Practice Areas – Appeals
Criminal Law Appeals
The Criminal Code of Canada declares certain acts to be crimes and prescribes punishment for those acts. Criminal matters are triable by a judge or a judge and jury. Other federal legislation, such as the Controlled Drugs and Substances Act (CDSA) also create offences which, like Criminal Code offences, convictions for which can have very serious repercussions, including incarceration. Where someone has been found guilty and sentenced they have a right to have a higher court review and correct the decision.
At Chozik Law, our focus is on assisting clients with conviction and sentence appeals, bail pending appeal, as well as responding to Crown appeals, under the Criminal Code, the CDSA and other legislation.
Regulatory and Administrative Law Appeals
In addition to offences created by the Criminal Code of Canada, there are a number of offences and penalties created to govern specific areas of conduct in our society. These can range from laws that govern how we drive on the road (under the Highway Traffic Act) to how businesses operate (under the Employment Standards Act, for example), to how consumer relations are conducted (Consumer Protection Act). These laws extend to professionals and governing bodies and how these conduct themselves (Law Society Act, for example). In serious cases, authorities may prosecute offences under these Acts. Penalties can include incarceration and substantial fines. Convictions may have serious implications to your ability to hold a government issues license or carry on your business or profession.
At Chozik Law, our practice includes assisting clients with litigation and appeals in regulatory and administrative matters.
Constitutional Law Appeals
Constitutional law is the body of law which deals with distribution or exercise of powers by government. It controls what the police and other government representatives do when they exercise these powers. Many cases in criminal, regulatory or administrative law involve litigation of rights under the Charter of Rights and Freedoms. The right to a fair trial within a reasonable time (s.11b), right to remain silent, presumption of innocence (s.11(d)), the right to be free from unreasonable search and seizure (s.8), arbitrary arrest or detention (s.9), right to a fair hearing (s.11(d)), right to reasonable bail (s.11(e)), right to trial by an independent tribunal (s.11(d)), and the rights to counsel (s.10), right to life, liberty and security (s.7), to be free from cruel and unusual punishment (s.12) are frequently litigated as part of criminal and administrative proceedings.
At Chozik Law, our practice includes assisting clients with litigation and appeals that involve Constitutional law issues and Charter of Rights and Freedoms litigation.
Criminal Law Appeals