If you have been called to testify in a trial, sit for a deposition, or provide an affidavit, you may be worried about what happens if you lie under oath. Although it is both a legal and moral obligation to tell the truth while you are under oath, people sometimes feel pressure to lie. For example, if you believe you need to lie to protect a loved one or escape a serious threat, your options may seem limited.
In this blog, we will explain what perjury is, what happens if you lie under oath in Canada, and how a lawyer can help you avoid perjury.
What Does It Mean to Lie Under Oath?
In Canada, there are numerous reasons why you might be put under oath, including:
- Testifying in court as a witness.
- Giving a deposition.
- Providing an affidavit.
- Giving evidence in a family law proceeding.
- Giving evidence in an immigration or refugee hearing or in a disciplinary hearing.
- Participating in a parliamentary inquiry.
Lying under oath is called perjury and is illegal under Section 131 of the Criminal Code of Canada. For a statement to qualify as perjury it must be false, and the person making the statement must have known that it was false at the time. In addition, the statement must be about something material to the matter at hand rather than a trivial detail.
What Lying Under Oath Does Not Include:
Not every false statement made under oath would be considered perjury. If one of the following applies your lawyer can use it to defend you if you are charged with this offence:
- Honest mistakes or misunderstandings.
- Contradictory statements you made because you were nervous or confused.
- Subjective statements such as opinions.
- Statements about minor details or unrelated matters.
What Happens If You Lie Under Oath as a Witness?
If you commit perjury, it does not automatically lead to criminal charges. Here is the process for what happens if you lie under oath as a witness:
- The lie is discovered or identified by the judge, a lawyer, or another person.
- The perjury could be reported to the Crown attorney or the police, or it could be brought to the attention of the court.
- If the police open a formal investigation, they will begin to collect evidence. The police and the prosecution will determine whether there is enough evidence to file charges.
- Depending on what is determined, you could be formally charged.
- The onus would then be on the Crown to prove beyond a reasonable doubt that:
- You made a false statement.
- You made the statement knowingly.
- The statement was about a material matter and not something trivial.
- You were under oath at the time you made the statement.
If you are convicted, the judge will decide on a penalty, which can range from a fine or probation to up to 14 years in prison.
What Happens If You Lie Under Oath in Family Court?
Family court is where matters such as separation and divorce, child custody and child support, adoption, paternity, child protection, and restraining orders pertaining to domestic violence are heard.
Judges in family court are less likely to pursue criminal charges for perjury, but the consequences can nevertheless be very serious. The judge may choose to disregard the testimony or to rule against you. If you are in court seeking a more favourable custody arrangement, for example, the judge may decide for the existing arrangement with no adjustments.
Can You Refuse to Answer a Question Under Oath?
If you are worried about what happens when you lie under oath, you may be thinking about remaining silent. Although you commonly see this tactic in US proceedings, it is not permitted in Canada. There is no equivalent to the 5th Amendment in Canada and you must answer the questions you are asked. However, what you say under oath as a witness cannot be used in subsequent proceedings against you.
How a Lawyer Can Help You Avoid Perjury
People rarely intend to lie under oath but may do so if they feel pressured or get confused. Having a good criminal lawyer at your side can help you avoid perjury in these ways:
Explaining Your Legal Obligations
Your lawyer will explain what it means to be under oath and what happens if you lie under oath. They will also go over the differences between statements of fact and opinions and what counts as perjury.
Preparing You to Testify
Giving testimony or sitting for a deposition can be intimidating. Your lawyer can help by reviewing your timelines in advance, rehearsing your answers to common questions you might get in court, and identifying which events you can and can’t recall clearly.
Reviewing Sworn Statements
If you have to make a sworn statement such as an affidavit or a financial statement, your lawyer can draft it for you, make sure that everything is accurate, and ask you targeted questions to fill in any gaps.
Note that a lawyer cannot help you lie under oath. Still, they will prevent you from making things worse by helping you frame your testimony in a way that is not misleading, assisting you in withdrawing false statements, and refusing to present misleading testimony.
Worried about what happens if you lie under oath? Zamani Law can explain the implications and help you explore your options so that you can avoid the consequences of this serious crime.
The team at Zamani Law, led by the seasoned legal mind of Farid Zamani, understands the challenges of giving testimony, especially when the stakes are high; we will guide you through the process with compassion, integrity, and a steady hand.
Contact Zamani Law today for a free consultation.
