Ministerial review of a wrongful conviction (s. 696.1)
An application to the Minister of Justice to review a conviction, with new evidence and legal submissions.
What is included
- Reviews the trial record, transcripts and reasons for possible grounds of appeal
- Files the notice of appeal or leave application, or a motion to extend time
- Applies for bail pending appeal where appropriate
- Writes the factum and argues the appeal
- Responds to an appeal brought by the Crown
What is not included
- Reports from toxicologists or other professionals, transcripts and other disbursements, unless the lawyer's retainer includes them
- An appeal or a later stage the lawyer has not agreed to in writing
- Related immigration, family or civil matters, unless the lawyer agrees to handle them
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- People convicted who believe there was an error at trial
- People who want to appeal a sentence
- People responding to a Crown appeal
Information to have ready
- 1The conviction and sentence details, including the sentencing date
- 2The name of the trial court and the judge
- 3Any transcripts, reasons or trial lawyer's file you have
- 4Your release or custody details
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $400–$800/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Should I speak to the police before I talk to a lawyer?
If you are arrested or detained you have the right to speak to a lawyer without delay, and you are usually not required to give a statement. Speak to a lawyer before saying anything about the allegations.
What happens if I miss a court date?
Missing a court date can lead to a warrant for your arrest and a further charge. If you cannot attend, contact a lawyer or the court before the date.
Can a criminal charge affect my immigration status?
It can. Some convictions and sentences may lead to loss of status or removal from Canada, so tell the lawyer about your status before any plea.
Can I get legal aid?
If your income is low and you face a possible jail sentence, Legal Aid Ontario may be able to help. You can ask any lawyer NEO names whether they accept legal aid certificates.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the Crown and the court make the key decisions
- You must attend court when required and follow every release condition while the case is ongoing
- Court dates and appeal deadlines keep running while you choose a lawyer
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