I don’t agree with my provincial offences trial. Can I appeal?

1. Understand the reasons for appealing

You don’t need permission before starting your appeal. But, you must show there was some kind of error. Some common errors are:

  • Error in law: The decision is wrong because the Justice of the Peace got the law wrong. For example, the Justice of the Peace did not consider a valid defence.
  • Error in fact: The decision is wrong because it is not supported by the facts and evidence. For example, the Justice of the Peace convicted you for speeding but there was no evidence about the posted speed limit.
  • Ineffective counsel: Your lawyer or paralegal made a serious error. You must contact your legal representative and give them an opportunity to give an explanation to the appeal court.
  • Complaint about the Justice of the Peace’s behaviour: The Justice of the Peace acted in a way that appeared unfair.
  • Fresh evidence: In very limited circumstances, an appeal judge may allow new evidence, called “fresh evidence”, to be introduced for the first time on appeal.
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