Misleading Justice/Perjury (Lying Under Oath)
Perjury is a criminal offence under s.131(1) of the Criminal Code. The law states that any person who has intent to mislead while under oath or solemn affirmation, by affidavit, or orally, knowing the statement is false, is committing perjury.
Perjury is an indictable offence. The maximum penalty for a person convicted of perjury is fourteen years.
What You Should Know
Perjury is an attempt to mislead the court ultimately, by providing false evidence or statements with the knowledge that you are misleading or not being truthful. The Canadian justice system is in search of the utmost truth, therefore, perjury (lying under oath) is an offence taken very seriously. To be convicted of perjury, the prosecutor must prove that the person knowingly lied with intention to mislead the court. If it is found that the person sincerely forgot, or that they may have simply confused evidence, and this is accepted by the court, the person could be found not guilty.
Applicable Legislation s.131
(1) subject to subsection (3), 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 22.2 of the Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard.
(2) Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding.
(3) Subsection (1) and (1.1) do not apply to a statement referred to in either of those subsections that is made by a person who is not specially permitted, authorized or required by law to make that statement.
The Next Step
Being charged with a with a crime of dishonesty or misleading justice such as perjury can have a damaging effect on your reputation, your career, and your future. Lakin Afolabi is an experienced, determined, criminal defence lawyer in London, Ontario. Having assisted people in a wide range of criminal matters, if you have been charged with a crime of dishonesty such as perjury, he is available to advise you on your next steps.
Contact Lakin Afolabi now for a consultation
Call anytime, day or night, 519-495-0870