An appeal is not a re-trial; it is a rigorous scrutiny of the original proceedings to ensure judicial fairness and statutory compliance. The following results are possible:

  • An acquittal (a finding of ‘not guilty’).
  • A new trial.
  • A reduced criminal sentence.

Grounds for criminal appeals include:

  • Legal errors.
  • Charter violations.
  • Unreasonable verdicts.

Navigating the appeals process is daunting without a criminal appeals lawyer well-versed in the procedures and the paperwork required.

At Strategic Criminal Defence, our Calgary-based advocates petition the Court of Appeal of Alberta and the Supreme Court to review lower court convictions or sentences.

We are a top-rated criminal defence firm with an extensive network of lawyers and decades of experience:

  • We have over 700 5-star Google reviews.
  • Our firm has defended clients in over 10,000 criminal cases.
  • We have won the Consumer Choice award twice.
  • Our lead lawyer, Michael Oykhman, has been recognized as a Three Best Rated criminal defence lawyer in Calgary for 8 consecutive years.

What to do next if you’ve been found guilty of a criminal offence:

  1. Seek the help of a criminal appeals lawyer: Contact a lawyer from Strategic Criminal Defence to review your Sentencing Order or the Order of Conviction in preparation for your appeal.
  2. Watch the clock: Check with your lawyer about the strict 30-day deadline from the date of sentencing to file your Notice of Appeal.
  3. Secure the court records: Your lawyer will order your trial transcripts immediately, as a verbatim record is generally required for appeals.

Contact us for a free, no-obligation consultation.

What does a criminal appeals lawyer do?

A criminal appeals lawyer helps people convicted of crimes to challenge their convictions or sentences, as per their procedural right, if they believe there was an error in their criminal trial or that their sentence was unreasonable.

To be successful in your appeal case, we focus on what went wrong legally, not just that the outcome was ‘unfair.’

Our experience in filing appeals for all types of crimes with the Court of Appeal of Alberta and the Supreme Court will be used to seek a reduced sentence, an acquittal, or a retrial.

If unsuccessful, the original conviction and sentence will stand, but your lawyer will give you an honest assessment of the prospects before proceeding.

Upon being retained, we will:

  • Carefully read through your entire trial transcript and court records to identify any legal mistakes in the judge’s orders and decisions, evidence shown, and witness statements.
  • Provide an honest assessment of how likely your appeal is to succeed and the best way to appeal, based on the facts of your conviction.
  • Look for strong legal arguments that address the hard legal tests that appeals courts use.
  • Cite similar cases and legal precedents to support your argument.
  • Obtain new expert opinions or witness statements to help your appeal, if necessary.
  • Appeal within the strict deadlines and formats set by the Alberta Court of Appeal, and the Supreme Court of Canada (See: Court Process in Calgary).

Understanding your right to appeal

Sections 675-693 of the Criminal Code address criminal appeals for convicted persons and the Crown. Key areas include:

PROCESS AREA LEGAL AUTHORITY DESCRIPTION & KEY FUNCTION
Right of Appeal (Convicted Person) Section 675 Grants the right to appeal an indictment or summary conviction based on questions of law, mixed law and fact, or the sentence itself. Also covers verdicts of being unfit to stand trial or not criminally responsible (NCR).
Crown Appeals Section 676 Allows the Attorney General to appeal an acquittal (only on questions of law), the sentence, or a verdict of unfit to stand trial.
Appeals for Special Verdicts Section 675/676 Specific provisions for appealing verdicts related to mental disorders and the duration of parole ineligibility (notably for second-degree murder).
Powers of the Court of Appeal Section 686 Defines how the Court can act. They may allow an appeal if the trial verdict was unreasonable, involved a wrong decision of law, or a miscarriage of justice occurred.
Judicial Remedies Section 686 The Court has the power to dismiss the appeal, order a new trial, enter an acquittal, or vary a sentence to ensure it is fit.
Supreme Court Appeals Sections 691–693 Outlines the final tier of the justice system, allowing for appeals to the Supreme Court of Canada on specific questions of law.

We will help you appeal against a mistake in law or fact made by lower trial courts, while ensuring your trial judge and/or jury were fair in their decisions.

Do you have grounds for an appeal?

During initial consultations, a criminal appeals lawyer from Strategic Criminal Defence will assess whether you have grounds to appeal.

There are several valid reasons to appeal a conviction or sentence:

GROUND FOR APPEAL DESCRIPTION EXAMPLES
Mistake in Law Occurs when the trial judge incorrectly interprets or applies a legal principle or statute. Providing incorrect instructions (the charge) to the jury, admitting legally inadmissible evidence, or failing to apply the correct legal test for a defence.
Charter Violations Appeals based on a breach of the Canadian Charter of Rights and Freedoms. If the breach is serious enough to impact trial fairness or the justice system's reputation, remedies are applied. Evidence obtained through an illegal search (Section 8), a violation of the right to counsel (Section 10b), or an unreasonable delay in bringing the case to trial (Section 11b).
Unreasonable Verdict An argument that the evidence presented could not reasonably support a finding of guilt. This is a high bar, as appellate courts generally defer to the trial judge's assessment of witness credibility. A conviction based entirely on circumstantial evidence that leaves significant gaps, or a verdict where a properly instructed jury, acting reasonably, could not have reached a guilty conclusion.
Mistake of Fact An argument that the judge made a 'palpable and overriding error' regarding the facts of the case. Finding a defendant guilty based on a significant misunderstanding of a witness's testimony or a physical piece of evidence that was central to the case.
Fresh Evidence The discovery of new evidence that was not available at the time of the trial. DNA evidence that only became available after the trial, or a new witness coming forward who provides a credible alibi that could not have been discovered earlier.
Ineffective Assistance of Counsel A claim that the original defence lawyer's performance was so deficient that it resulted in a miscarriage of justice. A lawyer failing to interview a key witness, or failing to raise a clear and obvious legal defence that would have likely changed the outcome.

Important note: the Court of Appeal may dismiss an appeal if they believe that, despite a legal error, no ‘substantial wrong or miscarriage of justice’ occurred, under Section 686(1)(b)(iii) of the Criminal Code.

Examples of criminal cases in Calgary with grounds to appeal:

  • A lady was found guilty of fraud based on financial records, but her appeal lawyer learned that the Crown had failed to provide a significant piece of evidence that could have proven her innocence before the trial. This took away her right to a fair trial, and she wants to appeal.
  • Even though a man was found guilty of assault, the judge misinformed the jury about the law on self-defence. He can appeal on the basis that the mistake in the law may have changed the outcome.
  • A person who sold drugs got three years in prison. This punishment is harsh compared to other similar drug offences and asks for it to be changed because it is unfair or unreasonable.

How do you start a criminal appeal in Calgary in 2026?

To start an appeal in Calgary, you must file a Notice of Appeal with the Court of Appeal Registry within 30 days of sentencing.

This formal document outlines your ‘Grounds of Appeal’ and initiates the appellate process.

As your criminal appeals lawyer, we will handle the entire process of submitting your appeal through the Court of Appeal Management System (CAMS). We must bear in mind the following:

  • The Alberta Court of Appeal has mandated strict adherence to digital formatting via CAMS, using specialized electronic ‘condensed books’ for oral arguments.
  • Appeal Conferences and Judicial Dispute Resolution pilot projects for criminal matters have been suspended by the Alberta Court of Appeal.

Your lawyer’s written factum and the initial Notice of Appeal must be highly accurate, as there are few informal intervention opportunities in the current appellate system, according to the Alberta Rules of Court.

Can you stay out of jail by appealing?

It takes time for the panel of appellate judges to assess whether any mistakes were made during your trial.

While you wait for the results of your appeal, we may be able to keep you out of jail by requesting a ‘release pending determination of appeal’, under Section 679 of the Criminal Code.

Factors affecting whether bail pending appeal will be granted include:

  • The strength of your appeal (frivolous appeals will not be approved for bail).
  • The perceived risk to public confidence in the administration of justice.
  • The judge’s confidence that the appellant will surrender into custody if the appeal fails.

In making the decision, the judge must balance the public interest in enforcement of convictions against the public interest in review of arguably wrongful convictions.

Real-world examples of successful appeals in Alberta

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

In April 2026, the Alberta Court of Appeal overturned the second-degree murder conviction of Ryan Applegarth. The case involved the 2020 death of his common-law partner. The appellate court ruled that the trial judge failed to make a specific finding that the accused intended to kill the victim, a necessary element for a murder conviction. The court noted that a jury could have realistically reached a verdict of manslaughter instead and ordered a new trial.

In March 2026, the Alberta Court of Appeal set aside the convictions of Wynden Bremner for robbery and weapons offences related to a 2023 service station heist. The appellate court found that the trial judge committed a legal error by dismissing alternative scenarios of innocence as ‘speculative’ despite a lack of definitive facial identification in the surveillance footage. Because the appellant passed away while in custody before the decision was rendered, the court ordered a stay of proceedings rather than a new trial.

In February 2025, the federal Minister of Justice ordered a new trial for an Alberta individual following a formal conviction review under the Criminal Code. This extraordinary remedy (available outside the standard appeal process) occurs when all appeal rights have been exhausted but there is a reasonable basis to conclude that a miscarriage of justice occurred. The process is often triggered by new evidence or DNA findings that were not available during the original trial or initial appeals.

Testimonials

Dedicated criminal appeal lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide criminal appeals services. View our dedicated lawyer page to learn more about our lawyers and their focus areas.

FAQs

You usually have 30 days from the time you are sentenced or found guilty to file your Notice of Appeal. The 30-day period runs from the date of the relevant order: the conviction order if appealing conviction, or the sentencing order if appealing sentence.

Yes, you can sometimes add new evidence to an appeal, but the courts make it hard to do so. Appellate courts are careful about looking at it because our legal system values decisions that are final.

If you win your appeal, the appellate court may order one of several outcomes:

  • A full acquittal if they find that the evidence wasn’t strong enough to support a conviction or that there was a serious legal mistake that can’t be fixed with a new trial. This means that you are no longer guilty in the eyes of the law.
  • A retrial of your case, often with specific instructions on how to fix the mistake that was made the first time.
  • An adjustment of the sentence handed down by the judge.

The success rate of appeals varies depending on the grounds for appeal, but many convictions are overturned annually. Appeals against sentences have a slightly higher success rate than appeals against convictions.

If you’ve been convicted, an appeals lawyer from Strategic Criminal Defence will:

  • Conduct a comprehensive record review of your case.
  • Identify any Charter and legal breaches.
  • Navigate the complex appellate procedures.
  • Craft and present persuasive written arguments.

Strategic Criminal Defence is based in Calgary. Our lawyers are familiar with the Alberta Court of Appeal’s procedures, formatting requirements, and the standards applied by Alberta appellate judges: knowledge that is essential to presenting a well-constructed appeal.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 7, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410