Ottawa Appeals Lawyer

A conviction or a harsh sentence at trial is not always the end of the road. If a legal error affected the result, you may be able to challenge the decision in a higher court. Appeals are technical and the deadlines are strict, so it is important to get advice quickly. Brett McGarry is an Ottawa criminal defence lawyer who handles conviction and sentence appeals.

Call 613-884-8576 for a free consultation about your appeal.

What Is a Criminal Appeal?

An appeal is a request to a higher court to review what happened at trial. An appeal is not a new trial and is not a chance to simply re-argue the facts. Instead, the appeal court reviews the trial for legal errors and decides whether the conviction or sentence should stand, be changed, or be set aside, sometimes ordering a new trial.

Conviction Appeals and Sentence Appeals

There are two main types of appeal. A conviction appeal argues that the finding of guilt should be overturned, for example because of a legal error or an unreasonable verdict. A sentence appeal argues that the sentence imposed was too harsh or otherwise not fit, while leaving the conviction in place. In some cases both are pursued together.

Appeal Routes: Summary and Indictable Offences

The route an appeal takes depends on how the case was prosecuted. Appeals from summary conviction matters are generally heard in the Superior Court of Justice, while appeals from indictable matters are heard in the Court of Appeal for Ontario. Identifying the correct route and court is an important first step.

Grounds of Appeal

An appeal must be based on a recognized ground, not simply unhappiness with the result. Common grounds include:

• An error of law by the trial judge, such as a mistake in the legal test or the instructions
• A verdict that no properly instructed jury or judge could reasonably have reached
• A miscarriage of justice
• Errors in how evidence was admitted or excluded
• Fresh evidence that was not available at trial, in limited circumstances

Bail Pending Appeal

If you have been sentenced to custody, you may be able to be released on bail while your appeal is decided. This is called bail pending appeal, and it requires showing that the appeal is arguable, that you will surrender into custody as required, and that your release is not contrary to the public interest. We can move quickly to seek release while the appeal moves forward.

The Appeal Process and Deadlines

Appeals run on strict timelines, and the time to file a notice of appeal is short. The process involves ordering the trial transcripts, preparing written arguments called factums, and an oral hearing before the appeal court. Because the deadlines are firm and the record from trial is central, it is important to contact a lawyer as soon as possible after a conviction or sentence.

How Brett McGarry Can Help

Appeals reward careful analysis of the trial record and focused legal argument. Brett McGarry reviews what happened at trial, identifies viable grounds, and prepares the written and oral argument for the appeal. See the Track Record for examples of recent results.

Areas We Serve Across Ottawa and Eastern Ontario

Brett McGarry handles criminal appeals for clients across Ottawa and Eastern Ontario, including those convicted at the Elgin Street courthouse and in surrounding communities such as Kanata, Nepean, Orléans and beyond. Appeals are heard in the Superior Court of Justice and the Court of Appeal for Ontario, and we assist clients in English and French.

Criminal Appeals FAQ

How long do I have to file an appeal?

The time to file a notice of appeal is short, often within 30 days, and it varies with the type of case. Because the deadline is strict, you should speak to a lawyer right away.

Is an appeal a new trial?

No. An appeal is a review of the trial for legal errors, not a chance to re-argue the facts or present the case again from the start.

Can I appeal only my sentence?

Yes. You can appeal the sentence on the basis that it was not fit, while leaving the conviction in place, or you can appeal both the conviction and the sentence.

Can I be released from jail while my appeal is decided?

Possibly, through bail pending appeal, if the appeal is arguable, you will surrender as required, and your release is not contrary to the public interest.

What are the chances of winning an appeal?

It depends entirely on the trial record and the grounds available. After reviewing the transcripts, we can give you a realistic assessment of whether there are viable grounds.

What happens if my appeal succeeds?

Depending on the case, the appeal court may set aside the conviction, order a new trial, or vary the sentence.

Contact an Ottawa Appeals Lawyer

If you are considering an appeal of a conviction or sentence, contact Brett McGarry promptly so the deadlines are protected. Call 613-884-8576 or contact us online.

For more questions about criminal appeals in Ottawa, see our criminal law FAQ.

This page provides general information about the law in Canada and is not legal advice. Appeal deadlines are strict and every case depends on its own facts, and past results do not guarantee future outcomes.