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Appeals and Re-openings

PROVINCIAL OFFENCES COURT APPEAL PROCEDURES INFORMATION FOR DEFENDANTS

Important Note: This general information is provided for your assistance only. For specific information please refer to the Provincial Offences Act, or obtain Legal advice.

PRIOR TO FILLING OUT YOUR APPEAL DOCUMENTS, YOU SHOULD ASK YOURSELF THE FOLLOWING QUESTIONS:

1. WHAT AM I APPEALING?

2. WHY DO 1 BELIEVE I AM NOT GUILTY OF THIS OFFENCE? WHY DO 1 BELIEVE THE PENALTY IS TOO HIGH?

3. AM I ABLE TO PAY THE FINE IN ORDER TO BRING AN APPEAL?

4. IF THIS IS AN APPEAL FROM A CONVICTION AT TRIAL, AM I ABLE TO PAY THE COST OF THE TRANSCRIPTS?

5. AM I OUT OF TIME TO BRING AN APPEAL?

NOTICE OF APPEAL:

The Notice of Appeal is a one page document which you should read carefully prior to completing. You will want to consider the following:

(a) What are you appealing? For example: Are you appealing the conviction, the sentence (penalty) or both?
Once you have determined what you are appealing, you must consider what your grounds of appeal are. In other words, why should a Court grant the appeal? Did you miss your court date and believe you have a defence? Do you admit that you were guilty but believe that the penalty is too high?

Whatever your grounds, they must be set out in the Notice of Appeal in a clear and easily understood manner so that both the Prosecutor and the Judge hearing the appeal can easily determine whether the appeal should, be opposed or consented to/granted or dismissed.

MANDATORY PAYMENT OF FINE:

The Provincial Offences Act requires that you pay any penalty arising out of the decision appealed from before the Court is allowed to accept your Notice of Appeal for filing.

Please have your receipt available, or pay the fine when filing your Appeal What if I can`t pay the Fine?

A Judge of the Ontario Court of Justice may allow you to file your Appeal without paving the fine. You must apply for an Order. If the Judge allows your Application, you will be required to enter into a Recognizance before a Justice of the Peace.

An application to bring an Appeal without paying the tine will be opposed by the Prosecutors unless you have provided sufficient information regarding your financial circumstances to adequately show the Prosecutors that you have a financial hardship.

NOTE: The Court staff is not permitted to accept your Appeal unless you pay the fine, or obtain an Order and enter into the Recognizance

TRANSCRIPTS:

You must order a transcript for all Appeals from Part 111 convictions.

Although not specifically required by the Rules, the local practice is to order a transcript in Part 1 Appeals, when a trial has been held, or following a Walk in Guilty plea.

A deposit of S50-100 will be required when the transcript is ordered.

TIME LIMITS:

The Appeal must be filed within 15 days after the making of the Decision appealed from if the Proceedings were commenced by Certificate of Offence (Part 1 Ticketed Proceedings).

The time limit is 30 days for Proceedings commenced by Information (Part 111 Proceedings).

Extension of Time:

You may apply to a Judge for an Order extending the time for Appeal.

This is the same proceeding as applying for an Order to waive the fine payment in order to bring the Appeal. Your application must set out a reasonable explanation as to why you did not or could not, bring the appeal in time, otherwise; the Prosecutor will oppose the Application.

WHAT HAPPENS NEXT:

If you do not require an Order extending time or an Order for Non Payment of the fine, you will receive a Notice of Time and Place of Hearing of Appeal. Your attendance is required at the hearing of the Appeal.

IF AN APPEAL IS MARKED AS ABANDONED BECAUSE OF THE APPELLANT`S FAILURE TO ATTEND, ANOTHER APPEAL CANNOT BE BROUGHT BEFORE THAT COURT AND WOULD HAVE TO BE MADE TO THE COURT OF APPEAL REQUIRING LEGAL REPRESENTATION If you require an Order extending time or non-payment of the fine, and the Prosecutor is opposed, you will receive a Notice of Hearing of your Application. Your attendance at the hearing of the Application is required or the Application will be considered abandoned.

PLEASE BE AWARE THAT COURT STAFF ARE AVAILABLE TO ASSIST YOU, HOWEVER, THEY CANNOT GIVE LEGAL ADVICE AND THEY CANNOT COMPLETE THE APPEAL DOCUMENTS ON YOUR BEHALF.

If you do not understand the procedures as set out above, you may wish to seek Legal advice.