Canadian Criminal Law/Offences/Perjury

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Perjury
s. 131 of the Crim. Code
Election / Plea
Crown Election Indictable
Jurisdiction Prov. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Summary Dispositions
Indictable Dispositions
Maximum 14 years jail
References
Offence Elements
Sentence Principles
Sentence Digests

Legislation[edit]

Perjury
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 or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.

Video links, etc.
(1.1) Subject to subsection (3), every person who gives evidence under subsection 46(2) of the Canada Evidence Act, or gives evidence or a statement pursuant to an order made under section 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 under oath or solemn affirmation in accordance with subsection (1), so long as 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.

Idem
(2) Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding.

Application
(3) Subsections (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.

Punishment
132. Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Corroboration
133. No person shall be convicted of an offence under section 132 on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

CCC

Proof of Offence[edit]

Elements of Proof[edit]

  1. identity of accused
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. ♰ obtain evidence of prior hearings
    1. ♰ obtain transcript of prior hearings
    2. ♰ have transcript certified by presiding judge
    3. ♰ provide notice to accused of intention to produce
  5. ♰ prove contents of hearings (through the clerk of the original trial)
    1. ♰ jurisdiction, date and time of prior hearing
    2. ♰ identity of accused as a witness
    3. ♰ the clerk swore the accused
    4. ♰ that the accused gave testimony to a fact
      ♰ <have all documents filed with the court>
  6. ♰ there was a contradiction between the testimony in the prior hearing #1 and prior hearing #2
  7. ♰ the accused knew that they were contradictory at the time
  8. ♰ the accused intended to be contradictory at the time

Tender Exhibits[edit]

  1. ♰ evidence of prior hearings:
    1. ♰ transcript of prior hearings
    2. ♰ subpoena clerk of original trial to bring all documents related to trial
    3. ♰ provide notice to accused of intention to produce
  2. ♰ any other documents in possession of the clerk of original trial related to it

Interpretation[edit]

Section 133 intends to prohibit the conviction of the accused on the basis of evidence from a single witness claiming the accused lied. However, where the case is entirely circumstantial, the crown does not need to corroborate the evidence.[1]

  1. R. v. Reyat 2012 BCCA 311 (CanLII)