“
I didn’t do it; nobody saw me do it; you can’t prove anything.”
— Bart Simpson
The iconic fictional cartoon character Bart Simpson was obviously lying when he delivered the above statement, but the lie itself did not get Bart into any trouble. In the real world, lies often go unpunished when uncovered, though the liar may face reputational damage and a loss of trust from those impacted by the lie. However, if you lie to the police or judiciary system, you can be charged with a criminal offence under Canada’s Criminal Code.
Given the severe penalties the Criminal Code can impose on those convicted of lying to the police or courts, the criminal defence lawyers of the Greater Toronto law firm Mass Tsang recommend that anyone compelled to provide information to the police or a court should be truthful or remain silent and seek legal counsel. Read on to better understand the potential implications of lying to the police or Canadian courts.
The process of handling charges for lying to police or courts:
Incident → Investigation → Charge Laid → Legal Consultation → Court Proceedings → Sentencing/Appeal
Jeff Mass , Criminal Lawyer at MassTsang: “Lying to police or courts has serious repercussions under the Criminal Code. At Mass Tsang LLP, we provide tailored legal counsel to safeguard your rights.”
Lying to the police is not a criminal act on its own, and you cannot be charged with lying about not committing an offence ala Bart Simpson. However, if a lie you tell police causes them to initiate or expand a criminal investigation, it can lead them to charge you with public mischief if the lie is uncovered. Under Section 140 (1) of the Criminal Code, public mischief is described as any one of four actions that an offender purposely takes with an intent to mislead police to the extent that they initiate or continue a criminal investigation. In short, the offence is designed to punish those who waste the police’s valuable time by giving them false information.
The four intentional actions that can generate public mischief charges are:
Public mischief is a hybrid offence with a maximum punishment of five years imprisonment if charged as an indictable offence. The maximum penalty is a two-year jail term when charged as a summary conviction offence.
If you purposely lie to or mislead a Canadian court, the Crown can charge you with perjury or similar offences. Along with public mischief, these offences are detailed under Sections 131-142 of the Criminal Code’s appropriately titled “Misleading Justice” chapter.
Robbie Tsang , Criminal Lawyer at MassTsang: “Facing charges related to misleading justice can be overwhelming. Our team is committed to building robust defences for our clients.”
Section 131 of the Code defines perjury as knowingly and intentionally making a false statement to any authorized judicial official while under oath, whether by affidavit, solemn declaration or deposition or orally. Section 131(1.1) makes perjury an offence if someone gives false evidence in a judicial matter via video link with the intent to mislead. The offender does not need to have been made under oath or solemn declaration, and the charges can be applied even if the offender has delivered the false evidence from another country. Perjury is an indictable offence that carries a maximum 14-year prison sentence.
Jeff Mass : “The intent behind an alleged offence plays a crucial role in legal proceedings. We work diligently to highlight the lack of intent where applicable.”
Knowingly making a false statement is a summary conviction offence that carries a two-year maximum sentence. Similar to perjury, this lesser offence applies when someone makes a false statement via affidavit, solemn declaration, deposition, or orally in non-judicial situations. The primary difference between perjury and making a false statement is that the Crown only needs to prove that the accused “knowingly” made the false statement. With perjury, the Crown needs to prove that the offender intended to mislead. However, a person cannot be convicted of making a false statement if they believed it to be true when they made it. Several sections of the Code, including Sections 134 and 138, include making false statement provisions.
If you must serve as a witness in two different judicial proceedings addressing a similar legal issue, you’d better have your facts in line because purposely giving contradictory evidence is treated similarly to perjury. As described in Section 136(1) , anyone “who, being a witness in a judicial proceeding, gives evidence with respect to any matter of fact or knowledge and who subsequently, in a judicial proceeding, gives evidence that is contrary to his previous evidence is guilty of an indictable offence.” The truth of the evidence itself, whether the prior or later evidence, is not at issue; rather, it’s the intent to deceive. As with perjury, this crime is an indictable offence that carries a maximum 14-year prison term if convicted.
Section 137 makes it a crime to intentionally fabricate evidence used in a judicial proceeding. Such fabricated evidence is treated like lying to the court, and persons charged with the offence face the same 14-year maximum prison sentence as those accused of perjury.
Be careful what you put down in writing for a legal proceeding because Section 138 makes it a summary conviction offence to falsify affidavits. Such falsification includes:
A conviction of this offence carries a maximum two-year prison sentence.
| Offence | Description | Potential Sentence | References |
|---|---|---|---|
| Public Mischief | Misleading police through false statements or actions. | Up to 5 years imprisonment (indictable), 2 years (summary) | Criminal Code, Sec. 140 |
| Perjury | Making a false statement under oath to a judicial official. | Up to 14 years imprisonment | Criminal Code, Sec. 131 |
| Contradictory Evidence | Giving conflicting testimony in judicial proceedings. | Up to 14 years imprisonment | Criminal Code, Sec. 136 |
| Fabrication of Evidence | Creating or using fabricated evidence in judicial proceedings. | Up to 14 years imprisonment | Criminal Code, Sec. 137 |
| Falsification of Affidavits | Signing or using false affidavits or statutory declarations. | Up to 2 years imprisonment | Criminal Code, Sec. 138 |
| Factor | Impact on Sentence |
|---|---|
| Intent | Higher penalties for intentional deceit |
| Severity of Impact | Increased sentences if significant harm results |
| Cooperation with Authorities | May reduce penalties |
| Criminal Record | Prior convictions lead to harsher penalties |
Besides making a false statement-related charges, the Crown must prove that the offender intentionally meant to deceive the court or judicial officials. When defending against these charges, criminal defence lawyers strive to demonstrate a lack of intent.
With more than 30 years of criminal defence experience in the Greater Toronto Area, the skilled criminal defence lawyers of Mass Tsang have successfully defended some of their clients against perjury and related charges. If you’re facing criminal perjury charges or are otherwise seeking a robust criminal defence, turn to the experts at Mass Tsang by contacting us today for a free consultation.
