4.2 Possible results of an appeal

Last Reviewed: June 2022 Reviewed by: JES

The appeal court may allow your appeal or it may dismiss it. If the appeal court allows your appeal, it can do one of three things:

  1. Acquit you.
  2. Order a new trial.
  3. Substitute a conviction for a different offence.

In most cases where the appeal court allows an appeal, it will order a new trial. The appeal court will generally only acquit someone if the evidence is so weak that a new trial couldn’t end in a conviction. If you are already in custody and the court orders a new trial, you’ll be kept in custody until your second trial, unless you can persuade the appeal court to grant you bail.

Appealing to the Supreme Court of Canada

If you want to appeal to the Supreme Court of Canada (SCC), contact the SCC Registry Office for information. Ask the registry office for their unrepresented criminal litigant appeals materials, or access the materials from the court’s website.

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