Introduction:
A conviction doesn’t always mean the end of the road. If you believe the trial was unfair, that errors were made, or that the outcome was unreasonable based on the evidence, you may have the right to appeal.
Appeals are not a “do-over,” but they are a vital part of the justice system. They exist to correct legal errors, safeguard trial fairness, and in some cases, overturn any wrongful convictions. In this article, our Calgary criminal defence team explains how the appeal process works in Alberta, when you can appeal, and what to expect if you do decide to move forward.
Table of Contents
What is an Appeal?
An appeal is a legal request to have a higher court review the decision made by a trial judge. It is not a new trial. You generally cannot present new witnesses or introduce new evidence, unless there are exceptional circumstances. The court will examine whether there were legal errors, procedural mistakes, or unreasonable conclusions made in the original decision. If such issues are found and are significant enough to have affected the outcome, the conviction can be overturned, and a new trial may be ordered.
When Can You File an Appeal?
If you’ve been found guilty of a criminal offence in Alberta, you do not have a lot of time to file your notice of appeal. In some circumstances, extensions can be granted, but you must provide justification for the delay. Both summary and indictable conviction appeals are available, though the process and venue may differ.
Grounds for an Appeal
You must have valid grounds to appeal a conviction. These may include:
- Errors in how the law was applied.
- The judge misdirecting the jury.
- The admission or exclusion of crucial evidence.
- A verdict that was not supported by the evidence.
Being unhappy with the result is not enough. The appeal must identify specific flaws in the process or reasoning that could have had an impact the outcome of the trial.
What Happens After You File an Appeal?
Once you file your notice of appeal, your lawyer will prepare written arguments, called briefs or factums, and will request the transcripts of the original trial. The appeal can be decided just based on these written submissions, although oral
arguments may also be presented in court.
If your appeal is successful, the appellate court may:
- Overturn the conviction and enter an acquittal.
- Order a new trial.
- Substitute a different, lesser conviction.
- Modify the sentence imposed.
If your appeal is dismissed, the conviction and sentence will remain in place.
Can You Be Released While Appealing?
Yes, in some cases, you can apply for bail pending appeal, especially if the sentence involves imprisonment. The court will consider whether the appeal does raise serious issues, whether you’re a flight risk, and whether releasing you would
undermine public confidence in the justice system. Bail during appeal is not automatic, but it can offer a crucial opportunity to remain free while your case is under review.
Why Legal Representation Is Critical:
Appeals are highly technical and require a deep understanding of legal reasoning, case law, and procedural rules. Your lawyer must be able to dissect the trial record, identify errors, and present compelling arguments that meet the criteria for appellate review. This is not the time to rely on self-representation. You’ll need focused, experienced appellate counsel to give you the best possible chance.
Final Thoughts:
If you’ve been convicted of a crime in Alberta and believe it was unjust, an appeal may be a path forward. But deadlines are short, and your chances of success depends on both timing and strategy.
At Shim Law, our criminal defence lawyers offer experienced, honest advice to individuals seeking an appeal. Whether you’re considering an appeal or need help understanding the options, we’re here to help assess your case with clarity and care.
Have questions about appealing? Contact our criminal law team: (825) 521-9666.
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