Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing a client convicted of an indictable offence who wishes to appeal their conviction, sentence, or both. It provides the procedural roadmap for appellants to challenge trial-level errors.
Jurisdiction: Court of Appeal for Ontario.
The Process at a Glance: The appeal process begins with serving and filing a Notice of Appeal within 30 days of sentencing. The appellant must then requisition the trial transcripts and assemble the appellate record. Next, the appellant files their Factum and Appeal Book to perfect the appeal. The appellant may also seek judicial interim release (bail) pending the appeal, provided they have surrendered into custody. Finally, the court hears oral arguments to determine whether a reversible error of law, an unreasonable verdict, or a miscarriage of justice occurred.
Key Legislation and Case Law: Appeals are governed by Part XXI of the Criminal Code (R.S.C. 1985, c. C-46), ss 673-696. Bail pending appeal requires satisfying the tripartite test under s 679 and surrendering into custody (R. v. Charizanis (2023)). Fresh evidence applications follow the Palmer-Barendregt standard (Barendregt v. Grebliunas (2022 SCC 22)). See for the Criminal Code and for electronic filing.
Use this plan when representing an appellant in British Columbia appealing an indictable conviction or sentence to the Court of Appeal. It follows BC's specific procedural timelines, transcript requisition rules, and compliance mechanisms.
Use this plan when representing an appellant in Newfoundland and Labrador appealing an indictable conviction or sentence. This pathway reflects the specific service and transcript requisition rules of the Supreme Court of NL (Court of Appeal).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Indictable Offence Appeal (Appellant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Appellate Proceedings process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Extension of time under s 678(2) Criminal Code requires meeting a multi-factored test: bona fide intention to appeal within the 30 days, explanation for delay, no prejudice to Crown, arguable merits, and interests of justice.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
In R. v. Charizanis (2023) ONCA, the court held that an appellant at liberty under a prior bail order is not "in custody" for s 679 purposes. However, a conditional sentence order is a form of custody ().
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Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Under s 679(3) Criminal Code, the appellant must establish: (1) Appeal is not frivolous, (2) Will surrender into custody, (3) Detention is not necessary in the public interest (balancing reviewability and enforceability).