What is the Appeal Process?

The first step in an appeal is to order the transcripts of the trial under appeal. A court reporter records every word spoken in trial courts, and in order to appeal a conviction or sentence a written transcript of what happened will be needed. For a conviction appeal, a transcript of the whole trial is necessary, while for a sentence appeal, only the sentencing is needed. For long trials, it can take a number of months for the court reporter to prepare the transcripts.

Once the transcripts are ready, both the Crown and defence prepare a written argument called a factum. After each side files its factum, the case is argued in front of one judge for appeals in the Superior Court, or three judges for appeals in the Court of Appeal. Almost all appeals are argued in less than one day, with only especially complicated cases taking longer. The judge or judges hearing the appeal can either decide the case that day, or reserve their decision and deliver a judgment later.