Perjury is one of the most serious administration-of-justice offences in the Criminal Code, reflecting how heavily the justice system depends on truthful sworn evidence. This guide explains how perjury is defined under section 131, the unique corroboration requirement that applies to this charge, potential penalties, and possible defences. It is general legal information, not legal advice about a specific case.
What Does This Offence Cover?
Section 131 of the Criminal Code defines perjury as making a false statement, with intent to mislead, under oath or solemn affirmation, whether in an affidavit, a solemn declaration, a deposition, or oral testimony, knowing that the statement is false. This means perjury requires more than simply being wrong or mistaken about something said under oath. The Crown must prove that the person knew the statement was false at the time they made it, and that they intended to mislead whoever was relying on it, whether a court, a tribunal, or another official proceeding where sworn evidence is required.
Materiality also plays a role in how these cases are assessed in practice: while section 131 does not limit perjury to statements that were central to the outcome of a proceeding, prosecutors and courts generally focus on false statements that were genuinely relevant to an issue in the case, rather than incidental or peripheral details unlikely to have influenced anyone's decision. A false statement about a minor, unrelated detail is far less likely to be prosecuted as perjury than a false statement going to a central fact in dispute, even though the section's wording is broad.
The Corroboration Requirement
Perjury carries a distinctive procedural safeguard not found in most other Criminal Code offences: a person cannot be convicted of perjury on the evidence of only one witness unless that witness's evidence is corroborated in a material particular by other evidence implicating the accused. In practice, this means the Crown generally needs more than one witness simply asserting that the accused lied under oath; there must be some additional, independent evidence pointing to the same conclusion, such as a document, recording, or other testimony consistent with the allegation. This requirement exists in part because perjury allegations often turn on one person's word against another's, and the consequences of a wrongful conviction on this kind of charge can be severe.
Classification and Penalties
Perjury (Section 131) at a Glance
- Classification
- Straight indictable offence (not hybrid)
- Maximum penalty
- Up to 14 years imprisonment
- Mandatory minimum sentence
- None
- Special procedural rule
- Corroboration required under section 133
These figures reflect the Criminal Code as of this page's last update. Actual sentences depend heavily on the nature of the proceeding affected and the consequences of the false testimony. A criminal lawyer can confirm the current state of the law for a specific case.
Common Scenarios
Perjury charges most often arise from sworn testimony given at a criminal or civil trial, a sworn affidavit filed in a family, civil, or immigration proceeding, or a statement made under oath during an examination for discovery. Common examples include falsely denying involvement in an event while testifying under oath, swearing to facts in an affidavit known to be untrue in a family law dispute, or falsely denying knowledge of a document's existence during a sworn discovery examination. Perjury allegations frequently surface only after the fact, once new evidence, such as a contradictory document or witness, comes to light.
Being wrong about something said under oath is not the same as perjury. Memory can be imperfect, and honest mistakes, even significant ones, do not meet the knowledge and intent requirements of this offence. A perjury allegation should always be assessed carefully against what the person actually knew at the time they testified.
How This Relates to Other Charges
Perjury is closely related to obstruction of justice under section 139, which can also apply to conduct such as encouraging someone else to give false testimony, and to the separate offence of fabricating evidence under section 137, which targets planting or manufacturing physical evidence with intent to mislead a proceeding. Unlike obstruction of justice, which can be prosecuted either summarily or by indictment, perjury is a straight indictable offence with no summary conviction option, reflecting the seriousness with which Parliament treats false sworn testimony.
Consequences Beyond Sentencing
A perjury allegation can have significant effects beyond the criminal case itself. If the false testimony occurred in an underlying civil, family, or immigration proceeding, a finding that a person lied under oath can seriously damage their credibility for the remainder of that proceeding and any related future dealings, even independent of the criminal outcome. For someone holding a professional licence, such as in law, medicine, or a regulated trade, a perjury charge or conviction can also trigger separate regulatory scrutiny, since most professional bodies treat sworn dishonesty as directly relevant to a person's fitness to practise. These consequences can persist regardless of how the underlying case in which the false statement was made is ultimately resolved.
Possible Defences
Because perjury requires the Crown to prove both knowledge of the falsity and intent to mislead, a central defence in many cases is that the statement, even if inaccurate, was an honest belief, mistake, or product of imperfect memory rather than a deliberate lie. The corroboration requirement under section 133 can also be a significant issue, since a case resting on the word of a single witness, without independent supporting evidence, cannot legally support a conviction. Other issues can include whether the statement was actually made under a form of oath or affirmation recognized by law, and whether it was truly material to the proceeding in question. A criminal lawyer should review the exact statement, the surrounding evidence, and the proceeding in which it was made before advising on possible defences.
Frequently Asked Questions
Can I be charged with perjury for being wrong about something I testified to?
No. Perjury requires proof that you knew the statement was false when you made it and intended to mislead. An honest mistake or a lapse in memory is not perjury.
Does a perjury conviction require more than one witness?
Yes, in a specific sense. Section 133 of the Criminal Code prevents a conviction based solely on one witness's word unless it is corroborated by other material evidence.
Does perjury only apply to testimony in a criminal trial?
No. It applies to false statements made under oath or solemn affirmation in any context where that form applies, including affidavits and depositions in civil, family, or other proceedings.
What is the maximum penalty for perjury?
Perjury is a straight indictable offence with a maximum penalty of 14 years imprisonment. There is no mandatory minimum sentence.
Is perjury the same as obstruction of justice?
No. Perjury specifically involves false sworn statements, while obstruction of justice is a broader offence covering a wide range of conduct aimed at interfering with the justice system.