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

5. Go to your hearing

There are usually several cases scheduled to be heard in the same courtroom on the same day. You must arrive at the courtroom on time but be prepared to wait for your case to be called.

Give yourself plenty of time to travel to the courthouse and find your courtroom.

It is a good idea to introduce yourself and let the prosecutor know that you’re ready for your appeal, and to give them a copy of your written materials.

What to bring to court

  • a pen and paper to take notes
  • copies of your Notice of Appeal
  • the transcript, if one was ordered
  • 3 copies of any court decisions you want to rely on

When you’re in court:

  • address any judge in the Ontario Court of Justice as “Your Honour”
  • stand when a judge enters or leaves the courtroom
  • stand whenever you’re speaking to a judge or a judge is speaking to you
  • do not interrupt when another party is speaking to a judge unless you’re asked something or want to make a valid objection
  • do not try to talk to the judge outside the court unless they order it

The hearing

The judge will hear from the parties. You will be first to speak and present your arguments. The prosecutor goes after you. The prosecutor may or may not be the same person you dealt with on your trial date.

After the prosecutor speaks you can give a reply. The purpose of a reply is to address issues raised by prosecutor that you did not talk about. You cannot repeat things.

The judge may ask you questions throughout the hearing.

Get a decision

The appeal judge may make a decision on the day of the appeal hearing or may schedule another hearing date to deliver the decision. Sometimes, the appeal judge will send the parties the appeal decision in writing.

The following can happen at an appeal:

  • the appeal is allowed
  • the appeal is dismissed
  • the trial decision is modified, for example the sentence is changed
  • a new trial is ordered
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