About Criminal Appeals

This is a document advising the Crown and the appeal court that you intend to appeal your conviction and/or sentence and what legal issues you will be raising. The Notice of Appeal can be filed any time after you have been found guilty by the trial court but no later than 30 days from the date that you were sentenced.

An application for bail pending appeal can be heard in the appeal court any time after sentence is imposed. Read more here or click here to watch a slideshow about bail pending appeal.

The transcript is a word-for-word reproduction of everything that was said during the trial. It can take several months for the transcripts to be produced by the court reporter, depending on the length of the trial. There is limited case preparation that can be done without the transcripts.

The court file and all exhibits from the trial are forwarded from the trial court to the appeal court. This usually takes several weeks.

Once the Original Exhibits have been forwarded to the appeal court, the appellant (the party bringing the appeal) must compile them into Appeal Books for all parties and the court. Together with the transcripts, this material sets out everything that happened at the trial and represents ‘the record.’ The case on appeal is limited to what is contained in the trial record. That is, no new witness testimony or other evidence is allowed (except in the most exceptional circumstances). 

The party bringing the appeal will summarize the trial record and detail its legal arguments in a document called a factum, which is provided to the other side (the respondent) and the court well in advance of the hearing. Preparing and writing the factum comprises the overwhelming bulk of the work on an appeal and is the most critical step in the process. It defines the entire case and is the framework by which the appeal judge(s) will approach the case.

At this point the appeal is 'perfected,' which means ready to be listed for hearing. The appellant contacts the scheduling office to obtain a date on which the appeal will be heard. This is typically three or more months down the road depending on the court's schedule and the size of appeal. 

After receiving the appellant’s factum, the responding party will set out its position in its own factum responding to the issues raised by the appellant. This will be served on the appellant and filed with the appeal court prior to the hearing.

Also referred to as “oral argument,” the hearing takes place after all the materials have been filed. Each party is assigned a time limit in which to present its case to the appeal court and to answer any questions the judge(s) may have. 

The court may announce its decision on the same day as the hearing, but often it will reserve judgment. This means that it will take some time to consider the parties’ arguments and issue its decision, contained in a written judgment, at a later date. This may take days, weeks or months.