A wrongful conviction can leave you and your family members devastated. It may affect your entire future and your ability to pursue a degree, obtain employment, or find a place to live.
Aside from the emotional roller coaster, a wrongful conviction poses financial and legal challenges. To set the record straight, you need to appeal the conviction, which can feel overwhelming and confusing.
Fortunately, there are legal avenues to seek justice. And if you find the right lawyer, you have someone to guide you through the process and give you the best chance of a positive outcome.
In this article, we review what to do if wrongfully convicted of a crime. Learn why wrongful convictions occur, how the appeals process works, and what to look for in a lawyer to help you fight your wrongful conviction.
What Does It Mean to Be Wrongfully Convicted in Ontario?
A wrongful conviction (also known as a miscarriage of justice) is being found guilty of a crime you did not commit. You might have been found guilty through the process of a trial. Or you could have pleaded guilty when charged, even though you were innocent, and never even had a trial.
Why do wrongful convictions happen in Ontario? There are many possible reasons, including:
- False evidence was given
- A witness misidentified you
- Errors in forensic data
- Inadequate legal defense
- Racial bias or similar prejudice
- Flawed prosecutorial ethics
- Police tunnel vision on the wrong person
- Pressure on a young defendant
- Lenient plea bargain offered
Appeal the Decision
If you believe you or a loved one has been wrongfully convicted, there is a process that can be used in Ontario and throughout Canada in an attempt to change the conviction. It’s called an appeal. Appeals are made on the basis of one of three things:
- The verdict was unreasonable.
- There was an error of law.
- There was a miscarriage of justice.
Your lawyer can review the reason for an appeal with you based on the unique elements of your case. Perhaps you feel the judge made an error, or new evidence has surfaced pointing to your innocence. Maybe a wrongful conviction occurred because of one of the other reasons listed above.
The Court of Appeal can take one of two actions following your appeal:
- They can dismiss the appeal.
- They can quash the conviction.
If the appeal is allowed and the conviction is quashed, the Court of Appeal can either order a new trial or enter an acquittal.
What are your options if the Court of Appeal upholds the conviction? You may be able to take the case to the Supreme Court of Canada, which is the highest court in the nation.
You might also be able to submit an application to the Minister of Justice claiming a miscarriage of justice.
What is the likelihood of a successful appeal for a wrongful conviction?
It depends on the individual case. One of the best ways you can give yourself or your family member the best probability of a good outcome is to choose a lawyer who specializes in appeals.
It’s vital not to wait too long, though, when seeking a lawyer for your appeal. In many cases, the appeal must be filed within 30 days of sentencing, which is most commonly the deadline in Ontario.
Allan Rouben has exactly this experience and knowledge. He has 35 years of experience as a lawyer in Canada, and he has handled many appeals in the Court of Appeal for Ontario. Additionally, he is an expert who has spoken and written about appellate practice for his peers. He has appeared as counsel on interventions for the Ontario Trial Lawyers Association in the Superior Court of Justice, the Court of Appeal, and the Supreme Court of Canada.