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Frequently Asked Questions

What is an appeal? 
An appeal is not a second chance to challenge the Crown’s case against you; in other words, it is not a re-trial. Rather, it is a review by a higher level court to determine whether the trial was conducted fairly and properly. Think of it as watching a replay of a hockey game, with rewind and slow motion playback, to see if the referee made any bad calls that cost your team the game. If so, you might feel that your team didn’t lose “fair and square” and that a re-match should be held, right?

While the NHL rules do not provide for re-matches, the Criminal Code of Canada does, in certain circumstances. If the appeal court, upon reviewing what took place at the trial, determines that the judge applied the law incorrectly, interpreted the evidence unreasonably, or that the trial was otherwise unfair, the court may nullify (set aside or overturn) the results of the game and order a “re-match” - that is, a new trial. Less often, the appeal court may enter an acquittal or order a stay of proceedings instead of a new trial. This means that you cannot be tried again on the same charges and the case is over.