crown appeals
In Canada, unlike in the United States, the Crown can appeal an acquittal (a finding at trial of not guilty) or a sentence.
The same procedural rules apply whether it is the Crown or the convicted person appealing. In order for the Crown to start an appeal, it must serve on you a Notice of Appeal within 30 days of sentence being imposed.
There is no need, however, to go through the process of getting bail. A Crown appeal does not revive the charge against you. If you were acquitted at trial, you remain acquitted and free to go about your business as usual until the appeal court orders otherwise.
If the Crown ultimately succeeds in convincing the appeal court that the trial judge committed a legal error serious enough to have affected the verdict, the appeal court will do one of two things: (1) send the case back to the lower court for a new trial to determine the charge(s) again; or (2) substitute a conviction for the acquittal. In the second scenario there is no new trial; you have been found guilty and a sentence will be imposed.
If you were convicted in the original court – whether at trial or following a guilty plea – and have been served with a Notice of Appeal against sentence, it means that the Crown is seeking more jail time and/or stricter conditions. While the appeal is pending, the original sentence remains in force.
In either case, you should contact an experienced criminal appeal lawyer as soon as possible. If you or a lawyer on your behalf does not respond, the appeal can be scheduled, heard and determined by the appeal court in your absence.
A final word of caution about Crown appeals: They must be taken very seriously. The Crown’s ability to appeal is strictly limited and therefore exercised very rarely. The Crown only appeals after a rigorous screening process involving three Crown counsel plus the director of the appeals office, called the Crown Law Office – Criminal. This office is made up of a large contingent of lawyers specifically dedicated to appeals who are amongst the most experienced criminal appeal lawyers in the country. With these formidable resources pitted against you, it is critical that you have an appeal lawyer with the same level of expertise on your side.
With over two decades of appeal experience, I can help. Contact me for a free consultation or learn more about my background here.
