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An appeal is an application to review a matter that has been decided by a Court. The appeal is directed to the "higher" level of court above the level of the deciding court.

The venue for the appeal depends on the venue of the original proceedings.[1] Matters that are elected indictably are appealed to the Court of Appeal while matters that are summary conviction offences are appealed to the Supreme Court of the province.[2]

If the accused is prosecuted indictably but convicted of a lesser summary offence, the appeal is to proceed as if by indictment.[3]

  1. s. 813
  2. R v Edmunds, 1981 CanLII 173 (SCC), [1981] 1 SCR 233
  3. R v Yaworski (1959), 31 C.R. 55 (Man. C.A.)


See Also