Citations [1991] 2 S.C.R. 714 | Ruling court Supreme Court of Canada | |
 | ||
Full case name Jules Jobidon v Her Majesty The Queen Prior history Found guilty of manslaughter by the Ontario Court of Appeal. Majority Gonthier J., joined by La Forest, L'Heureux-Dubé, Cory and Iacobucci JJ. Concur/dissent Sopinka J., joined by Stevenson J. People also search for Frey v Fedoruk, R v Creighton | ||
R v Jobidon, [1991] 2 S.C.R. 714 is a leading Supreme Court of Canada decision where the Court held that consent cannot be used as a defence for a criminal act such as assault which may cause "serious hurt or non-trivial bodily harm".
Contents
Background
In September 1986, Rodney Haggart was celebrating his engagement in a hotel bar near Sudbury, Ontario. Haggart had an exchange of angry words with Jules Jobidon, a young man at the bar with his brother. Haggart challenged him to a fight in the bar but it was soon broken up. They both agreed that the fight was not over.
Jobidon waited outside until Haggart left to continue the fight. His first punch was with such force that Haggart was knocked unconscious. Jobidon immediately continued to punch him in the head . Haggart was taken to a hospital and later died of severe contusions to the head. Jobidon was charged with manslaughter.
At trial the judge found that though Jobidon did not intend to kill him, the possibility of serious injury was foreseeable. Jobidon successfully argued that Haggart had consented to the fight, and so he was acquitted. In the initial trial in Sudbury, the Crown was represented by Greg Rodgers and Mr. Jobidon by Edward (Ted) Conroy. The Court of Appeal overturned the verdict and substituted a conviction for manslaughter.
The principal issue was whether absence of consent is a material element which must be proven by the Crown in all cases of assault or whether there are common law limitations which restrict or negate the legal effectiveness of consent in certain types of cases.
Reasons of the Court
Justice Gonthier, writing for the majority, argued that the criminal law has a "paternalistic" dimension which attempts to ensure that all "citizens treat each other humanely and with respect". Nevertheless, consent would be a valid defence where the harm was trivial or where it is part of a socially valuable activity such as sports.
Justice Sopinka, in concurring reasons that agreed with the result but not with the majority's reasoning, held that the majority was expanding the scope of the criminal provision beyond what was intended by Parliament. In the current situation, Sopinka found that the beating became so severe that it would be impossible for Haggart to consent to it.