Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-08-05 and last amended on 2014-07-11. Previous Versions

Right of Appeal

Marginal note:Procedure abolished

 No proceedings other than those authorized by this Part and Part XXVI shall be taken by way of appeal in proceedings in respect of indictable offences.

  • R.S., c. C-34, s. 602.
Marginal note:Right of appeal of person convicted
  •  (1) A person who is convicted by a trial court in proceedings by indictment may appeal to the court of appeal

    • (a) against his conviction

      • (i) on any ground of appeal that involves a question of law alone,

      • (ii) on any ground of appeal that involves a question of fact or a question of mixed law and fact, with leave of the court of appeal or a judge thereof or on the certificate of the trial judge that the case is a proper case for appeal, or

      • (iii) on any ground of appeal not mentioned in subparagraph (i) or (ii) that appears to the court of appeal to be a sufficient ground of appeal, with leave of the court of appeal; or

    • (b) against the sentence passed by the trial court, with leave of the court of appeal or a judge thereof unless that sentence is one fixed by law.

  • Marginal note:Summary conviction appeals

    (1.1) A person may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a summary conviction or a sentence passed with respect to a summary conviction as if the summary conviction had been a conviction in proceedings by indictment if

    • (a) there has not been an appeal with respect to the summary conviction;

    • (b) the summary conviction offence was tried with an indictable offence; and

    • (c) there is an appeal in respect of the indictable offence.

  • Marginal note:Appeal against absolute term in excess of 10 years

    (2) A person who has been convicted of second degree murder and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of ten may appeal to the court of appeal against the number of years in excess of ten of his imprisonment without eligibility for parole.

  • Marginal note:Appeal against section 743.6 order

    (2.1) A person against whom an order under section 743.6 has been made may appeal to the court of appeal against the order.

  • Marginal note:Persons under eighteen

    (2.2) A person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second degree murder and sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person’s case.

  • Marginal note:Appeal against s. 745.51(1) order

    (2.3) A person against whom an order under subsection 745.51(1) has been made may appeal to the court of appeal against the order.

  • Marginal note:Appeals against verdicts based on mental disorder

    (3) Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered in respect of a person, that person may appeal to the court of appeal against that verdict on any ground of appeal mentioned in subparagraph (1)(a)(i), (ii) or (iii) and subject to the conditions described therein.

  • Marginal note:Where application for leave to appeal refused by judge

    (4) Where a judge of the court of appeal refuses leave to appeal under this section otherwise than under paragraph (1)(b), the appellant may, by filing notice in writing with the court of appeal within seven days after the refusal, have the application for leave to appeal determined by the court of appeal.

  • R.S., 1985, c. C-46, s. 675;
  • 1991, c. 43, s. 9;
  • 1995, c. 42, s. 73;
  • 1997, c. 18, s. 92;
  • 1999, c. 31, s. 68;
  • 2002, c. 13, s. 64;
  • 2011, c. 5, s. 2.