Appeals and Post-Trial

How It Works

Definition:

Appeals are legal processes where the accused or the prosecution asks a higher court to review and possibly overturn a lower court's decision. Post-trial procedures include all legal actions and processes that occur after the verdict and sentencing, including appeals, applications for judicial review, and enforcement of sentences.

Purpose:

  • Correcting Legal Errors: Appeals aim to identify and rectify legal errors made during the trial that may have affected the outcome.

  • Ensuring Fairness: The appeals process safeguards the fairness of the legal system by allowing for the review of trial procedures and decisions.

  • Final Resolution: Post-trial processes ensure that the sentence is carried out and that all legal matters are resolved.

Legal Framework for Appeals

Criminal Code of Canada:

Sections 675-696.1: These sections outline the procedures for criminal appeals in Canada, including the grounds for appeal, the appellate court's powers, and the timelines for filing an appeal.

Charter Rights:

Right to Appeal: Under the Canadian Charter of Rights and Freedoms, individuals have the right to seek an appeal if they believe their trial was unfair or if a legal error affected the outcome.

Grounds for Appeal

  • Legal Errors

    Definition: Legal errors refer to mistakes made by the trial judge in applying the law, interpreting legal principles, or instructing the jury.

    Examples: Misinterpretation of evidence, incorrect jury instructions, or improper admission of evidence.

  • Procedural Errors

    Definition: Procedural errors involve mistakes in the trial process that may have affected the fairness of the trial.

    Examples: Violation of the accused’s rights, improper handling of evidence, or failure to follow correct legal procedures.

  • Unreasonable Verdict

    Definition: A verdict may be appealed if it is deemed unreasonable or unsupported by the evidence presented at trial.

    Examples: A conviction based on insufficient evidence or a verdict that contradicts the weight of the evidence.

  • Sentencing Appeals

    Definition: Both the accused and the prosecution may appeal the sentence if they believe it is too harsh or too lenient.

    Examples: Sentences that deviate from established guidelines, or that fail to consider relevant aggravating or mitigating factors.

The Appeals Process

Filing an Appeal:

  • Notice of Appeal: The party seeking an appeal (appellant) must file a notice of appeal with the appropriate appellate court within a specified time frame, typically 30 days after the verdict or sentence.

  • Grounds for Appeal: The notice of appeal must outline the specific grounds on which the appeal is based, such as legal errors, procedural issues, or an unreasonable verdict.

Appellate Court Decision:

  • Possible Outcomes: The appellate court may:

    • Uphold the Verdict: Confirm the original decision if no errors are found.

    • Overturn the Verdict: Set aside the conviction or sentence and potentially order a new trial.

    • Modify the Sentence: Adjust the sentence if it is deemed inappropriate.

    • Acquit the Accused: In rare cases, the appellate court may acquit the accused if it finds the trial was fundamentally flawed.

Preparing the Appeal:

  • Appellate Brief: Both the appellant and the respondent (the opposing party) prepare written submissions (briefs) outlining their arguments and legal reasoning. The appellant argues why the trial court's decision should be overturned, while the respondent defends the decision.

  • Record of the Trial: The appellate court reviews the trial record, including transcripts, evidence, and legal submissions, to assess whether any errors occurred.

Further Appeals:

  • Supreme Court of Canada: If either party is dissatisfied with the appellate court's decision, they may seek leave (permission) to appeal to the Supreme Court of Canada, which is the highest court in the country. However, the Supreme Court only hears cases of national significance or those involving complex legal issues.

Appellate Court Hearing:

  • Oral Arguments: The parties may present oral arguments before the appellate court, where judges ask questions and seek clarification on legal points.

  • Judicial Review: The appellate court does not conduct a new trial but reviews the trial court's decision to determine if any legal errors affected the outcome.

Post-Trial Procedures

1. Enforcement of Sentence:

  • Carrying Out the Sentence: Once all appeals are exhausted, the sentence is enforced. For custodial sentences, this involves imprisonment, while non-custodial sentences may involve probation, fines, or community service.

  • Parole and Early Release: The accused may be eligible for parole or early release based on good behaviour, rehabilitation progress, and other factors.

2. Judicial Review:

  • Definition: Judicial review allows for the review of administrative decisions related to the accused’s sentence, such as parole decisions or conditions of imprisonment.

  • Purpose: Judicial review ensures that administrative actions comply with the law and do not violate the accused’s rights.

3. Applications for Clemency:

  • Clemency: In rare cases, the accused may apply for clemency (a reduction of sentence or pardon) from the government. Clemency is typically reserved for cases where there are extraordinary circumstances or where the sentence is deemed excessively harsh.

4. Record Suspension (Pardon):

  • Definition: A record suspension (formerly known as a pardon) allows individuals with a criminal record to have their record sealed, making it easier to reintegrate into society.

  • Eligibility: Individuals may apply for a record suspension after completing their sentence and demonstrating good behaviour for a specified period.

Role of the Defence Lawyer in Appeals and Post-Trial

  • Filing Appeals

    Identifying Grounds for Appeal: The defence lawyer reviews the trial record to identify any legal or procedural errors that may serve as grounds for an appeal.

    Preparing Legal Arguments: The defence lawyer prepares detailed legal arguments to support the appeal, focusing on how the errors impacted the trial's fairness or outcome.

  • Representing the Accused in Appellate Court:

    Oral and Written Submissions: The defence lawyer presents both written briefs and oral arguments to the appellate court, advocating for the reversal or modification of the trial court's decision.

    Responding to the Prosecution: The defence lawyer may also respond to the prosecution’s arguments if they appeal the verdict or sentence.

  • Advising on Post-Trial Options:

    Sentencing and Parole: The defence lawyer advises the accused on their rights and options regarding sentencing, parole, and early release.

    Judicial Review and Clemency: The defence lawyer may assist with applications for judicial review, clemency, or record suspension, helping the accused navigate the post-trial process and pursue avenues for relief.

The appeals and post-trial phase is essential in ensuring that justice is served and that any errors or unfairness in the trial process can be corrected. Whether challenging a verdict or sentence, seeking a review of administrative decisions, or applying for clemency, this phase offers crucial opportunities for both the accused and the prosecution. Defence lawyers play a vital role in navigating this complex process, advocating for their clients, and ensuring that their rights are protected throughout.