Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario

Effective: 1 March 2017

Amended: 14 June 2021; 21 October 2021; 16 March 2026; 9 April 2026

The Criminal Appeal Rules set out the procedure to follow for criminal appeals at the Court of Appeal for Ontario. This Practice Direction provides additional direction on certain topics. It is also under revision. It continues to apply except to the extent that: (i) it is inconsistent with the Criminal Appeal Rules; or (ii) it is varied by the General Practice Direction Regarding All Proceedings in the Court of Appeal. A revised Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario will be released at a later date.

TABLE OF CONTENTS

1. EFFECTIVE DATE AND APPLICATION

1. This Practice Direction Concerning Criminal Appeals at the Court of Appeal for Ontario revokes and replaces all of the Court of Appeal’s previously issued Practice Directions, Administrative Guidelines, Administrative Advisories, and Notices to the Profession concerning criminal appeals.
2. This Practice Direction applies to solicitor appeals, motions and applications, including limited retainers, s. 684 appointments, and Crown appeals. It was made pursuant to the court’s rule-making powers in sections 482 and 482.1 of the Criminal Code. It is effective as of 1 March 2017.
3. This Practice Direction does not apply to inmate appeals.
4. Note that for mental health appeals under Part XX.1 of the Criminal Code, the practices in this Practice Direction apply except as specified in section 16 below.

2. APPLICATION OF THE CRIMINAL APPEAL RULES

1. When bringing a criminal appeal or motion in the Court of Appeal, parties must consult the Criminal Appeal Rules.
2. Practice Directions supplement the Criminal Appeal Rules and provide guidance and direction about matters not covered by the Rules.
3. Unless otherwise defined in this Practice Direction, the definitions of terms in the Criminal Code and/ or the Criminal Appeal Rules apply here.

3. FRENCH OR BILINGUAL MOTIONS OR APPEALS

1. Motions and appeals may be brought in English or French, or in both languages.
2. Parties proceeding in French, or in both English and French, should note this in their correspondence.
3. The staff of the Court of Appeal is pleased to serve the public in English and French. Staff will direct French inquiries to bilingual staff members.

4. CORRESPONDENCE

4.1 Providing a Copy of all Correspondence to Opposing Parties

1. Any correspondence addressed to the Court of Appeal in relation to a court file must be copied to the lawyer of record for all parties to the proceeding. This requirement applies, without limitation, to any correspondence addressed to the Registrar, Deputy Registrar, Executive Legal Officer, the Appeal Scheduling Unit and/or the motions clerk. All such correspondence must contain the Court of Appeal file number and title of proceeding.
2. In the event that correspondence addressed to the Court of Appeal or any of its staff is not copied to the lawyer of record for all parties to the proceeding, it will not be received by the court or reviewed for response.

4.2 Correspondence to a Judge Must be addressed to the Registrar of the Court of Appeal

1. All parties must consent to out-of-court communications with a judge about a court proceeding unless the court directs otherwise.
2. All correspondence intended to be reviewed by a judge or judges must be addressed to the Registrar and copied to the lawyer of record for all parties to the proceeding. The Registrar will consult with the judge(s) to whom the correspondence is directed for directions as to whether the judge(s) will receive the correspondence.
3. In the event that correspondence intended to be reviewed by a judge or judges is not addressed to Registrar or is not copied as set out above, it will not be received by the court or reviewed for response.

4.3. Inquiries

1. In order to receive a timely response to an inquiry involving proceedings in the Court of Appeal, including case searches, status inquiries, or inquiries about filing requirements, please call 416-327-5020 or toll free at 1-855-718-1756. Alternatively, you may consult the Court of Appeal’s website for detailed information about how best to direct your inquiry: https://www.ontariocourts.ca/coa/contact/.

5. NOTICE OF APPEAL IN CRIMINAL APPEALS

5.1 Extensions of Time

1. A party may bring a motion for an order to extend or abridge the time for appeal and for doing any other act in connection with an appeal for which a time is prescribed. A motion for an order extending time may be made before or after the expiration of the time prescribed: s. 678(2) of the Criminal Code, and r. 9(3).
2. Generally speaking, an extension is more likely to be granted if a motion is brought within the time prescribed. Consent to an extension should always be sought before bringing a motion for an extension. If consent is given, it should be provided in writing and filed with the notice of appeal, the draft order extending time, any other relevant document.
3. The draft order must state the date to which the extension of time is consented to, no later than 30 days from the date the order is to be signed. Consent motions may be filed and signed by a judge without the need for counsel to attend.
4. If consent is not given, then the motion must be argued before a single judge. If the notice of appeal is not filed during the 30-day extension, then the party wishing to appeal must again seek consent and the permission of a judge for a further extension of time.

5.2 Title of Proceeding

1. The title of a proceeding should set out the parties in the same order as they appear in the title of proceeding in the court appealed from. The appellant, respondent, and any interveners must be clearly identified. The names of the accused must appear in the order in which they appeared on the Indictment. Interveners who are not parties should not appear in the title of proceeding.

5.3 Parties’ Contact Information

1. On all documents filed with the court, other than a transcript, parties shall include their contact information: r. 6(8)(c).
2. Parties should promptly advise the court and the other parties of any changes to their contact information.

6. APPLICATIONS AND MOTIONS IN THE COURT OF APPEAL IN CRIMINAL MATTERS

6.1 Motions or Applications to a Single Judge

6.1.1 General

1. A single judge of the Court of Appeal hears motions and applications Monday through Friday in chambers court at Osgoode Hall. From September to June, motions court starts at 10 a.m., unless the court orders otherwise. In July and August, motions court starts at 9:30 a.m., unless the court orders otherwise.
2. Lawyers do not need to wear gowns when they appear on motions before a single judge in chambers.

6.1.2 Scheduling Motions or Applications

1. Please note that on Wednesdays, civil and family motions brought by or against self-represented parties receive priority on the motions list.
2. Applications for bail pending appeal may be heard on the same day as the sentence is imposed by the trial court, with advance communication to the court and opposing counsel. These applications should be made returnable at 2:30 p.m., but if the parties are ready to proceed earlier in the day, they may inquire of the motions clerk as to whether there is room on the morning motions list to accommodate the matter, by e-mail or by calling (416) 327-5020 (select language of choice, followed by option 3). If the parties are not ready to proceed until after 2:30 p.m., they may still contact the motions clerk to see whether the court can accommodate the matter on the same day.

6.1.3 Motions or Applications on Consent

1. Except for an order for release from custody under s. 679 of the Criminal Code (which require the attendance of counsel), where all parties consent to an order, the order may be granted by the motions judge without the attendance of counsel.
2. The moving party should file a notice of motion or application, the draft order, and a document indicating the parties’ consent to the order. This document must be signed by all parties or their lawyers and contain the relevant court file number(s) and the title of proceeding. Parties are advised to include an affidavit or covering letter, addressed to the Registrar’s Office, containing sufficient information to justify the granting of the order.
3. If a judge considering the proposed consent order is satisfied that it should issue, the order will be issued without the attendance of the parties, usually within 2-3 business days.
4. If a judge considering the proposed order is not satisfied that it is appropriate or that it should issue, the parties will be advised and will be given an opportunity to provide oral or written argument.

6.1.4 Ex Parte Motions (Motions Without Notice to the Other Party)

1. When a party seeks to bring a motion without serving the notice of motion on the opposing party(ies), the moving party must indicate in the notice of motion the reasons for seeking to bring the motion without notice. A judge of the court will review the notice of motion and may grant the request to move without notice if the judge is satisfied that the nature of the motion or the circumstances render service of the notice of motion impracticable or unnecessary.

6.1.5 Applications to Stay a Driving Prohibition Made in Summary Conviction Proceedings Pending Appeal 

1. Where an applicant seeks leave to appeal from the decision of the summary conviction appeal court and at the same time seeks a stay of a driving prohibition order imposed in the summary conviction proceedings pending appeal, a judge shall hear both applications at the same time in writing. The process for filing these applications is set out in r. 26.
2. If leave to appeal is granted, the applicant shall perfect the appeal in accordance with r. 44 within 30 days, regardless of whether or not the stay is granted. Once the appeal is perfected, the Criminal Appeal Coordinator will contact counsel to set a date, and the appeal will be scheduled for hearing at an early date convenient to the parties. The standard time for oral argument will be 30 minutes for the appellant and 15 minutes for the respondent. Parties requesting more time should follow the procedure in section 10.1 of this Practice Direction.

6.1.6 Motions to Intervene in an Appeal

1. Motions to intervene in a criminal proceeding in the Court of Appeal are determined by the Chief Justice or the Associate Chief Justice or a panel of the court, pursuant to Rule 30.
2. Before filing a motion for intervention, the parties and the proposed intervener should send correspondence to the court’s Executive Legal Officer attaching the draft notice of motion to intervene and specifying, if known, if the intervention motion is on consent, unopposed or contested. If the motion is on consent or unopposed, the motion will proceed in writing unless otherwise directed. If the motion is contested, the parties should indicate the proposed method of hearing. If the parties propose that the motion proceed orally, they should consult with each other to obtain at least two mutually agreeable dates for hearing the motion and present these dates in their correspondence. If the parties cannot agree on suitable dates, the court will fix the date of the hearing. The moving party will be advised of the hearing date selected by the court and will be responsible for notifying the other parties.
3. After the date for the hearing of the motion to intervene is confirmed, the moving party must file a notice of motion, motion record, factum, and other material for use by the court.
4. Parties should provide the court with a draft order granting leave to intervene, including the proposed terms such as the scope of the argument and the time allocation for oral argument of the intervener.

6.1.7 Motions to Seek a Review of a Decision pursuant to s. 680 of the Criminal Code

1. A party seeking a direction from the Chief Justice of the Court of Appeal or Acting Chief Justice of the Court of Appeal for a review of a bail decision pursuant to s. 680 of the Criminal Code must commence their application by following a two-step procedure.
2. First, the party must serve and file a notice of application for a direction from the Chief Justice of the Court of Appeal or Acting Chief Justice of the Court of Appeal for a review pursuant to s. 680 of the Criminal Code, which must state that the application will be heard on a date fixed by the Registrar. The notice of application should be filed with the court electronically.
3. Second, as soon as possible after serving and filing the notice of application, the party bringing the application must send a letter by e-mail, copying all parties, to the Executive Legal Officer at ExecutiveLegalOfficer@ontario.ca requesting a case management conference with the Chief Justice of the Court of Appeal or Acting Chief Justice of the Court of Appeal in order to:
   1. Fix the date, time and manner of the hearing of the application;
   2. Determine the content of the materials to be served and filed on the application;
   3. Set the schedule for the serving and filing of the materials to be used on the application; and
   4. Address any other issues in order to facilitate the fair and efficient preparation of the materials for the application.
4. The email to the Executive Legal Officer requesting the case management conference must include the subject line “Section 680 application”, along with the court file number. Please also attach a copy of the notice of application for a direction from the Chief Justice of the Court of Appeal or Acting Chief Justice of the Court of Appeal for a review pursuant to s. 680 of the Criminal Code that was submitted for filing.
5. For more information, please review Criminal Appeal Rules, r. 23.

6.2 Motions before Three Judges

6.2.1 Panel Motions (Except for Motions for Leave to Appeal in Summary Conviction Appeals)

1. Except as provided by the Criminal Code, the Criminal Appeal Rules, a practice direction, or as a directed or ordered by the court or a judge, motions are heard by a panel of the court.

6.2.2 Scheduling Panel Motions

1. Except in cases of urgency, panel motions will not be scheduled for hearing until the moving party has filed the motion record, factum and transcript, if any.
2. Parties are required to notify the court at the time the moving party files their motion record, factum and transcript, if any, if the motion is required to be heard by a bilingual panel.

6.2.3 Applications for Leave to Appeal a Decision of the Summary Conviction Appeal Court

1. The procedure for filing applications for leave to appeal a decision of the Summary Conviction Appeal Court is set out in r. 25.
2. Where leave to appeal is granted in accordance with this procedure, no further materials need to be filed by the parties. The Criminal Appeal Coordinator will contact counsel to set a date, and the appeal shall be scheduled for hearing at an early date convenient to the parties. The standard time for oral argument will be 30 minutes for the appellant and 15 minutes for the respondent.

7. APPEAL MANAGEMENT

1. An appeal management judge shall be assigned to the following appeals: (i) where an appellant alleges ineffective assistance of trial counsel; (ii) where a party seeks to introduce fresh evidence; (iii) appeals from a verdict of not criminally responsible on account of mental disorder or unfit to stand trial; and, (iv) appeals from proceedings under Part XXIV of the Criminal Code – Dangerous Offenders. In these appeals, the parties should contact the Criminal Appeal Coordinator to schedule an appeal management conference.
2. In other appeals, requests for the assignment of an appeal management judge should be made to the Criminal Appeal Coordinator and contain enough information to satisfy the court that such an appointment is appropriate
3. The parties shall comply with directions given by the appeal management judge. Where applicable, counsel for the appellant is responsible for communicating the schedule for transcript production to the authorized court transcriptionist.

8. PERFECTING AN APPEAL

8.1 Contents of Transcripts

1. When a lawyer who acted at trial is not acting on the appeal, the court encourages the trial lawyer to provide timely assistance to the appellate lawyer, by identifying the necessary transcripts, and/ or in making an agreement respecting evidence pursuant to r. 38(9).

8.2 Timely Preparation of Transcripts

1. To ensure the timely determination of Legal Aid applications, trial lawyers are reminded of their primary responsibility to prepare an opinion letter for use on the application for Legal Aid. Every effort should be made to prepare and submit this opinion letter to Legal Aid within 30 days of the filing of the notice of appeal.
2. Lawyers are reminded that interim payments for transcripts may be obtained from Legal Aid Ontario in cases where a Legal Aid certificate has been issued.
3. Counsel are expected to keep the court informed as to the status of transcript preparation, particularly when the transcriptionist falls behind schedule. The court may also inquire about the status of the transcript and take steps to ensure its timely completion, such as placing the matter on the status court list.

8.3 Factums

1. The Court of Appeal requires the use of 12-point or larger font and encourages the use of Arial or Times New Roman for all text in factums. All text in factums must be double-spaced, except quotations longer than four lines and footnotes. Factums should be printed on only one side of the page with 2.5 cm margins on all sides.
2. Unless otherwise directed or ordered by the Criminal Appeal Rules, a practice direction, the court or a judge, a factum, excluding the schedules, shall not exceed 30 pages. The Registrar will refuse to accept factums that use smaller fonts, reduced margins, insufficient line spacing, or excessive footnotes to meet the 30-page limit.
3. To file a factum of longer than 30 pages, a party must obtain permission of the court by bringing a motion to a single judge. On any such motion, the moving party must, other than in exceptional cases, include a copy of the proposed factum in the motion record.
4. The Court of Appeal strongly encourages the use of hyperlinks to case law referred to in electronically-filed factums. Parties may hyperlink authorities to the websites that are not password-protected, such as judgments databases found on the websites of Canadian courts, or canlii.org/en/index.html.
5. Parties are encouraged to consult the Reference Guide for Citation Practices at the Court of Appeal for Ontario for assistance in preparing their factums and other appeal material. This reference guide is for information purposes only.

8.4 Books of Authorities

1. The following practices should be followed when preparing, serving and filing Books of Authorities:
   1. Include the cases and extracts from secondary authorities that are referred to in oral or written argument, subject to the exception noted next;
   2. The Court of Appeal has adopted a List of Frequently Cited Criminal Authorities. Authorities on this list do not need to be included in the books of authorities. Instead, when a party’s factum refers to an authority on this list, the book of authorities should only include the headnote and particular passage(s) from the authority being relied on;
   3. Separate the authorities in the book of authorities with a tab (either numerical or alphabetical) and include a table of contents listing where to find each authority; and
   4. To the extent possible, authorities cited by one party shall not be duplicated by another: r. 42(10).
2. The order of the court’s preference for which print version of a case for parties to include in the book of authorities is as follows:
   1. the decision as posted on the relevant court’s website, preferably using the PDF format;
   2. the decision as posted on CanLII (canlii.org), preferably using the PDF format;
   3. the decision as it appears in an official or semi-official reporter (e.g., Supreme Court of Canada Reports, Ontario Reports, and other provincial reporter series such as the B.C.L.R.’s, etc.);
   4. the decision as it appears in an unofficial reporter (e.g., Canadian Criminal Cases, Criminal Reports, etc.);
   5. the decision as posted on subscription-based databases (e.g., WestlawNext Canada, LexisNexis Quicklaw, etc.).

8.5 Materials for Grouped Appeals

1. When two or more appeals are to be heard together because the appeals are from the same or related court orders, they are referred to as “grouped” appeals. In appeals with an assigned appeal management judge, that judge will be available for counsel to consult regarding how best to prepare and file the materials in a manner that would be useful to the court. For information about requesting the assignment of an appeal management judge, see section 7 of this Practice Direction.
2. If all parties consent to filing consolidated material for grouped appeals, then the parties may file a letter of consent together with the consolidated material, including appeal books and compendiums, factums and books of authorities for use on all the appeals.
3. If the parties in grouped appeals are unable to agree on the use of consolidated material, they may bring a motion for directions or seek the assistance of an appeal management judge, if necessary.
4. The material filed in grouped appeals should include the court file number of each appeal that is being heard.

8.6 Status Court and Purge Court

1. Criminal status court is typically held once per month before a single judge. Criminal status court commences at 9:00 a.m. unless otherwise directed.
2. Criminal purge court hearings are typically scheduled every other month before a panel of the court. Purge court hearings commence at 9:30 a.m. unless otherwise directed.
3. Counsel may request that a matter be spoken to in status court or purge court, by e-mailing the Criminal Appeal Coordinator. The correspondence must be copied to opposing counsel and should provide mutually convenient appearance dates. This is not a substitute for filing proper motion materials when required. The Criminal Appeal Coordinator will confirm the date with all counsel by e-mail.

9. APPEAL SCHEDULING

9.1 Expedited Appeals

1. Most criminal appeals will be heard within four to six months of perfection. However, it is recognized that some appeals may need to be heard more quickly. For example, s. 679(10) of the Criminal Code states that where bail pending appeal is refused, a judge of the Court of Appeal may give directions expediting the hearing of the appeal.
2. The court automatically expedites the following types of appeals:
   1. appeals involving young persons;
   2. appeals in extradition matters;
   3. appeals involving orders made under Part XX.1 of the Criminal Code (Mental Disorder);
   4. appeals where the hearing of the appeal is delaying the progress of an ongoing court proceeding; and
   5. appeals against sentence only.
3. Such appeals will be heard at the earliest practicable date, usually within three months of perfection.
4. Appeals other than those listed in paragraph 2 may be expedited by bringing a motion to a judge of the Court of Appeal for an order expediting the appeal. The judge must be satisfied that the urgency of the matter requires an earlier hearing date.

9.2 Request to Reconsider a Previous Decision of the Court of Appeal

1. When a party wishes to ask the court to decline to follow a prior precedential decision of the Court of Appeal for Ontario, the party should send a letter to the attention of the Executive Legal Officer requesting that the court convene a five-judge panel to hear the appeal. The letter should explain why there is reason to think that the court’s prior precedential decision should not be followed. The letter should be copied to all parties and be submitted not later than the time for filing the requesting party’s factum.
2. Any party to the proceeding in the Court of Appeal may file a letter responding to the request to convene a five-judge panel to hear the appeal within two weeks of the request being made.
3. The Chief Justice or the Associate Chief Justice, or a judge designated by them, will review a party’s request for a five-judge panel. The decision is final

9.3 Adjournment Requests

1. If a hearing date for an appeal or a panel motion is more than three weeks away, and if all parties are prepared to consent to an adjournment, then the appellant should send an e-mail to the Criminal Appeal Coordinator, copied to all parties advising of the adjournment request. The e-mail should include “Adjournment Request” and the court file number and title of proceeding in the subject line. The Appeal Scheduling Unit will confirm if the matter will be adjourned and if so, will advise the parties of the new hearing date.
2. If a hearing date for an appeal or a panel motion is more than three weeks away, and if the adjournment request is opposed by one or more of the parties, then the party seeking the adjournment must make the adjournment request to a judge of the court who has been designated by the Chief Justice to serve as the List Judge.
3. If the hearing date for an appeal or a panel motion is three weeks or less away, any adjournment request – whether on consent or opposed – must be submitted by e-mail to the Criminal Appeal Coordinator, with “Adjournment Request” and the court file number and title of proceeding in the subject line of the email. The request will be forwarded to the president of the panel for review and their determination will be communicated to the parties by the Criminal Appeal Coordinator.

9.4 The Composition of the Panel

1. The parties may consult the Court of Appeal’s website at https://www.ontariocourts.ca/coa/current-hearing-lists/ to see the weekly hearings lists and the composition of the panel for their appeal. The weekly hearing lists are posted on Friday at noon on the week prior to the next week’s hearings.

9.5 Bilingual Panel

1. Parties are required to notify the court at the time the appellant perfects their appeal if the appeal is required to be heard by a bilingual panel.

10. ABANDONING AN APPEAL

1. If an appeal is abandoned after it has been listed for hearing, the appellant must promptly advise the Criminal Appeal Coordinator, and copy the opposing party and the authorized court transcriptionist on the correspondence.

11. COURTROOM DECORUM

11.1 Addressing the Court

1. Members of the Court of Appeal should be addressed as “Chief Justice”, “Associate Chief Justice”, “Justice” or “Justice (Surname)” as appropriate, and not as Madam Justice, My Lady, My Lord, Your Ladyship, Your Lordship or Your Honour.

11.2 Courtroom Attire

1.  Lawyers do not need to wear gowns when they appear on motions before a single judge in chambers.
2. Counsel who are pregnant when appearing before a panel in the Court of Appeal for Ontario are free to modify their traditional court attire in order to accommodate their pregnancy as they see fit, including dispensing with a waistcoat and tabs.

11.3 Use of Electronic Communication Devices in the Courtroom

1. Unless a judge orders otherwise, electronic communication devices including cell phones and laptop computers may be used in the courtroom in a manner that is not disruptive of the proceedings.
2. Anyone using an electronic communication device to transmit information about a court hearing has the responsibility to identify and comply with the terms of any applicable publication ban, sealing order, or other restriction on publication that has been imposed by court order or by statute. (For example, a ban under the Criminal Code of Canada, R.S.C. 1985, c. C-46, ss. 486, 486.4-486.6, 517, 539; Youth Criminal Justice Act, S.C. 2002, c. 1, ss. 110, 111).
3. Photography, audio and video recording of a court hearing or of any person entering or leaving a court hearing, without the authorization of a judge, is prohibited by s. 136(1) of the Courts of Justice Act, subject to the exceptions in s. 136(2) and (3). Anyone who uses an electronic communication device in a way that violates s. 136 may be ordered to turn off the device, leave the device outside the courtroom, leave the courtroom, abide by any other court order, and may also be subject to prosecution pursuant to s. 136(4) of the Courts of Justice Act.

12. ELECTRONIC DELIVERY OF REASONS FOR JUDGMENT

1. The court will send an HTML and PDF copy of the signed judgment by email to those lawyers and parties who have provided an email address on their materials filed with the court. Paper copies of judgments are also available at the court’s registry office to those parties who do not have an email address, and to members of the public (who must pay the prescribed fee).
2. Judgments are posted on the court’s website shortly after release at https://www.ontariocourts.ca/coa/decisions_main/.
3. The court provides advance notice of release of its reserved decisions at https://www.ontariocourts.ca/coa/decisions_main/notice/.

13. DIGITAL AUDIO RECORDINGS

1. The Court of Appeal is not a “court of record”. Its oral hearings are not monitored or transcribed as a matter of routine. However, the Court of Appeal records all hearings that are held in open court through the use of digital audio recording. Unless a judge orders otherwise, a copy of a digital audio recording is available upon request, provided that the proceedings are not subject to a statutory publication ban or other court order that prevents the release of the digital audio recording.
2. Requests for access to digital audio recordings should be made to the Registrar’s Office. Such recordings are to supplement or replace handwritten notes of the court proceeding and will not be released unless the person requesting the recording pays the regulated digital recording copy fee and signs an undertaking agreeing to respect the statutory limits on the permitted uses of the recording.
3. If a person wishes to have a transcript of a hearing made, he or she must first bring a motion for permission to do so before a single judge. Once the order is obtained, the person may have the recording transcribed at their own expense.
4. The publication, broadcasting, reproduction or other dissemination of an audio recording of a court hearing is prohibited unless expressly authorized by a court order.

14. POST-HEARING SUBMISSIONS

1. Parties are expected to fully argue all issues on an appeal in the factum and in oral submissions at the hearing of the appeal.
2. On occasion, after the hearing of an appeal, the court may wish to receive further submissions from the parties in respect of one or more issues. The Executive Legal Officer will advise the parties of any request by the court for further submissions and will give a timetable within which to serve and file this material.
3. The parties may become aware of a newly-decided authority that might have an impact on a reserved appeal. The authority may be sent by e-mail, without submissions, to the attention of the Executive Legal Officer, who will ensure that the material is transmitted to the panel that heard the appeal.
4. If a party wishes to make submissions concerning the impact of a new authority, a request to do so should be included in a covering letter addressed to the Executive Legal Officer and copied to the other parties. The Executive Legal Officer will advise the parties whether the court is prepared to entertain such submissions and, if necessary, will give a timetable for serving and filing submissions.
5. In exceptional circumstances, a party may seek to make additional submissions to the court while an appeal is under reserve. The request, outlining the essentials of the argument and the reasons the argument was not made at the hearing of the appeal, should be made in writing to the attention of the Executive Legal Officer. Opposing parties may respond, in writing, to the request. The Executive Legal Officer will advise the parties whether the panel will receive further submissions. This process is not to be viewed as a substitute for properly preparing the factum and fully arguing the issues at the hearing of the appeal.
6. After a panel has released its reasons for judgment, the decision of the court is final. The normal recourse for a party who objects to the court’s decision is by way of an application for leave to appeal to the Supreme Court of Canada.
7. If there are concerns about the content of a judgment, for example a publication ban issue, counsel should contact the Registrar of the Court of Appeal.

15. ALLEGATIONS OF INEFFECTIVE ASSISTANCE OF COUNSEL

1. This section of the Practice Direction applies to appeals to the Court of Appeal for Ontario in which an appellant proposes to allege that trial counsel provided ineffective assistance to him or her or otherwise caused or contributed to a miscarriage of justice.
2. For the purposes of this section, the following definitions apply:
   1. “appeal counsel” means a defence lawyer who is retained to represent an appellant on any appeal against conviction and/or sentence to the Court of Appeal for Ontario;
   2. “appellant” means a person who has been convicted of a criminal offence and has launched an appeal against that conviction and/or sentence to the Court of Appeal for Ontario;
   3. “appeal management judge” means the judge of the Court of Appeal who is responsible for managing the perfection of the appeal;
   4. “Court” means the Court of Appeal for Ontario or a panel thereof;
   5. “file” means all of the pleadings, disclosure, documents, memoranda, records, instructions, transcripts, journals, correspondence of all kinds, whether written or electronic, that were kept or used by trial counsel in respect of criminal proceedings against an appellant;
   6. “record” means all evidence and submissions filed with respect to the fresh evidence application;
   7. “respondent” means counsel for the Crown (either from the Crown Law Office – Criminal or the Federal Department of Justice) assigned to respond to the appellant’s appeal; and
   8. “trial counsel” means any defence lawyer who was retained to act on behalf of any appellant in criminal proceedings at trial.
3. Before appeal counsel decides whether to advance an allegation of ineffective assistance of trial counsel as a ground of appeal, appeal counsel shall, as soon as possible:
   1. satisfy him or herself, by personal investigation or inquiries, that some factual foundation exists for this allegation apart from the instructions of the appellant;
   2. provide trial counsel with informal notice of the general nature of the potential allegation of ineffective assistance;
   3. provide trial counsel with a copy of this section of the Practice Direction, or a link to the court’s website where it can be found; and
   4. provide trial counsel with a reasonable opportunity to respond to the allegations.

When provided with informal notice of the potential allegations, trial counsel shall acknowledge receipt of the notice in writing to appeal counsel as soon as reasonably possible.

4. In any case in which appeal counsel decides to pursue an allegation of ineffective assistance of trial counsel as a ground of appeal, appeal counsel shall:
   1. provide trial counsel with a copy of a supplementary notice of appeal in which the allegation of ineffective assistance of counsel is described with reasonable particularity, together with any subsequent documents that provide any further details of the claim;
   2. serve a copy of the supplementary notice of appeal and any subsequent documents that provide further details of the claim on the respondent;
   3. file a supplementary notice of appeal with the Court; and
   4. serve and file with the supplementary notice of appeal a cover letter stating that the matter concerns an allegation of ineffective assistance of counsel, and providing the court with the address, telephone number, and e-mail address of the trial or appellate counsel alleged to have provided ineffective assistance.
5. Upon receipt of a supplementary notice of appeal or other document alleging ineffective assistance of trial counsel, a judge of the court will be appointed appeal management judge to supervise the collection and assembly of materials that will become the record for the advancement and determination of the allegation of ineffective assistance of trial counsel. There is no need for counsel to request appeal management in these cases.
6. As soon as reasonably possible after receiving a written request from appeal counsel and a written direction from the appellant or a supplementary notice of appeal that contains an allegation of ineffective assistance, whichever is first to occur, trial counsel shall forthwith transfer the entire file to appeal counsel. If trial counsel has any objection to the transfer of the file, he or she may bring an application for directions to the appeal management judge as soon as possible.
7. If trial counsel wants to, or is professionally obligated to, keep a copy of any portions of the trial file before transferring the file to appeal counsel, trial counsel may, at his or her expense, make copies of those documents she or he wishes to retain from the file. Further, if trial counsel wants access to the file in connection with the appellant’s case after its transfer to appeal counsel, appeal counsel must:
   1. facilitate trial counsel’s access to the entire file within a reasonable time; and
   2. permit trial counsel to make copies of those documents she or he wishes from the file at trial counsel’s own expense.
8. As soon as reasonably possible after being served with a notice of appeal, supplementary notice of appeal or other document alleging ineffective assistance of trial counsel, the responsible Director of the Crown Law Office – Criminal or the Public Prosecution Service of Canada shall:
   1. assign counsel to respond to the appeal and to deal with any issues that may arise concerning the claim of ineffective assistance of trial counsel; and
   2. advise the Criminal Appeal Coordinator of the name of counsel assigned to respond to the appeal. An e-mail to this effect is sufficient.
9. Starting from 30 days after appeal counsel’s receipt of the appellant’s file from trial counsel, appeal counsel shall permit counsel for the respondent to have access to this file, except for any materials over which the appellant claims solicitor-client privilege.Where the appellant does not assert any claim of solicitor-client privilege with respect to any material in the file, the respondent may make copies of any or all of those materials at the respondent’s expense.
10. Where the appellant asserts a claim of solicitor-client privilege with respect to any materials in the file, appeal counsel shall forthwith provide the respondent with:
    1. an inventory identifying the materials alleged to be privileged, to the extent it is possible to do so without compromising the privilege; and
    2. a brief written statement of appeal counsel’s position on the basis of the claim of the solicitor-client privilege and the extent or scope of any waiver of the privilege arising from the allegation of ineffective assistance at trial.
11. As soon as practicable and not later than 45 days from the date on which counsel for the respondent has been assigned to the appeal, appeal counsel shall complete, serve on the respondent and file with the Court a document in Schedule ‘A’ Word, PDF, available on the court’s website. Within the same time period, appeal counsel and counsel for the respondent shall arrange a meeting or a conference call with the appeal management judge regarding:
    1. the specific nature of the allegation of ineffective assistance;
    2. any issues arising from the assertion of solicitor-client privilege and the extent of any waiver of that privilege;
    3. any issues arising out of access to the trial file by trial counsel or the respondent;
    4. a timetable for the appellant’s perfection of the appeal, including the filing of material to comprise the record on the claim of ineffective assistance of counsel; and
    5. any other issues relating to the perfection, listing and argument of the appeal.
12. Appeal counsel shall file with the court an inventory of all material that they propose to have constitute the record in connection with the claim of ineffective assistance of trial counsel not later than the deadline imposed by the appeal management judge. To the extent that the respondent knows at this stage of any materials to be filed, they may be included in a joint record to avoid duplication.
13. As soon as possible after the inventory of proposed contents of the record has been filed, appeal counsel, the respondent and the appeal management judge shall meet in person or by conference call to discuss and for the appeal management judge to provide directions about:
    1. the order and timetable for cross-examination on the materials filed by appeal counsel and the respondent;
    2. the timetable for cross-examination of trial counsel on his or her affidavit, or if trial counsel has not filed an affidavit, for examination of trial counsel on his or her professional performance at trial; and
    3. the resolution of any outstanding or potential issues of solicitor-client privilege before the examination or cross-examination of trial counsel takes place.
14. When the record for the claim of ineffective assistance of counsel at trial has been completed, appeal counsel and the respondent shall meet in person or by conference call with the appeal management judge regarding:
    1. filing the record compiled in connection with the claim of ineffective assistance of trial counsel;
    2. filing any additional factums relating to this ground of appeal;
    3. determining the time to be allotted for oral argument;
    4. a timetable for the filing of material to be filed on behalf of the respondent;
    5. a timetable for any remaining cross-examinations;
    6. setting a date for the hearing of the appeal; and
    7. any other issue relating to the perfection, listing or hearing of the appeal, including whether any further appeal management conference calls are necessary.
15. Where the advancement of ineffective assistance of trial counsel as a ground of appeal involves an application by appeal counsel to introduce fresh evidence on the hearing of the appeal, the record shall be sealed when filed with the court in accordance with r. 27(10). Absent direction or an order from the appeal management judge to the contrary, the parties may make detailed reference in their respective factums to the content of the material included in the record completed for the purposes of advancing this ground of appeal. The court may read the sealed materials in advance of the hearing of the appeal. Any factums relating to the fresh evidence shall also be sealed.
16. Where the alleged ineffective assistance was by appellate counsel and not trial counsel, this counsel may be referred to as “first appellate counsel”, and the rest of this section applies with the appropriate modifications.
17. The procedure described in this section of the Practice Direction does not relieve appeal counsel of the obligation to perfect the appeal in accordance with the Criminal Appeal Rules. The appeal management judge may give directions or make orders relieving appeal counsel or the respondent of strict compliance with this Practice Direction or the Criminal Appeal Rules.

16. APPEALS UNDER PART XX.1 OF THE CRIMINAL CODE

16.1 Service of Court Documents in Part XX.1 Appeals

1. The parties should be aware of special considerations when serving court documents on accused people in Part XX.1 appeals, such as Notices of Appeal. Where possible, the Attorney General or the person in charge of the hospital should effect service on counsel for an accused. Where the Rules require that the accused be served personally, the Attorney General and the person in charge of the hospital should make best efforts to effect service in a manner that is sensitive to the accused’s needs and circumstances, including the time of day, and whether service is delivered by an officer in uniform or plainclothes. The Attorney General or the person in charge of the hospital may also wish to deliver a copy of the notice of appeal to the accused’s counsel from the Ontario Review Board as a courtesy, whether or not that counsel is retained for the appeal.

16.2 Hearings for Part XX.1 Appeals

1. Where an appellant accused in custody is represented by counsel and the appeal is on a ground involving a question of law alone, pursuant to s. 688(2)(a), the appellant is not entitled to be present at the oral hearing without leave of the court or a judge. If the appellant wishes to attend, this request must be made through counsel at the time the hearing is scheduled. Counsel are encouraged to discuss with their clients the option for the appellant to attend by means of any suitable telecommunication device satisfactory to the court, including by video or telephone. Attendance by telecommunication device may be appropriate where personal attendance would be disruptive or distressing to the accused. The Attorney General may make arrangements to have the necessary orders signed if personal attendance is required.
2. Hearings for Part XX.1 appeals may be scheduled later in the day than 10:00 a.m., where a party must travel from an institution to attend.

17. CONTACT INFORMATION FOR THE COURT’S REGISTRAR

1. The office of the Registrar may be contacted at COA.Registrar@ontario.ca.

18. CONTACT INFORMATION FOR THE COURT’S EXECUTIVE LEGAL OFFICER

1. The office of the Executive Legal Officer may be contacted at COA.ExecutiveLegalOfficer@ontario.ca.

19. CONTACT INFORMATION FOR THE COURT’S CRIMINAL APPEAL COORDINATOR

1. The office of the Criminal Appeal Coordinator may be contacted at COA.Scheduling@ontario.ca

Chief Justice Michael H. Tulloch
April 9, 2026
Date