Offence 267(c): Jobidon

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

Jobidon[292] Instruction on Consent

The law allows us to consent to a certain amount of physical pain or discomfort, for example, in contact sports, but not to bodily harm.

In this case, you must consider two questions:

1. Whether (NOA) caused bodily harm; and

2. Whether (NOA) intended to cause bodily harm.

If (NOA) intentionally caused bodily harm, it does not matter whether (NOC) consented.

To “intentionally cause” bodily harm means to significantly contribute to an injury, and to do it on purpose.

“Bodily harm” is any hurt or injury that interferes with a person’s health, comfort, or psychological well-being. The harm must be something that is more than brief, fleeting, or minor.

If you are persuaded beyond a reasonable doubt that (NOA) intentionally caused bodily harm, you must find (NOA) guilty of (specify offence).

If you are not sure about whether (NOA) intended to cause bodily harm, you must find (NOA) not guilty of (specify offence).

(Review relevant evidence and relate to issue.)

[292] R. v. Jobidon, [1991] 2 S.C.R. 714