1. Appeals

2. Introduction
Purpose of appeal is to have a trial or a portion of a trial reviewed by a higher court
First established in 1923
BC Court of Appeal hears appealed cases
Judges for this court are usually appointed from lower courts

3. Procedure - General
Either Crown or defence can apply for appeal (must do so within 30 days of trial’s completion)
Judges will grant (approve) an appeal if there appears to be merit (good reason) to proceed
Party making appeal = appellant
Other party = respondent

4. Procedure – Summary Convictions
Two methods:
1. Defence appeals
Sentence
Conviction
Verdict (unfit to stand trial, not criminally responsible)
2. Crown appeals
Verdict (given of unfit to stand trial, not criminally responsible)
A dismissal of a case

5. Procedure – Summary Convictions
Appeals are brought on a basis of either:
QUESTION OF FACT – evidence of case
QUESTION OF LAW – whether evidence should have been admitted
Transcripts are used to review case (forwarded to court by appelant)
If transcript is unusable, a trial de novo (a new trial) can be ordered

6. Procedure – Summary Convictions
2nd type of appeal: brought on purely a question of law or jurisdiction (instead of question of fact or mixed law & fact)
This type of appeal heard in appeals division of Supreme Court of BC by one judge
Appeal reviewed through transcript and agreed statement of fact

7. Procedure – Indictable Offences
Accused can appeal conviction for:
A question of law
Question of fact or mixed law and fact
Any other grounds (granted by court)
Accused can appeal sentence also
All appeals by accused (except question of law alone) must be granted by court in order to proceed to Appeals court

8. Procedure – Indictable Offences
Crown can appeal:
An acquital
An order that quashes an indictment or stays proceedings
Sentence

9. Procedure – Indictable Offences
Documents to be submitted for appeal:
Transcripts from trial of evidence
Charge to jury, reasons for decision
A factum (summarizing appelant’s and respondent’s positions towards appeal – submitted separately by each)
New evidence is only presented at appeal if relevant, credible and could affect result in trial

10. Procedure – Indictable Offences
3-5 judges hear appeal
Decision made based on majority ruling (whichever side is favoured by the most judges)
Majority explains their decision (in writing)
Dissenting also explain their reasons

11. Appeals to Supreme Court of Canada
Only appeals based on questions of law may be brought before Supreme Court of Canada
Appeals accepted based on:
Provincial appeal court agreed with conviction, but at least one judge dissented
Provincial court overruled an acquital
In trying more than one accused jointly, where other was considered acquited
Accused found not criminally responsible, and upheld or imposed by appeal court

12. Decisions of Appeal Courts
Whatever decision is made, stare decisis (to stand by previous decisions) the lower courts must follow
If appelant unsuccessful, case dismissed
This may happen even if evidence/transcript shows errors in trial, so long as errors were not serious enough to create a miscarriage of justice

13. Decisions of Appeal Courts
Appellant may be successful if:
Evidence does not support verdict
Error of law was made during trial
Miscarriage of justice made
If appellant successful:
New trial ordered, or
Judgement of trial court changed (if trial by judge alone)
Retrial ordered (if trial by judge and jury)
Case remitted to trial court and directed to impose a sentence