The appeals process in Canada is a way for people to challenge decisions made by courts, tribunals, and other decision-makers. It is an important part of Canada’s legal system, as it allows people to seek justice even if they are not satisfied with the initial outcome of their case.
Who can appeal?
Any person who is affected by a decision of a court, tribunal, or other decision-maker can appeal that decision. This includes people who have been convicted of a crime, people who have been denied government benefits, and people who have lost a civil lawsuit.
What can be appealed?
A wide range of decisions can be appealed, including decisions about:
- Criminal convictions and sentences
- Family law matters, such as child custody and divorce
- Immigration and refugee matters
- Employment matters
- Government benefits
- Administrative law matters
How to appeal
To appeal a decision, you must file a notice of appeal with the appropriate court or tribunal. The notice of appeal must be filed within a certain time period, which varies depending on the type of decision you are appealing. Usually, the time frame is quite short so delay may prevent you from exercising this right. Also, in some cases the higher Court must give you leave, or permission to appeal. In some cases, it is on automatic right.
Once you have filed a notice of appeal, you will need to prepare your appeal. This involves writing a factum, which is a document that explains your grounds for appeal. You may also need to file other documents, such as transcripts of the original hearing and affidavits, as well as a Legal Brief with application case decisions.
The appeal hearing
The appeal hearing will be held in front of a judge or panel of judges. At the hearing, you will have the opportunity to present your case to the court. The other party to the appeal will also have the opportunity to present their case.
The outcome of the appeal
After the appeal hearing, the judge or panel of judges will make a decision. They can either uphold the original decision, overturn the original decision, or send the case back to the original decision-maker for reconsideration.
Appealing to the Supreme Court of Canada
If you are not satisfied with the outcome of your appeal, you may be able to appeal to the Supreme Court of Canada. However, the Supreme Court of Canada only hears a small number of cases each year. To appeal to the Supreme Court of Canada, you must first file an application for leave to appeal. If the Supreme Court of Canada grants leave to appeal, your case will be scheduled for a hearing.
Conclusion
The appeals process in Canada is an important part of the legal system. It allows people to challenge decisions made by courts, tribunals, and other decision-makers. If you are not satisfied with the outcome of a decision and believe mistakes were made, you should speak to a lawyer to discuss your options at the very earliest opportunity.
Here are some additional tips for appealing a decision:
- Be prepared to file your notice of appeal within the required time period.
- Gather all of the relevant documents, such as transcripts of the original hearing and affidavits.
- Write a clear and concise factum that explains your grounds for appeal.
- Be prepared to present your case convincingly to the court at the appeal hearing.
- If you are not satisfied with the outcome of your appeal, consider speaking to a lawyer about appealing to the Supreme Court of Canada.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.