Criminal Appeals

Calgary Criminal Appeal Lawyers

What You Need to Know

A criminal conviction does not always mean the case is over.

If you have been convicted or sentenced in Alberta, you may have the right to appeal. You may challenge the conviction, the sentence, or both. An appeal asks a higher court to review what happened at trial and determine whether a legal error occurred.

An appeal is not a new trial. The Court of Appeal does not hear witnesses again or reconsider the case from the beginning. Instead, the court reviews transcripts, exhibits, and legal arguments to decide whether a material legal error affected the outcome.

Strict timelines apply. In most cases, a Notice of Appeal must be filed within 30 days of conviction or sentencing. Missing that deadline can complicate your case and may require special permission from the court.

If you are considering an appeal, early legal advice is critical.

How Criminal Appeals Work in Alberta

Criminal appeals in Alberta are governed by the Criminal Code of Canada and the rules of the Alberta Court of Appeal.

The proper appeal route depends on where your trial took place.

If your matter was heard in Provincial Court:

• Summary conviction appeals are generally heard in the Court of King’s Bench.
• Indictable matters proceed to the Alberta Court of Appeal.

If your trial was held in the Court of King’s Bench, your appeal proceeds directly to the Alberta Court of Appeal.

Each level applies specific standards of review. Appeals focus on legal errors — not on re-arguing the facts.

Understanding the proper forum and procedure is the first step in protecting your rights.

Grounds for Appeal

Appeals are based on identifiable legal errors. Common grounds include:

• An error of law made by the trial judge
• Improper jury instructions
• A misapprehension of material evidence
• A verdict that is unreasonable or unsupported by the
• evidence
• A violation of rights under the Canadian Charter of Rights and Freedoms
• A sentence that is demonstrably unfit
• An error in principle during sentencing

The appeal court will assess whether the error was significant and whether it affected the result. Not every mistake leads to a successful appeal. The issue must be legally sustainable and material to the outcome.

Careful review of transcripts and judicial reasons is essential before advancing any ground of appeal.

Sentence Appeals in Alberta

You may appeal your sentence even if you do not challenge the conviction.

Sentencing in Canada is governed by sections 718 to 718.2 of the Criminal Code. Judges must apply established principles, including proportionality, parity, and restraint.

A sentence may be appealed if:

• It is demonstrably unfit
• The sentencing judge applied the wrong legal principles
• The judge failed to consider relevant factors
• The judge considered improper factors

On a successful sentence appeal, the appellate court may:

• Reduce the sentence
• Substitute a different sentence
• Order a new sentencing hearing

In appropriate cases, an appeal can result in a meaningful reduction in custody or other penalties.

Bail Pending Appeal

If you have been sentenced to custody, you may apply for bail pending appeal.

This is not automatic. The court must be satisfied that:

• The appeal is not frivolous
• You will surrender into custody if required
• Your detention is not necessary in the public interest

Applications for bail pending appeal require careful preparation and persuasive legal argument. Timing is often critical.

Leave to Appeal

Some appeals require leave — permission from the appellate court — before they can proceed.

For example:

• The Crown must obtain leave to appeal a sentence.
• Certain summary conviction matters require leave.

Where leave is required, counsel must demonstrate that the proposed appeal raises an arguable issue of sufficient legal importance.

Appeals to the Supreme Court of Canada

In limited circumstances, a further appeal may be sought to the Supreme Court of Canada.

Most criminal appeals to the Supreme Court require leave. The Court grants leave only in cases raising issues of national legal importance.

Applications for leave must be precise, focused, and grounded in established appellate principles.

Implications of a Criminal Conviction

A criminal conviction carries serious consequences beyond the sentence imposed by the court.

These may include:

• A permanent criminal record
• Loss of employment opportunities
• Professional discipline or licensing consequences
• Immigration complications
• Travel restrictions, including difficulty entering the United States

If a legal error occurred during your trial, failing to appeal may leave those consequences in place permanently.

Appeals exist to correct errors of law. They are an essential safeguard within the criminal justice system.

The Appellate Process

Appellate work differs significantly from trial advocacy.

An appeal typically involves:

• Ordering and reviewing trial transcripts
• Identifying legally sustainable grounds of appeal
• Conducting research into binding appellate decisions
• Preparing written arguments (factums)
• Presenting structured oral submissions before a panel of justices

The written argument is often the most important component of the appeal. It must clearly identify the legal error and demonstrate how it affected the outcome.

Effective appellate advocacy requires discipline, precision, and deep familiarity with criminal jurisprudence in Alberta.

Strategic Considerations

Not every case should be appealed.

Part of responsible legal advice includes identifying when an appeal is unlikely to succeed. In some circumstances, alternative strategies may be more appropriate, including:

• Focusing solely on sentence reduction
• Negotiating resolution before an appeal is perfected
• Seeking leave to extend time for filing
• Applying for bail pending appeal while the matter proceeds

Each case requires individual assessment. The decision to appeal should be grounded in legal analysis, not emotion.

Criminal Appeal Lawyers in Calgary

Criminal appeals arising from Calgary proceed through Alberta’s appellate courts under strict procedural rules and timelines.

Local knowledge matters. Understanding how appellate courts in Alberta approach standards of review, Charter analysis, and sentencing principles informs strategic decisions at every stage.

Appeals demand precision. The focus is on the record, the law, and whether a material legal error occurred.

Call Us. We Can Help.

If you have been convicted or sentenced and are considering an appeal, contact Ross Lutz Dunn & Deshaye LLP to arrange a confidential consultation.

An appeal may be your opportunity to correct a legal error. Early review of your case can determine whether that opportunity exists.