Representing Yourself in the Court of Appeal

Where do I turn for information about a legal problem?

Community Legal Information of PEI can provide you with information about the justice system and the law.

Where can I find a lawyer?

Depending on your situation, you may wish to look into the following legal representation services:

In rare cases, the Court of Appeal may appoint a lawyer to represent you if have have been denied legal aid. You must make an application to the court to receive this service. Find more information to assist you in making this application using the following Adobe PDF forms:

What resources are available if I choose to represent myself?

If you do not have a lawyer for an appeal, you will need to prepare and file your documents and do the legal research to represent yourself. You will need to understand the court system, what documents to file, the law specific to your case and the possible arguments for your case.

For a summary of the procedure for a civil appeal:

The following resources may help you understand the principles of sentencing:

  • Martin's Annual Criminal Code offers examples of errors made by trial judges when applying the principles of sentencing (see the annotations following sections 687, 718, 718.1 and 718.2). It is available from the Law Society library.
  • Sentencing by Clayton C. Ruby et al. (6th Ed. 2004) is a useful textbook available in the Courthouse Library.

CanLII is a free internet search engine about Canadian law.

The decisions of the Supreme Court of Canada are helpful in understanding the principles of sentencing. You can also find information on sentencing from CanLII.

What do I do if I am in custody and intend to file a criminal appeal?

If you are in custody when the notice of appeal is filed, your appeal will be considered a 'prisoner appeal.' Complete Form 82B (PDF) and refer to Rules 82.04 and 82.05 in Rule 82 (PDF) for instructions on how to file and serve the notice of appeal.

In a prisoner appeal, the Crown is responsible for obtaining the transcript of proceedings at your trial and the Crown is also responsible for preparing the appeal book.

If your appeal is a criminal appeal, you are in custody and you wish to apply for release from custody pending appeal, refer to Rule 82.19 which sets out the requirements for making this application.

The How to Commence and Respond to a Criminal Appeal Guidebook listed above will also be helpful.