Short answer: An appeal exists to have a higher court review whether a trial decision was legally correct, and must be based on a legal error, not just disagreement with the outcome. Appeal courts do not rehear evidence and defer to the trial court on credibility, and Canada has three levels of appeal, ending with the Supreme Court, whose rulings bind every court in the country.
The appeal process in Canada exists to allow a trial decision to be reviewed by a higher-level court and ensure the decision was legally correct and prevent injustices. An appeal needs to be based on interpretations of the law, or overriding errors in judgment, where the decision could not have been supported by the evidence presented at trial. Appeals will not be entertained simply because the decision was not in someone’s favour. Following a trial, the losing party has a limited amount of time to initiate an appeal. The other party may also initiate a cross-appeal to challenge part of the trial decision despite the earlier success.
How it Works
Appeal courts are structured differently than trial courts. Appeal courts do not re-hear the
evidence and the accused is usually not present. Appeal courts defer to trial court decisions when it comes to assessing the credibility of evidence and testimony except in cases of an overriding error by the trial court. Instead, appeals involve a panel of judges (known as justices) who hear arguments from the opposing lawyers. The lawyers focus on arguing the merits of the applicable laws and how those laws should be interpreted in the given situation. Although the case is centered on a certain individual, the appeal is more about what the law should be in similar cases in the future.
Appeals can produce a few different results. First, the appeal court can uphold the trial
decision. Second, it has the authority to replace the trial decision with its own. But if the appeal court determines that the original trial was faulty, it can also order that a new trial take place.
Appeal courts do not accept every appeal and only review the most serious cases and those with broader societal implications. Appeal decisions must be thoroughly considered and prepared because they are binding upon lower courts within the jurisdiction. As an example, decisions from the Supreme Court of Canada are binding upon all courts in the country, but decisions of the Alberta Court of Appeal are binding only within Alberta. In Canada, there are three levels of appeal.
Appeal from Summary Conviction
The first level of appeal allows a summary conviction from the provincial lower court to be
reviewed by the superior court in the province. The matter can be adjudicated by a court with more authority before it reaches the provincial Court of Appeal. In Alberta, the superior court is called the Court of Queen’s Bench.
The Provincial Court of Appeal
For all other appeals, including indictable convictions, appeals are handled by the Court of
Appeal. The Court of Appeal consists of three justices who review court decisions from across the province. In most cases, the appeal will end here. However, in some situations, such as a reversal of an acquittal or a split decision (where one of the justices disagrees with the other two) the case may be granted the right to be heard by the Supreme Court of Canada.
The Supreme Court of Canada
The Supreme Court of Canada consists nine justices who represent the various regions of the country. The Supreme Court focusses on issues of the greatest importance and that require national direction to alleviate legal discrepancies that have arisen the provinces. The Supreme Court is the highest court in the country and its decisions cannot be appealed.
Need more information? Contact the team at Dawson Criminal Defence to speak to an attorney.