section 132

INTRODUCTION AND BRIEF DESCRIPTION

Committing perjury in Canada is punishable by up to 14 years of imprisonment.

SECTION WORDING

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

EXPLANATION

Section 132 of the Criminal Code of Canada outlines the criminal offence of perjury. The section provides that any individual who commits perjury, which is defined as giving false testimony under oath or solemn affirmation in any judicial or legal proceeding, is guilty of committing an indictable offence. The punishment for such an offence is imprisonment for up to a maximum of fourteen years. Perjury is a serious offence as it strikes at the heart of the administration of justice. It undermines the integrity of the legal system, and can result in wrongful convictions or the acquittal of guilty individuals. When someone takes an oath or makes a solemn affirmation to provide truthful evidence in a legal proceeding, they are required by law to speak the truth. If an individual knowingly provides false testimony, they are committing perjury. The offence of perjury can occur in a variety of legal proceedings. This can include testifying in court, providing statements to the police or other investigative bodies, or presenting affidavits or statutory declarations. The penalty for perjury is severe as it reflects the gravity and seriousness of the offence. It is intended to act as a deterrent to individuals who may consider giving false evidence. Overall, Section 132 of the Criminal Code highlights the importance of honesty and integrity in legal proceedings. The criminal justice system relies on individuals to provide truthful evidence, and the offence of perjury ensures that those who choose to provide false testimony are held accountable for their actions.

COMMENTARY

Section 132 of the Criminal Code of Canada criminalizes perjury, which is the act of lying under oath during a judicial proceeding. The seriousness of perjury lies in its potential to undermine the integrity of the justice system by rendering the evidence presented before the court unreliable. This can result in wrongful convictions or acquittals, which can have disastrous consequences for both the accused and the victim. Under Section 132, anyone who commits perjury is guilty of an indictable offence and faces a maximum prison sentence of fourteen years, a considerable punishment. However, it is essential to note that perjury cases are complicated to prove, and many do not result in a conviction. This difficulty in establishing perjury charges is usually due to the challenge of proving that the accused intended to give false testimony or that their misleading statements were a material factor in the court's decision. The law recognizes that witnesses may make mistakes, fail to recollect critical events, or have limited knowledge of the circumstances surrounding the crime. Witnesses may also have bias, which should not be mistaken for perjury. These complications can make it difficult to determine when a witness is lying intentionally and when they are making an honest mistake. Because of these complications, charges of perjury are pursued only in significant cases where it's clear that an individual has lied under oath. Despite the technicalities and complexities involved in proving perjury charges, the law still regards this offence as highly criminal and deserving strict punishment. This law demonstrates Canada's commitment to maintaining the integrity of its judicial system, which is critical to ensuring justice for all. In addition to the penalties prescribed by the law, perjury also carries significant social and reputational consequences for the convicted individual. The public and the justice system view perjury as a severe crime, and a conviction for perjury can result in a significant loss of trust and respect from the community. In conclusion, Section 132 of the Criminal Code of Canada, by making perjury a serious criminal offence, is a critical piece of legislation that is integral to the country's justice system. Although charging an individual with perjury can be difficult, the law is necessary to deter unscrupulous witnesses from providing false and misleading testimony. Furthermore, by making perjury a severe crime punishable by imprisonment of up to fourteen years, the law sends a clear message of deterrence and should help to maintain the credibility and fairness of the Canadian justice system.

STRATEGY

Section 132 of the Criminal Code of Canada deals with the offence of perjury. Perjury is a serious offence that can lead to imprisonment for up to fourteen years. As such, there are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code of Canada. First and foremost, it is important to understand what constitutes perjury. Perjury occurs when an individual makes a false statement under oath or affirmation in a judicial proceeding. This can include lying on the stand in a criminal trial, making false statements in a deposition, or providing false information in an affidavit. To secure a conviction for perjury, prosecutors must prove that the individual intentionally made a false statement and that the statement was material to the case at hand. One strategy that can be employed when dealing with section 132 of the Criminal Code of Canada is to focus on the materiality of the false statement. Prosecutors must demonstrate that the false statement made by the accused was material to the case at hand. This means that the false statement must have had the potential to influence the outcome of the trial or proceeding. By focusing on the materiality of the false statement, prosecutors can more effectively demonstrate the culpability of the accused and secure a conviction. Another strategy that can be employed when dealing with section 132 of the Criminal Code of Canada is to use corroborating evidence. Perjury cases can be difficult to prove, as it often comes down to the word of one individual against another. However, by using corroborating evidence, prosecutors can strengthen their case and provide additional support for the charges against the accused. This can include eyewitness testimony, physical evidence, or documentary evidence. It is also important to consider the reputational damage that can result from a perjury conviction. Individuals facing charges of perjury may find their reputation damaged, both personally and professionally. As such, it is important to work with a skilled defence lawyer who can help protect the accused's reputation and minimize the potential consequences of a conviction. Finally, it is important to consider the potential defences that may be available in a perjury case. Depending on the circumstances, the accused may be able to use the defence of mistake or misunderstanding, or argue that they were coerced or threatened into making a false statement. A skilled defence lawyer can help identify potential defences and develop an effective strategy for defending the accused. In conclusion, dealing with section 132 of the Criminal Code of Canada requires careful consideration of the materiality of the false statement, the use of corroborating evidence, the potential reputational damage to the accused, and the potential defences that may be available. By taking these factors into account and developing an effective legal strategy, prosecutors and defence lawyers can more effectively navigate this complex area of law.