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Criminal Appeals

Police Trespassing: Charter Rights and Private Property

As you may know, ‘Charter rights’ refer to the rights and protections you are guaranteed under Canada’s Charter of Rights and Freedoms. In criminal law, the most important Charter rights are found in sections 7 to 14, collectively called your ‘legal rights.’ They are called legal rights because they apply specifically to legal proceedings and interactions with the police. One of these Charter rights, ...

Can I get bail while my conviction is being appealed?

If you have been convicted of an offence and are being held in custody, you will remain in custody until your appeal is heard unless the court decides to release you on bail pending your appeal. To get to the court to consent to your bail while your matter is being appealed, notice of your appeal must already be filed with the court. You ...

What happens at a criminal appeal?

An appeal is not a new trial where you are allowed to present your defence a second time with the hope of obtaining a different result. Rather, an appeal allows you to go before a higher court to argue that on the basis of the transcript and the evidence tendered at your first trial, that it is evident the trial judge made a legal ...

Can I appeal a criminal conviction?

In Canada you can appeal a criminal conviction by appealing a finding of guilt, by appealing the sentence you received, or both. However, the appeal process in Canada is complicated and requires strict compliance with a large number of rules and procedures. As such, it is very important that you immediately seek the assistance of a criminal defence lawyer if you think you would ...

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