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Appeals

It is much easier to be convicted of a Provincial Offence, also known as a regulatory offence, than a criminal offence. Whereas criminal offences require proof that the accused intended to commit the crime, many Regulatory Offences do not require proof of intent. These are called, “strict liability offences” Negligence is enough in some cases, and in absolute liability offences, proof that the accused did the act in question is enough for conviction.

Regulatory convictions do not result in a criminal record; however, the consequences can be significant. The penalties can include large monetary fines, probation orders, and even jail time. Some Highway Traffic Act offences can result in a driver’s license suspension and convictions under the Highway Traffic Act may result in substantial increases in insurance rates.

Reopening A Provincial Offences Act Conviction

If you missed a court date through no fault of your own and were convicted of an offence, you may be able to apply for a reopening of the case and request a new trial date. This is available in circumstances where you did not attend the trial for a good reason such as not receiving the notice of trial or if the court office made an error. However, applying for a reopening must be done within fifteen days of conviction and involves a strict process. Once the application to reopen has been filed, a judge will review it and make a decision about whether to reopen the case or not.

An alternative approach is to appeal your conviction.

When Can You Appeal a POA Conviction?

You have the right to appeal either the conviction itself, in which you are arguing that the finding of guilt was wrong in law or fact, or the sentence and challenge the penalty as excessive, unreasonable, or outside the legal range. Grounds for appealing a Regulatory Offence conviction include:

  • Errors in Law: This occurs when the trial court has misinterpreted or misapplied the law such as incorrect legal procedures or falure to adhere to legal standards set by the Ontario Court of Justice.
  • Errors in Fact: Situations in which the trial court may have made a decision based on incorrect or misinterpreted facts presented during the trial. This could involve overlooking key evidence or misinterpreting the testimonies of witnesses.
  • Procedural mistakes that affected fairness: These are errors in the way your case was handled, which could range from administrative errors to incorrect legal procedures. Examples include not being given the opportunity to present your case fully or the court failing to provide a fair and unbiased hearing.
  • Improper admission or exclusion of evidence
  • A penalty that is too harsh for the circumstances
  • When evidence could not be made available at trial, or when you were unaware of the existence of evidence

The deadline to appeal under the POA is thirty days from the date you were convicted or sentenced. If you miss the deadline, you can apply for an extension of time to appeal, but you must provide a valid reason for the delay and show that your case has merit. Courts strictly enforce appeal timelines.

Steps to Appeal a Provincial Offences Act Conviction

Step 1: Filing the Notice of Appeal

To start your appeal, your fine must be paid before beginning the appeal process. The Notice of Appeal, the formal document that starts the appeal process, must then be filed. The Notice of Appeal must clearly identify the decision being appealed, outline the legal grounds for appeal, be filed with the court where the original decision was made, and be accompanied by the required filing fee.

Step 2: Ordering the Court Transcript

The appeal judge will rely on the official trial transcript to review what happened in your original hearing.

  • Order the transcript from an authorized court transcriptionist immediately after filing your Notice of Appeal.
  • You must file a Certificate of Transcript Order with the court to prove you have ordered it.
  • Transcript costs vary depending on the length of the hearing.

Depending on the jurisdiction, it may take quite some time to get the court transcripts and collect all the necessary paperwork, holding up the appeal. If obtaining your court transcript leads to significant delays, you may be able to get a refund on your deposit fee.  

Step 3: Considering a Stay of Sentence

If your conviction includes a fine, licence suspension, probation, or jail time, you may apply for a stay of sentence until the appeal is decided. This prevents the penalty from taking effect while the case is under review. You will need to show that your appeal has merit and enforcing the sentence immediately would cause hardship.

Step 4: Preparing for the Appeal Hearing

Unlike a trial, an appeal is not about calling new witnesses or re-arguing the facts from scratch. Instead, the appeal court will review the trial transcript and legal submissions from both sides. At the hearing, Glass Gavel Law will present the legal arguments, the prosecution will respond, and the judge may ask questions to clarify legal issues.

Possible Outcomes of a POA Appeal

After reviewing the case, the appeal judge may:

  • Quash the conviction and enter an acquittal
  • Order a new trial
  • Vary the sentence (reduce, change, or in rare cases, increase it)
  • Dismiss the appeal

Risks and Costs of Appealing

Before appealing, weigh the potential costs and risks:

  • Filing and transcript fees
  • Legal fees if you hire representation
  • Time commitment – appeals can take months
  • The rare possibility of a harsher penalty if you lose

What if You Already Paid Your Ticket?

When you pay your ticket without requesting a trial, it is considered an admission of guilt. If you already paid your ticket but then found out later that you were facing severe consequences as a result of a conviction, your guilty plea was not fully informed. For a plea to be fully informed, you must be aware of the consequences associated with a plea. Your grounds of appeal would be that you were unaware of the consequences and you may still file for an appeal within thirty days of the conviction.

How We Can Help

Although you can represent yourself, POA appeals involve strict procedural rules and legal arguments. Glass Gavel Law has the experience to help evaluate the strength of your case, ensure all documents are filed correctly, and present persuasive arguments in court. We prepare for you case by conducting thorough legal research, collecting all supporting documentation, and completing subpoenas and affidavits of service. Professional representation can significantly improve your chances of a successful outcome. Contact us today for a free, thirty minute consultation.