By John L. Hill ( November 11, 2026, 11:17 AM EST) -- A trial judge must instruct a jury on a defence that has an air of reality, even when defence counsel has not clearly advanced it as part of the accused’s case. The British Columbia Court of Appeal reinforced that principle by overturning Duite Simms’s assault conviction and ordering a new trial (R. v. Simms, 2026 BCCA 363)....