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R v Jobidon, [1991] 2 SCR 714 (Link)


On Jobidon's wedding day, he gets into a consensual bar fight. J strikes the victim and continues to strike after the victim goes unconscious. The victim dies. J is charged with manslaughter.


In the context of assault in s.265 of the Criminal Code, when may consent be vitiated?


A person cannot consent to bodily harm.


In the context of s.265 of the Criminal Code, a person may consent to assault. However, the threshold for the vitiation of consent is bodily harm. One exception is in sport, where one may consent to a higher degree of injury since sports lack an intent to injure and have social value.

In this case, there is no public interest in allowing people to commit bodily harm against one another.


Decision in favour of Crown.


  1. claudia700 2

    Minor mistake in facts: the wedding day is not Jobidon’s but his victim’s.

  2. claudia700 2

    correction to ratio: Person cannot consent to serious bodily harm.

    correction to analysis: In this case, there is no public interest in allowing people to participate in activities, such as fist fighting, that have no positive social value. (committing bodily harm against another is not against public policy per se unless it occurs through an activity that is deemed to have negative social value; fist fighting desensitizes the public and causes disturbances of the peace)

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