A Crime Victim's Guide to the Criminal Justice System
Appeals
Appeal courts exist to make sure that courts do not make mistakes applying the law. Most decisions at one level of court can be
appealed to a higher court. In some cases the accused person or the Crown prosecutor must have a judge's permission to
appeal. This is called leave to appeal.
Crown prosecutors may appeal an acquittal or, in the case of a conviction, ask an appeal court to increase the offender's
sentence. An offender may appeal a conviction or ask an appeal court to decrease their sentence. Appeal rights and the procedure on
appeal vary depending on how the offence was tried.
The Crown prosecutor's right to appeal a conviction is limited to “questions of law,” such as the admissibility of
evidence or the interpretation of the Criminal Code. In most appeals, the appeal court does not listen to the evidence again.
Witnesses are rarely required to testify again. The appeal court studies a transcript from the trial and listens to arguments from
both Crown and defence lawyers. Appeal courts have the power to decide whether the lower court correctly interpreted the law or
handed down a fair sentence.
Most summary conviction appeals go to the next level of court, known by different names in different provinces and territories.
Appeals of indictable offences go to a court of appeal. The Supreme Court of Canada hears appeals from provincial appeal courts when
“leave” is granted or when the Criminal Code gives a right of appeal.
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