Instructions to Trial Judge:

The defence of accident is so fact-specific that it does not lend itself to a pattern jury instruction. The legal definition of accident is not the same as it is in common parlance. It  does not refer to a mishap or untoward event not expected or designed. In the criminal law context, "accident" means that either the act in question was involuntary, thereby negating the actus reus of the offence, and/or that the accused did not have the necessary mens rea. In the latter case, it will be necessary to identify the nature of the mens rea for the offence charged and what aspect of that mens rea is being denied by the defence in using the term "accident". Only then can a proper instruction to the jury be crafted dealing with the onus on the Crown to prove that element of the offence that the accused is seeking to negate by raising the issue of "accident". Judges would be well advised to heed the comments of the Supreme Court of Canada in R. v. Barton, 2019 SCC 33 at paras 183-194. See also R. v. Primeau, [2017] QCCA 1394.