Facing a criminal conviction can be overwhelming, but in Alberta, a conviction does not always mean the end of the road. If errors were made during your trial, you have the legal right to challenge the outcome through an appeal.
Working with an experienced criminal appeal lawyer in Edmonton can help you navigate the complex appeals process and fight for a fair result.
In this guide, we’ll walk you through what a criminal appeal is, the grounds for appealing a conviction, the steps involved, possible outcomes, and why choosing the right appeal lawyer matters.
Understanding Criminal Appeals In Alberta
Before deciding to pursue an appeal, it is important to understand what criminal appeals entail under Canadian law.
What Is A Criminal Appeal?
A criminal appeal is not a new trial. Instead, it is a legal process where a higher court reviews the decision of a lower court to determine if a legal error affected the outcome.
Appeals are based on specific grounds outlined in Sections 675 to 683 of the Criminal Code of Canada.
The goal of an appeal is to correct errors of law, procedural mistakes, or issues with how the verdict was reached. It is not about presenting new evidence or rearguing the case facts.
Who Can Appeal A Criminal Conviction?
Both the convicted individual (defendant) and the Crown (prosecution) have the right to appeal.
- A defendant may appeal a conviction, sentence, or both.
- The Crown can appeal an acquittal or a sentence they believe is too lenient.
In most cases, appeals must be filed quickly, typically within 30 days after sentencing, according to the Alberta Rules of Court.
Grounds For Appealing A Criminal Conviction In Alberta
Appeals are not granted simply because someone is unhappy with the verdict. There must be clear legal grounds for challenging a conviction.
Common Grounds For Appeal
| Ground | Explanation |
| Error of Law | The judge made a mistake in applying or interpreting the law. |
| Unreasonable Verdict | The verdict is not supported by the evidence. |
| Procedural Errors | Mistakes during the trial, such as improper jury instructions. |
| Ineffective Assistance of Counsel | Defence counsel made critical errors impacting the trial outcome. |
These grounds are supported by Section 686(1)(a) of the Criminal Code, which governs the powers of appeal courts.
Examples Of Legal Errors That May Warrant An Appeal
- Misinterpreting the meaning of consent under Section 273.1 in a sexual assault trial.
- Failing to properly admit or exclude crucial evidence under Section 24(2) of the Canadian Charter of Rights and Freedoms.
- Inadequate jury instructions on how to apply reasonable doubt.
Identifying these errors is essential, and it is where a skilled criminal appeal lawyer in Edmonton proves invaluable.
How The Criminal Appeal Process Works In Alberta
Understanding the appeal process can help you make informed decisions and reduce unnecessary stress.
Filing A Notice Of Appeal
The first step is filing a Notice of Appeal within 30 days of the sentencing date. This notice outlines the grounds for the appeal and is submitted to the appropriate appellate court.
Preparing The Appeal Record And Factum
Next, your lawyer prepares an Appeal Record, a detailed set of documents including transcripts of the trial proceedings.
They also submit a Factum, a written argument explaining why the conviction or sentence should be overturned based on legal grounds.
Oral Hearing Before The Appeal Court
During the oral hearing, both sides present arguments. The appeal court judges will focus solely on whether a legal error occurred; they do not rehear witnesses or reexamine evidence.
According to the Court of Appeal Act, appellate courts in Alberta only intervene if the error had a material effect on the outcome of the case.
Possible Outcomes Of A Criminal Appeal In Alberta
Appeals can lead to different results depending on the case specifics and the court’s findings.
Options After An Appeal
| Outcome | Explanation |
| Conviction Overturned | The court may acquit the defendant. |
| New Trial Ordered | A new trial may be ordered if the original was unfair. |
| Sentence Modified | The appeal court may increase or decrease the sentence. |
| Appeal Dismissed | If no significant error is found, the appeal will be denied. |
Appeals are complex, and outcomes are highly fact-dependent. Engaging a knowledgeable criminal defence lawyer in Edmonton significantly improves your chances.
Why You Need An Experienced Criminal Appeal Lawyer In Edmonton
Criminal appeals require different skills from trial defence. You need a lawyer who understands appellate law and can present compelling legal arguments to the court.
Specialized Knowledge Of Appellate Law
Appellate law demands a deep understanding of how to interpret legal errors and procedural issues. An experienced criminal appeal lawyer in Edmonton will know how to craft persuasive arguments supported by case law and legislation.
Strong Advocacy To Maximize Chances Of Success
Success on appeal often depends on presenting a clear, focused argument. Your lawyer must be able to:
- Identify reversible errors
- Draft effective factums
- Deliver strong oral submissions
- Navigate appellate court procedures confidently
Choosing The Right Criminal Appeal Lawyer In Edmonton
Not every lawyer has experience with appeals. Selecting the right representative can make all the difference.
Qualities To Look For In A Criminal Appeal Lawyer
- Proven Experience: History of successful criminal appeals in Alberta.
- Strong Research Skills: Ability to uncover errors overlooked at trial.
- Clear Communication: Ability to simplify complex legal issues for the appeal judges.
- Focused Practice: Specializes in criminal law and appellate work.
Your future deserves nothing less than a dedicated, experienced legal advocate.
Contact Slaferek Law For Criminal Appeals In Edmonton
If you believe a legal error affected your conviction or sentence, you still have options. Slaferek Law provides strong, strategic representation for criminal appeals across Edmonton and Alberta. With deep expertise in appellate law and over two decades of criminal defence experience, Darin Slaferek helps clients challenge unfair convictions and pursue justice.
Take action today. Contact Slaferek Law to book your confidential virtual consultation.