Appeals by the accused or the Crown in summary conviction cases are based in Part XXVII of the Criminal Code, and the Criminal Procedures Rules, Part 5.
There are two types of appeals, both made to a single Justice of the Court of Queen’s Bench. The most common appeal falls under section 813 of the Code, which provides for appeals by the accused from conviction or order made against them, appeals by an accused or Crown from the sentence imposed, appeals by an accused or Crown from findings of unfitness or mental disorder and appeals by the Crown of an order staying proceedings.
The other type of appeal that is rarer, is appeal on transcript.
When the notice of appeal is filed, the Court will schedule a hearing date within the following 60 to 120 days.
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