appeals at all levels of court, including the Ontario Court of Appeal and the Supreme Court of Canada. If you believe your trial was flawed, our team can review your case and guide you through every step of the appeal process. Contact us online to speak with an award-winning criminal defence firm.
Need an Appeal Lawyer in Toronto? Contact Weisberg Law Today
A criminal conviction is not always the end of the road. If you believe your trial was mishandled or the verdict was unjust, Weisberg Law’s Toronto appeal lawyers can assess your case and guide you through the appeals process. Contact us online to speak with an award-winning criminal defence firm.