Appeals & Judicial Reviews
Convicted or given a harsh sentence? Our Stern Shapray Criminal Lawyers team represents clients in criminal appeals judicial reviews, challenging convictions, and sentences with skilled, strategic legal advocacy.
A criminal conviction or harsh sentence can feel like the end of the road—but in many cases, it’s just the beginning of the next legal step.
If you believe that your trial was unfair, your sentence was excessive, or your rights were violated during the legal process, you may have grounds to file an appeal or request a judicial review.
At Stern Shapray Criminal Lawyers, we represent clients in criminal appeals and judicial review proceedings at both the provincial and appellate levels. These are complex, high-stakes legal matters that require deep knowledge of legal procedure, persuasive written advocacy, and a strategic mindset. Our team is equipped to evaluate the strength of your case and pursue every available avenue for a second chance.
Challenging Convictions Appeals Judicial Reviews
Appealing a conviction means asking a higher court to examine whether a legal error occurred during your trial that affected the outcome. Common appeal issues include:
- Misinterpretation or misapplication of the law
- Improper admission or exclusion of evidence
- Judicial bias or misdirection to the jury
- Ineffective assistance of counsel
- Breaches of the Charter of Rights and Freedoms
A successful conviction appeal may result in:
- A new trial
- A complete acquittal
- Substitution of a lesser offence
Not every unfavourable outcome qualifies for appeal—timing, procedural requirements, and the legal basis must be thoroughly assessed. We provide a full review of your trial record and transcripts to determine the best path forward.
Challenging Sentencing Decisions
Even if a conviction is not appealed, you may still challenge the sentence imposed. Sentencing appeals focus on whether the sentence was:
- Excessive or disproportionate
- Outside the appropriate sentencing range for the offence
- Inconsistent with sentencing principles (rehabilitation, deterrence, etc.)
- Based on incorrect information or procedural errors
In many cases, appellate courts have reduced custodial sentences, removed ancillary orders (such as DNA or firearm bans), or replaced jail with conditional sentences when appropriate.
We can help craft a compelling written argument supported by legal precedent and sentencing statistics, giving you the best chance at a more just and balanced outcome.
Judicial Review of Administrative Decisions
Not all unfair decisions come from a criminal trial. Judicial review is a legal process used to challenge decisions made by administrative bodies—such as:
- Parole Board decisions
- Professional regulatory boards
- Security clearance denials
- Police disciplinary rulings
- Immigration inadmissibility findings
These reviews are brought before the B.C. Supreme Court and focus on whether the decision-making process was lawful, fair, and reasonable—not simply whether the decision was favourable.
We assist clients with:
- Assessing whether judicial review is the right course of action
- Drafting persuasive judicial review applications and affidavits
- Representing clients in hearings before the court
Why Legal Representation Matters
Appeals and judicial reviews are time-sensitive and highly technical. Deadlines are short, and the success of your case depends on precise legal arguments and a deep understanding of the original proceedings.
At Stern Shapray, we approach these matters with the detail, dedication, and advocacy they deserve—because one decision should not define your future.
Frequently Asked Questions About Appeals & Judicial Reviews in British Columbia
What is a criminal appeal in Canada?
A criminal appeal is a formal request to a higher court to review and overturn or modify a lower court’s decision. In British Columbia, appeals from Provincial Court decisions go to the BC Supreme Court, while appeals from BC Supreme Court decisions go to the BC Court of Appeal. Appeals can challenge a conviction or sentence arising from any of Stern Shapray’s practice areas, and must be based on recognized legal grounds.
How long do you have to file a criminal appeal in British Columbia?
For most criminal matters in BC, whether your case was heard in Surrey, Vancouver, Kelowna, Victoria, Nanaimo, Prince George, or Fort St. John, the notice of appeal must be filed within 30 days of the conviction or sentence being imposed. Missing this deadline without a valid reason can seriously complicate or foreclose your appeal. If you are considering an appeal, contacting a lawyer immediately after sentencing is essential.
What are valid grounds for a criminal appeal in Canada?
Valid grounds include errors of law made by the trial judge, an unreasonable verdict that cannot be supported by the evidence, or a miscarriage of justice. Sentence appeals can be based on the sentence being unfit, either too harsh or too lenient given the offence and the offender’s circumstances. Not every disagreement with a verdict constitutes valid grounds for appeal.
What is a judicial review and how is it different from an appeal?
A judicial review allows the BC Supreme Court to review the decision of an administrative tribunal or regulatory body. Unlike a criminal appeal, which examines whether the decision was correct, a judicial review focuses on whether the decision-maker had jurisdiction, followed proper procedure, and acted reasonably. Judicial reviews are commonly used to challenge parole board decisions, professional disciplinary rulings, and regulatory findings.
Can new evidence be introduced on a criminal appeal in BC?
Generally, new evidence cannot be introduced on appeal. However, in exceptional circumstances, courts may admit fresh evidence that was not available at trial, provided it is credible, relevant, and could reasonably have affected the verdict. If you believe important evidence was unavailable during your trial, a criminal lawyer can assess whether a fresh evidence application is viable.
Can a sentence be appealed separately from the conviction in BC?
Yes. Sentence appeals are distinct from conviction appeals and can be pursued even where the accused accepts the finding of guilt. A sentence appeal argues that the penalty imposed was unfit given the circumstances of the offence and the offender. Courts across British Columbia assess sentence appeals against the established range of sentences for comparable offences.
Do I need a lawyer for a criminal appeal in BC?
Yes. Criminal appeals are technically demanding and require thorough knowledge of appellate procedure and legal argument. A poorly prepared appeal can permanently foreclose future options. If you or a loved one has been convicted or sentenced in Surrey, Vancouver, Kelowna, Victoria, Nanaimo, Prince George, Fort St. John, or elsewhere in BC, and is considering an appeal, speak with a criminal lawyer as soon as possible. Contact Stern Shapray Criminal Lawyers for a free consultation.