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 The Appeal Process
 Deadline for starting an appeal

A notice of appeal must be filed in the appeal court within 30 DAYS from the day that sentence was imposed by the trial court.

Can I apply for bail while waiting for my appeal to be heard?

Yes. The appeal court may grant bail pending appeal in certain circumstances. This means that your sentence will be put on hold until the appeal is determined. If released on bail, you will be required to comply with conditions which are similar to, but probably stricter than, the ones in place before the trial. 

A bail application cannot be brought until after sentence has been imposed. In order to minimize the time spent in jail, it is a good idea to get the process started well ahead of time. It can take weeks to prepare an application for bail pending appeal.

Click here to view a powerpoint presentation about bail pending appeal.

In which court will the appeal be heard?
It depends on the type of charges involved. Criminal offences with less serious penalties are called Summary Conviction Offences. Appeals in these cases are heard by a single judge in the Superior Court of Justice in the community in which the trial took place.

 
Criminal offences with more serious maximum penalties are called Indictable Offences. Appeals in these cases are heard by a panel of three judges in the Court of Appeal for Ontario located in Toronto, regardless of where in the province the trial took place.

How long does it take for the appeal to be heard?

It depends on many factors, but it can be anywhere from a few months to a year, and sometimes longer. Generally speaking, the longer the trial, the longer it will take for the appeal to be heard. See Steps of an Appeal for more detailed information.

When will I know the outcome of the appeal?

After the appeal is heard, the court may take a brief recess and announce its decision right away. More often, however, the appeal court will “reserve” judgment, meaning that it will take some time to consider the case for both sides and render its decision at a later date. There is no way to know when that might be -- it could be days, weeks or months.
 
 
 The information provided in this website is intended for general purposes only and is not a substitute for legal advice on your specific case.
Consult a licensed professional to discuss the circumstances of your particular case.
  Please call or e-mail for further information or a free initial consultation on any criminal appeal matter.
416-357-5575
yuen@criminallawappeals.ca
 
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