INTRODUCTION AND BRIEF DESCRIPTION
Making a false statement under oath or affirmation is an offense punishable on summary conviction.
SECTION WORDING
134(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.
EXPLANATION
Section 134(1) of the Criminal Code of Canada deals with the offence of perjury. It specifies that any person who knowingly makes a false statement under oath or solemn affirmation, either by means of a written affidavit, a solemn declaration or a deposition or orally before an authorized person, is committing an offence punishable by summary conviction. Perjury is a serious offence as it involves lying under oath or affirmation, which undermines the justice system and can result in wrongful convictions. It is important to note that section 134(1) only applies to statements made under oath or solemn affirmation that are not permitted, authorized or required by law. This means that there are certain circumstances where people may be required to make a false statement, such as in undercover police work or in certain types of covert operations. It is also worth noting that the knowledge of falsity must be present at the time of the statement. This means that if a person makes a statement that they believe to be true when they make it, but later discovers it is false, they have not committed perjury. Overall, the purpose of section 134(1) is to maintain the integrity of the judicial process and ensure that the truth is spoken under oath or solemn affirmation, thereby upholding justice in Canada.
COMMENTARY
Section 134(1) of the Criminal Code of Canada pertains to the act of making a false statement under oath or solemn affirmation. This is a serious offence that carries legal consequences, and is punishable on summary conviction. The section applies to every individual who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement knowing that it is false. The statement can be made by affidavit, solemn declaration, deposition or orally, but this is only permissible before a person who is authorized by law to permit it to be made before them. The provision of this law serves to uphold the integrity and sanctity of the justice system, by ensuring that only truthful statements are given under oath or solemn affirmation. Such statements are taken as being true, and any false statement is a serious breach of the justice process. To uphold the system's integrity, it is necessary that people do not make false statements. Section 134(1) serves to reinforce this principle. There are a few key elements to this offence. First, the individual making the statement must have known that it is false. This is an important requirement because a person who made a false statement but was genuinely mistaken would not be guilty of this offence. Second, the statement must be made under oath or solemn affirmation. This is because these types of statements are given in a formal setting, and the assumption is that a person making such a statement will be more careful and truthful. Third, the person making the false statement must not be authorized or required by law to do so. This means that certain individuals, such as witnesses under subpoena or individuals giving court testimony, are not guilty of this offence when making false statements. The penalty for the offence of making a false statement under oath or solemn affirmation is a summary conviction. Summary conviction is a type of conviction that is less severe than an indictable offence. It typically involves a fine or a brief prison sentence. However, the severity of the sentence will depend upon the nature and gravity of the false statement made, the potential harm caused and the court that the matter is heard in. In conclusion, Section 134(1) of the Criminal Code of Canada is a crucial provision that upholds the integrity of the justice system. It provides a legal framework for punishing individuals who knowingly made false statements under oath or solemn affirmation, and is therefore necessary for maintaining the sanctity of the justice process. The provision serves as a deterrent, reminding individuals that the justice system is a formal one that works for the truth, and that any abuse of it will be punished accordingly.
STRATEGY
Section 134(1) of the Criminal Code of Canada specifies the scope of the offence of perjury. The offence of perjury occurs when an individual knowingly makes a false statement under oath or solemn affirmation. The section is quite broad and criminalizes any false statement made under oath or quasi-judicial proceedings, whether it is made in writing or orally. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that individuals should keep in mind. For example, one must be careful when making any statement under oath or solemn affirmation. It is critical to understand that the individual can face severe consequences if they make a false statement. In some cases, this could result in a criminal conviction that carries a jail term. As a result, one must ensure that they speak the truth when making a statement under oath. Another strategic consideration when dealing with this section of the Criminal Code of Canada is the importance of seeking legal advice if facing any charges under this section. A skilled criminal defence lawyer can provide invaluable guidance and work to preserve your rights throughout the process. Among other things, an experienced criminal defence lawyer can help you prepare your defence, advise you on potential plea deals, and represent you in court. One possible defence to a charge of perjury is that the individual did not realize that they were making a false statement. It is necessary to demonstrate that the individual did not intentionally mislead the tribunal or had an honest belief that the statement was accurate when they made it. Such a defence can be challenging to establish, and the accused must provide evidence to support their claim. Another potential strategy when dealing with this section of the Criminal Code of Canada is to demonstrate that there was no intent to mislead the tribunal. Proving that the accused had no intent to make a false statement can be challenging and requires extensive evidence. However, if an individual can convince the court that there was no intent to mislead, they may have a chance of avoiding a conviction. In conclusion, section 134(1) of the Criminal Code of Canada is a crucial provision in the Canadian criminal justice system. Individuals must be aware of the potential consequences before making a statement under oath or solemn affirmation. If facing charges under this provision, individuals are encouraged to seek legal advice and explore the available defence strategies. By doing so, individuals can protect their rights and potentially avoid a criminal conviction.