Appealing a Provincial Offences Conviction in Ontario
If you were convicted of a provincial offence, such as a traffic ticket or a by-law charge, and you think the court got it wrong, you may be able to appeal. Appeals are limited and the deadline is short, so start right away.
- A notice of appeal from a conviction or sentence under the Provincial Offences Act generally has to be filed within 30 days.
- An appeal asks a higher court to find a mistake. It is not a second trial.
- You usually need the transcript or recording of the trial, which can take time to order.
- If you are late, you may be able to ask for more time, but you must explain the delay.
What you can appeal
- A conviction, if there was a legal error or the verdict was unreasonable on the evidence.
- A sentence, such as a fine or penalty that was wrong in principle or excessive.
- A procedural unfairness that affected the outcome, such as not being able to present your case.
Where and when
Appeals from many provincial offence convictions go to the Ontario Court of Justice. The deadline is generally 30 days from the date of the conviction, order or sentence you are challenging. Check the notice you received and the court's instructions, since the process varies with the type of proceeding.
Steps
- Note the date of the decision and count the days right away.
- Complete the notice of appeal and file it at the court office where the conviction was made, with any fee, and serve the prosecutor as required.
- Order the transcript or recording of the trial so you can see what was said.
- Prepare your written argument, pointing to the specific errors you rely on.
- Attend the appeal hearing, where the judge reviews the record and hears submissions.
Possible results
- The appeal is dismissed and the conviction or sentence stays.
- The conviction is set aside and replaced with an acquittal, or a new trial is ordered.
- The sentence is reduced or changed.
Late appeals
If the 30 days have passed, you can ask the court to extend the time. You will have to show that you always meant to appeal, explain why you were late, and show that the appeal has some merit. The longer the delay, the harder it gets.
Common questions
Can I appeal if I pleaded guilty?
It is difficult, since a guilty plea is an admission. There are narrow exceptions, such as a plea made without understanding the consequences. Get advice before you plan on it.
Does the fine stop while I appeal?
Not automatically. Ask about a stay of the sentence or penalty when you file, and check whether demerit points or a suspension are involved.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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