Perjury
Criminal Code — Section 131
Definition
Perjury is committed when a person makes a false statement under oath or solemn affirmation before a person authorized by law to receive it, knowing the statement to be false and intending to mislead, whether or not in a judicial proceeding. This includes testimony in court, sworn affidavits, statutory declarations, and any other proceeding where evidence is given under oath. The offence also covers statements made before tribunals, commissions of inquiry, and other bodies authorized to administer oaths. Perjury strikes at the foundation of the justice system, which relies on truthful evidence to reach just outcomes.
Penalties
Classification
Indictable offence.
Maximum Penalty
Maximum 14 years imprisonment.
Examples
Elements of Perjury and How It Is Proven
Perjury under s. 131 requires the Crown to prove, beyond a reasonable doubt, that the accused made a statement under oath or affirmation before a person authorized to receive it, that the statement was false, that the accused knew it was false, and that the accused intended to mislead:
1. The statement was made under oath or affirmation: This includes testimony in court, sworn affidavits, statutory declarations, and evidence before tribunals or commissions. 2. The statement was false: The Crown must prove the statement was objectively untrue — not merely inaccurate or mistaken. 3. The accused knew it was false: The accused must have known the statement was untrue when they made it. Honest mistakes, faulty memory, or genuine belief in the truth of a statement are not perjury.
- Proving perjury is difficult. The Crown typically needs evidence beyond the testimony of a single contradicting witness. Corroborating evidence — such as documents, video footage, other witnesses, or forensic evidence — is usually required.
- Related offences:
- s. 133 — Corroboration required: No person can be convicted of perjury on the evidence of only one witness unless that evidence is corroborated in a material particular by evidence implicating the accused: No person can be convicted of perjury solely on the evidence of one witness, unless corroborated
- s. 134 — False statement under oath not authorized by law: Knowingly making a false sworn statement or solemn declaration that was not legally required or authorized (summary conviction, max 2 years less a day)
- s. 137 — Fabricating evidence: Creating false evidence to mislead (max 14 years)
- s. 136 — Giving contradictory evidence: Giving evidence that contradicts prior testimony (max 14 years)
Perjury in Practice — Why Charges Are Rare
Despite the severity of the offence and the frequency of dishonest testimony, perjury charges in Canada are relatively uncommon. Several factors explain this:
- Difficulty of proof: The Crown must prove not only that the statement was false, but that the accused knew it was false. Memory lapses, confusion under cross-examination, and differing recollections of events all make it difficult to distinguish deliberate lies from honest mistakes.
- Reluctance to prosecute: Courts and prosecutors are sometimes reluctant to bring perjury charges because doing so may discourage future witnesses from testifying — even honestly — for fear of being charged if their account is disputed.
- Where perjury charges DO arise:
- Deliberate and provable lies in serious criminal trials
- False affidavits in family law proceedings (custody, support)
- Insurance fraud involving sworn false statements
- False statements to immigration tribunals
- Cases where the false testimony caused significant harm to an innocent person
Perjury convictions carry serious collateral consequences: a criminal record for dishonesty can destroy professional credentials, bar entry to regulated professions, and eliminate credibility as a witness in any future proceeding.
Frequently Asked Questions
What is the penalty for perjury in Canada?
Perjury is an indictable offence carrying a maximum of 14 years imprisonment. Actual sentences vary widely depending on the severity and consequences of the false testimony. In practice, sentences typically range from conditional sentences or short jail terms for less serious instances to several years imprisonment where the perjury caused wrongful conviction or significant harm.
Is lying to police the same as perjury?
No. Perjury specifically requires a false statement made under oath or affirmation. Lying to police during a casual interview is not perjury (though it could be obstruction of justice under s. 139 or public mischief under s. 140 if it diverts an investigation). However, if you make a sworn statement to police, that statement is subject to perjury laws.
Can I be charged with perjury in family court?
Yes. Sworn affidavits and testimony in family court are subject to the same perjury laws as criminal court. False statements in custody disputes, support hearings, or protection order applications can result in perjury charges. Family court judges increasingly refer suspected perjury to Crown prosecutors.
What if I genuinely believed my statement was true?
If you honestly believed your statement was true when you made it, you have not committed perjury — even if the statement turns out to be factually wrong. Perjury requires proof that the accused **knew** the statement was false. Honest mistakes, imperfect memory, and genuine but incorrect beliefs are defences to perjury.
How common are perjury charges in Canada?
Perjury charges are relatively rare in Canada, despite the frequency of dishonest testimony. Prosecutors typically pursue perjury only in the most egregious cases — where the lie is clearly provable, deliberate, and caused significant harm. Most instances of dishonest testimony are addressed through cross-examination and credibility assessments rather than criminal charges.
Related Offences
Need Legal Help?
If you're facing perjury charges, speak with an experienced criminal defense lawyer for free.
Get a Free Consultation →