When facing a criminal charge in British Columbia, the right legal strategy can make all the difference between conviction and acquittal. Every case is unique, and a skilled defence lawyer will tailor their approach to the facts, evidence, and applicable laws. That said, several well-established defence strategies frequently arise in BC courts.
This article outlines some of the most effective approaches including the alibi defence, mistaken identity, consent, and mistake of fact and explains how each can help establish reasonable doubt, the standard the Crown must overcome to secure a conviction.
Understanding the Burden of Proof in BC Criminal Law
Before considering specific strategies, it’s essential to understand the foundation of every criminal trial in British Columbia: the burden of proof.
Under Canadian law, the Crown must prove beyond a reasonable doubt that the accused committed the alleged offence. The defence does not have to prove innocence, only that doubt exists about guilt. This principle, protected by the Canadian Charter of Rights and Freedoms, ensures fairness and guards against wrongful convictions.
While criminal offences are prosecuted under the Criminal Code of Canada, they are heard in either the Provincial Court or the Supreme Court of British Columbia, depending on the charge. A strong defence strategy considers not only the evidence but also procedural fairness, Charter compliance, and how the Crown’s case was built.
4 Common Criminal Defence Strategies
1. The Alibi Defence
An alibi is one of the most straightforward yet powerful defences. It establishes that the accused was elsewhere when the alleged offence occurred and therefore could not have committed the crime.
For example, if someone is accused of an assault in downtown Vancouver at 10 p.m., but phone records or surveillance footage show they were in Surrey at that time, that evidence can create strong doubt.
To be credible, an alibi must be supported by reliable evidence or witness testimony. Defence counsel will gather materials such as digital timestamps, receipts, or statements from neutral witnesses to verify the accused’s location.
Because fabricated alibis can harm credibility, BC courts scrutinize them closely. A skilled defence lawyer will ensure that any alibi evidence is consistent, verifiable, and properly disclosed to the Crown.
2. Mistaken Identity
Mistaken identity often arises in cases where crimes occur in chaotic settings or where witnesses had only brief glimpses of the offender. In such cases, the defence argues that while a crime may have occurred, the Crown cannot prove the accused was the perpetrator.
For example, in a robbery case in Burnaby or Surrey, a witness might identify someone based on limited observations, or surveillance video might be unclear.
A defence lawyer will test the reliability of such evidence by examining:
- The lighting and distance at the time of observation
- How long the witness saw the suspect
- Whether the witness was familiar with the accused
- How the police conducted the identification procedure
Courts across Canada recognize eyewitness misidentification as a leading cause of wrongful convictions. Challenging inconsistencies in identification evidence can therefore be a powerful way to establish reasonable doubt.
3. Consent
The consent defence applies in cases such as assault or sexual assault, where the main issue is whether the complainant agreed to the conduct.
In an assault case, the defence may argue that the physical interaction was consensual, such as in a mutual altercation or a sports setting. In sexual assault cases, the analysis is more complex. The law states that consent must be freely given, can be withdrawn at any time, and cannot be obtained through threats, force, or intoxication.
Defence counsel will closely examine communications, witness testimony, and inconsistencies in statements to determine whether consent existed or whether the Crown has failed to prove its absence beyond a reasonable doubt.
Importantly, the accused’s belief in consent must be both honest and reasonable, a principle clarified by the Supreme Court of Canada. This connects to another related defence: mistake of fact.
4. Mistake of Fact
The mistake of fact defence applies when an accused genuinely believed in circumstances that, if true, would make their actions innocent.
For example, if someone takes property believing it belongs to them, they may raise a mistake of fact defence to a theft charge. Similarly, in a sexual assault case, an accused may assert they honestly and reasonably believed the complainant had consented.
This defence focuses on the mental element, mens rea, required to commit a crime. The mistake must be both honest and reasonable; ignorance, recklessness, or willful blindness will not suffice. When supported by evidence, a genuine mistake can raise reasonable doubt and lead to acquittal.
Other Common Criminal Defence Strategies
Beyond these primary defences, several other strategies frequently arise in BC criminal cases:
- Charter challenges: Arguing that police violated Charter rights (for example, through unlawful search and seizure or failure to provide counsel). Evidence obtained through such violations may be excluded.
- Self-defence: Showing that the accused used reasonable force to protect themselves or others.
- Lack of intent: Demonstrating that the accused lacked the required mental state to commit the offence.
- Entrapment: Establishing that law enforcement induced the accused to commit a crime they otherwise would not have.
Each strategy depends on the case’s unique facts, the available evidence, and how the police and Crown conducted their investigation.
Building Reasonable Doubt in BC Courts
The ultimate goal of any defence is to establish reasonable doubt. A court must be firmly convinced of guilt before convicting. If the evidence leaves the judge or jury uncertain, the accused must be acquitted.
Experienced defence counsel will analyze every aspect of the case from witness reliability to search legality to expose weaknesses in the Crown’s evidence and safeguard the accused’s rights.
The Importance of Legal Representation
Navigating a criminal charge in British Columbia is not something to face alone. Whether the allegation involves assault, theft, fraud, or a serious offence such as sexual assault or homicide, having a knowledgeable lawyer is crucial.
A strong defence rests on preparation, strategic thinking, and familiarity with BC courts. Every case requires a tailored approach grounded in both the facts and the law.
Contact Michael Shapray for Skilled Criminal Defence in BC
If you’re facing criminal charges in British Columbia, the right legal guidance can make all the difference. Michael Shapray provides experienced, strategic representation focused on protecting your rights and achieving the best possible outcome.
Contact Michael today for a confidential consultation and start building a strong defence with a lawyer who knows how to win.