135. [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 17]
Marginal note:Witness giving contradictory evidence
136. (1) Every one 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 and liable to imprisonment for a term not exceeding fourteen years, whether or not the prior or later evidence or either is true, but no person shall be convicted under this section unless the court, judge or provincial court judge, as the case may be, is satisfied beyond a reasonable doubt that the accused, in giving evidence in either of the judicial proceedings, intended to mislead.
Marginal note:Evidence in specific cases
(1.1) Evidence given under section 714.1, 714.2, 714.3 or 714.4 or under subsection 46(2) of the Canada Evidence Act or evidence or a statement given pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act is deemed to be evidence given by a witness in a judicial proceeding for the purposes of subsection (1).
Definition of “evidence”
(2) Notwithstanding the definition “evidence” in section 118, “evidence”, for the purposes of this section, does not include evidence that is not material.
Marginal note:Proof of former trial
(2.1) Where a person is charged with an offence under this section, a certificate specifying with reasonable particularity the proceeding in which that person is alleged to have given the evidence in respect of which the offence is charged, is evidence that it was given in a judicial proceeding, without proof of the signature or official character of the person by whom the certificate purports to be signed if it purports to be signed by the clerk of the court or other official having the custody of the record of that proceeding or by his lawful deputy.
Marginal note:Consent required
(3) No proceedings shall be instituted under this section without the consent of the Attorney General.
- R.S., 1985, c. C-46, s. 136;
- R.S., 1985, c. 27 (1st Supp.), ss. 18, 203;
- 1999, c. 18, s. 93.
Marginal note:Fabricating evidence
137. Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
- R.S., c. C-34, s. 125.
Marginal note:Offences relating to affidavits
138. Every one who
(a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration,
(b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or
(c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
- R.S., c. C-34, s. 126.
- Date modified: