Perjury is a serious offence that undermines the integrity of legal proceedings. It occurs when an individual deliberately provides false testimony or statements while under oath, with the intent to mislead the court. The justice system relies on truthful evidence, and when that trust is violated, it can result in wrongful judgments and miscarriages of justice. In legal contexts, perjury is treated with significant gravity due to its potential to distort the facts and hinder fair outcomes.
What is Perjury in Canada?
A perjury definition is given under Section 131 of the Criminal Code of Canada:
“Every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.”
This means that for a person to be guilty of perjury, they must meet several criteria:
- The individual must make a false statement while under oath or solemn affirmation.
- The person making the statement must know that it is false at the time it is made.
- The false statement must be made with the intent to mislead those involved in the legal process.
Perjury and lying under oath are not limited to oral testimony in court. False information provided in written affidavits, declarations, or depositions can also constitute perjury. The core of this offence lies in the intent to deceive and the deliberate nature of the falsehood. Simply being mistaken or misspeaking will not meet the standard for perjury; there must be clear intent to mislead.
What is the Penalty for Perjury in Canada?
Perjury is always treated as an indictable offence, which is the most serious category of criminal offence in Canada. Being found guilty of perjury can result in a prison sentence of up to 14 years, though the exact term will depend on the specifics of the case, including the severity of the false statement and its impact on the legal proceedings. Unlike many other offences, there is no option for a summary conviction for perjury, meaning all cases are prosecuted through the more formal and serious indictable process.
There is no specific fine for perjury mentioned in the Criminal Code. The focus is on imprisonment due to the gravity of lying under oath and its potential to cause significant harm to the justice system. The intent behind the punishment of perjury, which is imprisonment, is to deter individuals from deliberately misleading the court, which could lead to wrongful convictions or acquittals.
How to Charge Someone with Perjury in Canada
Charging someone with perjury in Canada is a complex process due to the seriousness of the offence. Here is how the process typically works:
1. Identify the False Statement
The first step is proving that the individual made a false statement while under oath or solemn affirmation during legal proceedings. This can occur in various contexts, such as in court testimony, affidavits, or during depositions. The statement must be material to the case, meaning it must have had the potential to influence the outcome of the proceeding.
2. Prove Intent
For a perjury charge to be successful, it must be demonstrated that the false statement was made knowingly and with the intent to mislead. This means that if someone made an incorrect statement due to a mistake or lack of memory, they cannot be charged with perjury. The prosecution needs to show that the person was aware that their statement was untrue at the time it was made and that their aim was to deceive the court or legal authority.
3. Gather Evidence
Charging someone with perjury requires compelling evidence. According to Section 133 of the Criminal Code, no one can be convicted of perjury based solely on the evidence of one witness. The law requires corroborating evidence to support the claim that the accused knowingly made a false statement. This could include documentation, testimony from multiple witnesses, or other forms of proof demonstrating the deliberate nature of the falsehood.
4. Inform the Authorities
If you believe someone has committed perjury, you must inform the relevant legal authorities. In most cases, this would involve notifying the judge or legal counsel involved in the original proceeding. The authorities will then assess whether there is sufficient evidence to warrant further investigation.
5. Investigation and Prosecution
Once allegations of perjury are raised, law enforcement or other investigative bodies may become involved to gather more evidence. If they determine that there is enough proof of perjury, formal charges may be laid against the individual. At this point, the case moves into the criminal justice system, where it will be prosecuted as an indictable offence.
How a Lawyer Can Help If You Are Accused of Perjury
If you are facing perjury charges, it is imperative that you seek the assistance of an experienced criminal lawyer. Here is how a criminal lawyer can help:
Assessing the Evidence
A criminal lawyer will first thoroughly review the evidence against you. They will examine whether the statement in question was indeed false, whether it was made under oath, and whether there is enough proof to establish that you intended to mislead the court. Given that perjury charges require corroborating evidence beyond just one witness’s testimony, your lawyer will scrutinize how strong or weak the prosecution’s evidence is.
Building a Defense
One of the key roles of a criminal lawyer is to build a defence for your case. Potential defence strategies may include:
- Lack of Intent: If your lawyer can demonstrate that any false statement was made unintentionally or due to a misunderstanding, this could weaken the case against you.
- Mistake of Fact: If you genuinely believed your statement to be true at the time it was made, this could be a valid defence.
- Improper Procedure: Your lawyer may also look into whether proper legal procedures were followed when gathering evidence or when you provided testimony.
Negotiating with Prosecutors
In some cases, your lawyer may be able to negotiate with the prosecution to resolve the matter without going to trial. This could involve negotiating for lesser charges or even having the perjury charge dropped altogether if there are weaknesses in the prosecution’s case.
Representing You in Court
If your case goes to trial, your lawyer will represent you throughout the court proceedings. They will cross-examine witnesses, challenge the admissibility of evidence, and present your defence to reduce or eliminate liability. Their objective will be to raise reasonable doubt about whether you knowingly provided false testimony, which is required to avoid a conviction.
Minimizing Penalties
If convicted, your lawyer can argue for reduced sentencing by presenting mitigating factors in your favour. For example, if this is your first offence or if the false statement had minimal impact on the case, your lawyer could advocate for a more lenient sentence.
If you or someone you know has been accused of perjury, Zamani Law is here to help. Contact us today for a consultation and let our team of experienced criminal lawyers provide you with the legal support you need during this challenging time.
