I don’t agree with my provincial offences trial. Can I appeal?
Question & AnswerI don’t agree with my provincial offences trial. Can I appeal?
3. File a Notice of Appeal
To start an appeal, you need to fill out and file a Notice of Appeal. This notice says what part of your decision you’re appealing and your reasons for appealing.
You can get the Notice of Appeal form from the court office where your trial took place.
You can get the forms you need from the municipal court office where your trial took place or from the provincial appeal court office. You can also get some of these forms online.
You must start your appeal within 30 days from the date of your decision.
If you need more time, you can ask for it by filing a form called an Application for Extension of Time to Appeal. You can file this form at the same time you file your Notice of Appeal. In your application, you should explain the reasons for your delay.
Serve and file your Notice of Appeal
You must file your Notice of Appeal with the court. For some kinds of convictions, you must also serve your Notice of Appeal on the prosecutor. Serving means giving the prosecutor a copy so that they know about the appeal.
If you were convicted of a Part I or II offence under the Provincial Offences Act, you have 30 days from the date of the decision to file your appeal, but you don’t need to serve the prosecutor. The appeal court will notify the prosecutor’s office.
For Part III offences, you have 30 days from the date of the decision to serve your Notice of Appeal on the prosecutor’s office that handled your conviction. You must then file your appeal with the appeal court within 5 days of serving the prosecutor. The appeal court will require you to show proof of service.
You can file your notice of appeal online, in person, or by mail. Keep a copy of all original documents you forward to the court for your records.
Pay any outstanding fines
If your sentence had a fine, you have to pay the fine before you can file your Notice of Appeal. File your receipt of payment with your Notice of Appeal.
If you aren’t able to pay the fine, you may apply to the appeal court to file your appeal without first paying the fine. If you want to do this, you must file a form called an Application to File an Appeal Without Paying the Fine. This form is available at the court office where your trial took place, or at the appeal court office.
You must give reasons about why you’re not able to pay your fine, for example, if you have a low income or are a student.
If you need to make an application to file an appeal without paying the fine and your appeal is filed more than 30 days after the decision date, you will also have to fill out an Order for Recognizance form. An Order of Recognizance is a promise to the Court to pay the fine if the appeal is dismissed.
Get a hearing date
You will get a Notice of Time and Place of Hearing in the mail with the date, time, and location of your appeal. Depending on the location, this date may be the actual appeal date or it may be a status hearing to determine whether the appeal can be resolved, and if not, what information and documents need to be provided before the appeal is heard. It is a good idea to contact the appeal court office to confirm what the process is.
If you know ahead of the scheduled appeal date that you can’t attend on that day, immediately contact the appeal court office to ask if, and how, the date can be rescheduled.