In Canada, parties in a legal case who lost in first instance, including in criminal matters, have access to appeal courts, the function of which is to correct errors, and clarify the law.
Typically, a court of appeal will intervene if there is an error of law affecting the outcome, or if there is a palpable and overriding error in the judge appreciation of the facts. For example, in criminal matters, a court of appeal may intervene if the accused can show that the judge made a legal error during the trial, that there was not enough evidence to support the conviction, or that the sentence was far more onerous than is usual in similar cases.
If an appeal is allowed in criminal matters, the appeal court has five options:
- Dismiss the appeal - The original trial was conducted properly, the evidence supported the conviction, and the sentence was appropriate.
- Order a new trial - The trial was not fairly or properly conducted, or a significant error of law was made.
- Find the accused guilty - When the accused was found not guilty, the appeal court can overturn this decision and find the offender guilty of an offence. The Court will then also sentence the offender. If a jury acquitted the accused, the appeal court’s powers are limited to ordering a new trial.
- Acquit the accused - When an accused was found guilty by a lower court, the Appeal Court may overturn that decision and find the accused not guilty.
- Modify the sentence. The appeal court can make a sentence more or less severe and remove or add penalties such as fines or probation. The factors that the Court will consider include if the sentence is in keeping with sentences imposed in similar cases, the nature and seriousness of the crime, its impact on the victim, and the character and criminal history of the offender.