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Frequently asked questions

What is an Affidavit in Support of Reopening?

If you have been convicted of a provincial offence without going to trial, you can request a reopening. Filing a notarized request for a reopening simply asks a judge (or justice) their permission to have a trial, since you were convicted by default.

Often, default convictions occur because:

  • you did not request a trial; or
  • you did not receive a notice of trial; or
  • you did not attend your trial.

What is the difference between an appeal and a reopening?

Reopenings are different than appeals. In an appeal, this means a trial has been held and you have already been convicted. You are able to appeal a default conviction when no trial has been held. Either way, an appeal does argue that you should not have been convicted. Appealing is when you take your case to the next court level. The judge can overturn your conviction or order a new trial.

However, with a reopening, this means you were convicted “in absentia”, which  means you were not present when the court convicted you by default. A reopening asks the court to hold another trial so that you can be there.

Reopenings are only available for default convictions.