When you or a loved one has experienced a disappointing outcome in court or simply wants a second opinion, the Criminal Appeals team at Smith Litkowski is here to provide valuable information, guidance and representation. 

The criminal appeal process in Canada provides individuals with an opportunity to challenge the decisions made in lower courts, whether it be a conviction, the sentence imposed, or both. At Smith Litkowski, we have extensive experience in conducting all varieties of criminal appeals. Our lawyers handle both summary conviction and indictable appeals in all levels of court in Ontario and beyond. We are well positioned to assist in any appeal but focus on complex criminal matters including homicide, organized crime, dangerous offender, firearm and drug trafficking cases. 

The Smith Litkowski Advantage

Our law firm has a high level of experience in both trials and appeals. In fact, Smith Litkowski has a discrete criminal appeals division lead by Richard Litkowski. Richard’s practice focuses almost exclusively on appeals to the Ontario Court of Appeal and the Supreme Court of Canada. Not many firms can offer clients a specific department focussed only on appeal cases. We devote considerable resources to preparing the best legal arguments. 

The Criminal Appeals Process in Ontario

The process generally involves several stages, and the specific procedures can vary depending on the circumstances of your case. The following is a general overview of the criminal appeal process in Canada:

• Notice of Appeal: The process typically begins with the filing of a notice of appeal within 30 days from being sentenced. This document outlines the reasons (or grounds) that the appellant (the person appealing) is challenging the decision of the lower court. If you miss the 30-day period, you can request an extension of time to file the notice of appeal. It is in your best interests to consult a lawyer before filing the Notice of Appeal. 

• Grounds for Appeal: Grounds for appeal may include errors in law, improper admission or exclusion of evidence, procedural irregularities, or issues related to the constitutionality of laws. The person appealing must demonstrate that a legal error occurred that affected the outcome of the trial, or rendered the trial otherwise unfair.

• Appellate Court Review: The appeal court sits in panels of 3 judges and reviews the case to determine if there were any errors in law or legal procedures during the trial. The court does not generally re-examine the evidence or hear new witnesses, although in rare cases it is possible to lead new or “fresh” evidence.

• Written Submissions: Both the appellant and the respondent (the opposing party, usually the Crown or prosecution) submit written arguments outlining their positions, in documents called “factums”. The appeal judges will review these submissions before the actual hearing.

• Filing Transcripts and Preparation of Appeal Book: The appellant is required to file transcripts of the trial that is the subject matter of the appeal. The appellant also prepares an appeal book containing relevant documents and exhibits from the trial. These materials are submitted to the appeal court and are used during the appeal process.

• Oral Argument: Once all the necessary materials have been filed, the appeal court will schedule a hearing where both parties present oral arguments. This allows for a more in-depth examination of the legal issues raised in the written submissions. The judges often ask questions to clarify points made by the parties.

• Appeal Court Decision: After considering the written and oral arguments, the appeal court renders a decision. The decision may involve upholding the conviction or sentence, varying the sentence, ordering a new trial, or acquitting the accused. Reasons for the decision are provided in writing.

• Further Appeals: In some cases, parties may seek leave to appeal to the Supreme Court of Canada if the appeal is dismissed by the provincial appeal court. However, the Supreme Court is selective in granting leave and generally will only consider cases of national importance or those involving significant legal issues. An exception to the leave to appeal requirement is if one judge of the three hearing the appeal disagrees or “dissents” from the result reached by the other two judges. In those cases, the losing party has an automatic right to appeal to the Supreme Court of Canada without having to seek leave or permission of that Court to hear the appeal.