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The Canadian Appeals Process: From Trial Courts to the Supreme Court

This guide explains the journey of a legal case through the Canadian court system, detailing the roles of trial courts, appellate courts, and the Supreme Court of Canada. It covers the distinction between questions of fact and law, the grounds for appeal, and the critical concept of 'leave to appeal'.

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In the Canadian legal system, a trial is not necessarily the final word on a legal dispute. While trial courts are responsible for determining the facts of a case—such as whether a witness was telling the truth or what actually occurred during an incident—the law itself can often be subject to interpretation. When a party believes that a legal error was made during the trial, they have the right to seek a review through the appeals process.

This illustration distinguishes between a question of fact, which involves what a witness observed, and a question of law, which concerns the interpretation of a statute.
This illustration distinguishes between a question of fact, which involves what a witness observed, and a question of law, which concerns the interpretation of a statute.

This article explores the journey a case takes as it moves from the initial trial through the appellate courts and, potentially, to the highest court in the land: the Supreme Court of Canada.

The Starting Point: Trial Courts

Every legal journey begins in a trial court. These courts are the "fact-finders" of the justice system. During a trial, evidence is presented, witnesses are cross-examined, and a judge (or sometimes a jury) determines the facts of the case.

Once the trial concludes and a judgment is rendered, the losing party may feel that the decision was flawed. However, an appeal is not a "re-do" of the trial. You cannot simply ask for a new trial because you are unhappy with the outcome or because you believe the judge didn't believe your witness. Instead, an appeal must be based on a specific legal error or a significant error in the finding of facts.

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