If after we go to trial the verdict doesn’t turn out the way you’d like, you have the option to appeal and head to the appellate court. There are three appeals courts in Canada, including the Court Martial appeal court, the Provincial Court of Appeal, and the Federal Court of Appeal. If you have to appeal beyond these courts, your case could head to the Supreme Court of Canada.
The appellate court’s job is to look at your case and the judgment given. After reviewing the decision that was rendered by the lower court, the appellate may decide that the case should be dismissed, overturned, or sent for a retrial. Each of the above appellate courts only works with courts directly below them, so if you have a federal case, you’ll end up in the Federal Court of Appeal, not the Court Martial.
Deciding if you want to appeal your case isn’t always easy, but there are some factors to consider. First, we need to discuss how much longer it will take to send your case through the appeals court. That time is time you can’t get back, and it can be emotionally draining. Cases can take years in the courts in some instances, and an additional appeal could add a year or more to that already long process. The emotional and financial strain of this process is something to consider carefully.
If there is new evidence or evidence that wasn’t allowed in your case, you may be able to appeal to get it included and to have a retrial. If the judge who was overseeing the case made a serious mistake or didn’t follow the law, then an appeal is a good decision. Judge’s mistakes, like failing to consider important pieces of information and evidence, failing to allow expert testimony, or showing an obvious bias, all can be appealed.
With a jury trial, it can be more difficult to appeal, since a greater number of people will have come to the same verdict. If it can be shown that the jury was biased or that the evidence you had wasn’t shown, failing to allow you to defend yourself properly, you may have a case for a retrial or for the trial to be dismissed.