Patrick Thomson is an amazing lawyer as well as Meagan Ward they actually care and fight hard for you . I am so impressed with this law firm I can’t even say enough they are great and down to earth people. And that’s hard to find these days. I can’t thank them enough.
WMT Law is an amazing firm to work with. We have had nothing but great experiences getting our legal needs sorted out. They are easy to talk to, and will build a plan for you that you can confidently stand behind.
I have been working closely with Meagan Ward and it has been such an honour to build a fantastic relationship! She is dedicated to her clients and and makes her clients feel heard, making sure they fully understand the process at hand. Estate planning pro over here, get in touch for any of your lawyer needs as Ward Mischuk Thomson LLP can assist you in many different areas of law.
I contacted Meagan Ward at Ward Mischuk Thomson LLP to review my will and she took it from there. She was very professional and thorough with the entire experience and I highly recommend Meagan and her staff. Thanks Meagan!
Our Team of experienced lawyers have represented and defended cases as simple as a misdemeanor to cases that are so complicated we simply cannot disclose them! Our lawyers have defended our clients at all levels of court and have acquired the experience and contacts essential to defending your unique set of circumstances.
Criminal charges can have a serious impact on your life. You need to be able to trust your lawyer to protect you and get the best possible outcome.
Our lawyers have defended cases such as theft, fraud, robbery, drug offences and more! We’ll work with you to reach the best possible outcome for your specific situation.
PARTNER
Criminal Law | Civil Litigation | Wills & Estate Planning | Real Estate Law | Labour & Employment
PARTNER
Criminal Law | Civil Litigation | Labour & Employment
PARTNER
Criminal Law | Civil Litigation | Wills & Estate Planning | Real Estate Law | Labour & Employment
To successfully handle an appeal requires the ability to craft a detailed legal argument, as well as in-depth knowledge of criminal law. Our Team of experienced appellate lawyers knows what to look for when reviewing cases for appeal.
We dedicate our focus on two primary areas. First, we examine exactly what the judge has said to the jury. If there was any point in which the judge may have led the jury off track, this could be basis for a successful appeal.
Second, we focus on what was and wasn’t allowed to be involved as evidence. If anything was excluded that should not have been, or visa versa, this too could be a basis for an appeal.
A successful appeal can result in an acquittal or a new trial. We have the experience, knowledge and resources to achieve success in this challenging area of the law.
During your trial, it’s possible to get an outcome that you were not expecting or hoping for, including a conviction or jail sentence. When this happens, you can request a higher court to review the criminal court’s decision by launching an appeal. A criminal defendant can appeal a conviction or a sentence through the Saskatchewan Court of Appeal (indictable appeals) or the Supreme Court of Justice (summary conviction appeals). Note that the prosecution can also launch an appeal.
An appeal is not a new trial, and, with certain exceptions, no “new” evidence is introduced. The appellate court reviews your trial’s transcripts and the ruling made to determine if the presiding judge made any mistake. In order to increase your chances of a successful appeal, it’s requisite to retain an experienced litigator. They’ll help you identify any factual or legal errors made during your trial, building a solid foundation for your appeal.
We are committed to providing you the best Defense possible in Saskatoon. If you are willing to fight for your future, so are we.
In Canada, it’s possible to appeal your criminal conviction, sentence, or both. Although this is a right afforded to every individual in Canada, in some cases, you have to obtain a court’s permission, otherwise known as leave to appeal, to launch your appeal.
The criminal appeal process is quite complex and requires the expertise of an experienced criminal defence lawyer to navigate. Contact WMT Law to assess the merit of your case and provide rigorous representation.
During a criminal appeal, the judges go through the transcripts and evidence from your first trial to find evidence that the decision rendered by the trial judge was unfair or unreasonable. For example, you may argue that the judge misapplied the law or that the sentence imposed is unrealistically harsh compared to the crime. The appointed judges go through the details of your previous case to determine if your appeal is valid and make a decision based on their findings.
Since it’s not a new trial, the appeal court doesn’t accept new evidence, except in infrequent circumstances. If the court accepts new evidence and finds it credible and relevant to your case, they may order a new trial.
As you await your appeal hearing, it’s possible to be granted bail. This is called bail pending appeal, and it requires you to file a separate motion with the court hearing your appeal. The court considers the following before granting your bail request:
A bail pending appeal hearing is quite complex and very vital to your appeal hearing. This is why it’s essential to consult an experienced appellate lawyer in Saskatoon to help you file your motion early and correctly.
In most cases we charge a flat fee to Appeal your case. This means that you will know the cost of your case up front. The precise fee will depend on the complexity of the case and on the amount of time it is estimated to take. At the initial consultation, you can sit down with one of your lawyers for free and in most cases we will be able to tell you the fee for your case up front. In some cases, an hourly rate is required.
Pick a criminal lawyer who has the proper expertise for your kind of case. It is also essential that you be comfortable with the lawyer as your advocate. Both are equally important. Expertise in the area for which you have been charged is essential for a proper defence. If the lawyer does not have this experience and knowledge they will not be able to properly defend you if the charge is very serious. More than being experienced in your area, you need to be comfortable with that lawyer. You need to trust the lawyer and know that he or she has your best interest at heart. You will want someone who is open and honest with you about your case. You need an Apellate lawyer that is sincere and who will answer your questions. You also want someone who has knowledge of the courts and its procedures. The best Appellate lawyers are the ones who are dedicated to this work for the right reasons. You want someone who believes strongly in your civil rights and will fight to protect them.
A conviction appeal is made to challenge whether the accused should have been found guilty or not guilty of an alleged offence. One example that can be a basis of a conviction appeal is when the evidence provided by the prosecution is incapable of proving and supporting a criminal offence.
On the other hand, a sentence conviction challenges the form and length of punishment imposed upon conviction for a crime. In such an appeal, one may argue that based on the evidence provided for an alleged offence, the sentence imposed is unreasonable and overly harsh.
If you’re looking to appeal the case, you can challenge either conviction or sentence or both at once. Both appeals are complex as one has to dig through the trial transcripts to find any factual or legal errors made by the judge, which form the basis of your appeal. It’s crucial to seek the guidance of an experienced lawyer to help you start your appeal.
Feel free to call us at 306-986-4505, and we’ll help you with every step of your conviction or sentence appeal.
In hybrid offences, the prosecution may choose to proceed by summary conviction, or the Criminal Code may require such an offence to be prosecuted summarily. Summary convictions are reserved for less serious crimes that carry minimal jail terms, among other penalties.
A summary conviction appeal is a challenge against a verdict or sentence resulting from a summary conviction. One judge hears these appeals at the Superior Court of Justice within the same jurisdiction where your trial took place. If you want to appeal a Superior Court decision on your summary conviction appeal, which rarely happens, you can do so at the Saskatchewan Court of Appeal, with leave of the court.
Indictable offences are serious crimes that carry severe penalties upon the finding of guilt. All appeals for indictable offences are held at the Saskatchewan Court of Appeal before a panel of 3 or 5 judges. As stipulated by section 686 of the Criminal Code, the Saskatchewan Court of Appeal only accepts conviction appeals if the verdict imposed is unreasonable, a legal error was made, or justice was administered unfairly.
Appeals should be filed within 30 days from the day of sentencing. Therefore, it’s advisable to file your notice of appeal immediately after your conviction, even if you’re yet to retain an attorney. In some cases, however, it’s possible to launch an appeal after the 30-day window. For example, if you’re in custody, the court can accept your notice of appeal up to 6 months after sentencing, provided you explain the delay.
After a conviction, the sentencing judges usually impose ancillary court orders, such as driving prohibitions for impaired driving cases and registration as a sex offender for sexual assault offences. When you appeal your conviction, your appellate lawyer can help you get these orders lifted until your appeal hearing. This is usually done through a separate motion.
There are several possible outcomes of an appeal:
If the appeal court finds that the verdict issued was unreasonable, they will enter an acquittal. This means that the court will overturn your conviction and issue a not-guilty ruling. This is the best possible outcome in an appeal.
If the court of appeal is convinced that the judge made a legal error during your trial or found other issues that suggest the trial was not conducted properly, they’ll order a new one. When this happens, your conviction will be lifted, but you’ll still be facing criminal charges until your case is retried and a verdict is reached.
If the reviewing court determines that the trial was fair and the verdict reached by the trial judge was reasonable based on the evidence and arguments presented, your appeal will be dismissed. This means that the trial judge’s verdict and sentence will stand.
If you filed an appeal for your sentence, the court might impose a new sentence that is more or less severe. Also, certain ancillary court orders that the trial judge issued with the penalty may be removed or reduced. In other words, any punishments imposed during your sentencing, including jail time, could be removed, reduced, or increased.
If the prosecution files for an appeal after the trial court acquits you, the appeal court may review the evidence presented and determine that the judge made a mistake. In such a scenario, the appeal court will vacate your acquittal, submitting a verdict of guilt. This is one of the rarest outcomes, but you are guaranteed a right to appeal to the Supreme Court if it occurs.
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