Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-11-11 and last amended on 2014-09-19. Previous Versions

Misleading Justice

Marginal note:Perjury
  •  (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.

  • Marginal note: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.

  • Marginal note:Idem

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

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 131;
  • R.S., 1985, c. 27 (1st Supp.), s. 17;
  • 1999, c. 18, s. 92.
Marginal note:Punishment

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

  • R.S., 1985, c. C-46, s. 132;
  • R.S., 1985, c. 27 (1st Supp.), s. 17;
  • 1998, c. 35, s. 119.
Marginal note:Corroboration

 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.

  • R.S., 1985, c. C-46, s. 133;
  • R.S., 1985, c. 27 (1st Supp.), s. 17.
Marginal note:Idem
  •  (1) Subject to subsection (2), every one who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement, by affidavit, solemn declaration or deposition or orally before a person who is authorized by law to permit it to be made before him, knowing that the statement is false, is guilty of an offence punishable on summary conviction.

  • Marginal note:Application

    (2) Subsection (1) does not apply to a statement referred to in that subsection that is made in the course of a criminal investigation.

  • R.S., 1985, c. C-46, s. 134;
  • R.S., 1985, c. 27 (1st Supp.), s. 17.