Appeals and judicial reviews

Appeals and judicial reviews

Judges and judicial justices are held accountable by deciding cases in open court, providing reasons for their decisions, and having their decisions subject to an appeal or review process where the decision can be challenged.  

Appeals

An appeal asks a higher court (the BC Supreme Court or BC Court of Appeal) to review the decision of a judge or judicial justice to determine if any errors were made by them. The appellate court will consider if there is evidence to support that there was an error in applying the law, a mistake in reviewing the facts or a mix of both. If the higher court finds an error, this may result in overturning a decision, declaring a mistrial<p><span lang="EN-US">When a trial ends without a final judgment because there has been a fundamental problem with the process or when a jury in BC Supreme Court cannot reach a decision.</span><span>&nbsp;</span></p> or ordering a new trial. You appeal a conviction or sentence<p><span lang="EN-US">A court order setting out the consequences of being convicted of a crime. Sentences may include fines, community supervision or jail.&nbsp;</span><span>&nbsp;</span></p> for a Criminal Code<p><span lang="EN-US">Criminal Code of Canada (CCC)</span><span lang="EN-US"> is the federal law that applies across Canada and sets out criminal offences, sentences and how a criminal case proceeds. A judge must follow the law in the </span><span lang="EN-US">Criminal Code</span><span lang="EN-US">.</span><span>&nbsp;</span></p> indictable offence to the BC Court of Appeal. You appeal a decision of the Provincial Court to the BC Supreme Court in these types of cases: 

  • Small claims 

  • Family 

  • Criminal Code summary conviction offences (for conviction and sentence appeals) 

  • Traffic and bylaw 

There are time limits for filing appeals. For example, you must file an appeal within 30 days of acquittal<p><span lang="EN-US">When, at the end of a trial, the judge finds the accused not guilty of committing the crime.&nbsp;</span><span>&nbsp;</span></p> or 30 days of the date a sentence is imposed.  

BC Supreme Court
BC Court of Appeal

Judicial reviews

A judicial review is a review conducted by the BC Supreme Court to determine whether a tribunal or decision maker had the authority to make the decision it did. You may seek judicial review, for example, of a traffic court decision denying an application to extend the dispute period.

If you have a judicial review before the BC Supreme Court and you need to serve a judge or judicial justice you can do so by sending the petition and all supporting affidavits by courier or registered mail to the Office of the Chief Judge (to the attention of Legal Counsel). 

Office of the Chief Judge 
Suite 337 - 800 Hornby Street 
Vancouver, British Columbia, Canada 
V6Z 2C5 

Judicial Review Procedure Act 

The power of the Chief Judge

The Chief Judge does not have the power to review or change the decision of another judge or a judicial justice made in a case. Only a higher court can change the outcome of a ruling or decision after an appeal or a judicial review. 

Filing an appeal or applying for judicial review