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. 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.
If the accused is prosecuted indictably but convicted of a lesser summary offence, the appeal is to proceed as if by indictment.
One of the roles of appellate level courts is to "rein in overly elastic interpretation ... provided the courts stop short of judicial amendment".
- Right of Appeal of Verdicts or Sentences for Indictable Offences
- Right of Appeal of Verdicts or Sentences for Summary Offences
- Standard of Appellate Review
- Grounds of Appeal from Verdicts
- Grounds of Appeal from Sentence
- Appeals Other Than Verdicts or Sentences
- Appeal Procedure
- Representation and Attendance on Appeal
- Appellate Evidence
- Interim Remedies Pending Appeal
- Right of Appeal of a Summary Conviction Appeal Decision
- Appeals to the Supreme Court of Canada
- Appeals Relating to Young Persons
673 In this Part,
"indictment" includes an information or charge in respect of which a person has been tried for an indictable offence under Part XIX; (acte d’accusation) registrar means the registrar or clerk of the court of appeal; (registraire)
"trial court" means the court by which an accused was tried and includes a judge or a provincial court judge acting under Part XIX. (tribunal de première instance)
R.S., 1985, c. C-46, s. 673; R.S., 1985, c. 27 (1st Supp.), ss. 138, 203, c. 23 (4th Supp.), s. 4, c. 42 (4th Supp.), s. 4; 1992, c. 1, s. 58; 1993, c. 45, s. 10; 1995, c. 22, s. 5, c. 39, ss. 155, 190; 1996, c. 19, s. 74; 1999, c. 5, ss. 25, 51, c. 25, ss. 13, 31(Preamble); 2002, c. 13, s. 63; 2005, c. 22, ss. 38, 45; 2006, c. 14, s. 6; 2013, c. 11, s. 2.