INTRODUCTION AND BRIEF DESCRIPTION
People who give contradictory evidence in judicial proceedings with the intent to mislead can be sentenced to up to 14 years in prison.
SECTION WORDING
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.
EXPLANATION
Section 136(1) of the Criminal Code of Canada outlines the offence of perjury. The section states that it is an indictable offence for a witness in a judicial proceeding to give evidence with respect to any matter of fact or knowledge, and subsequently, in another judicial proceeding, gives evidence that contradicts their previous evidence. The section imposes a maximum sentence of 14 years imprisonment for this offence, regardless of whether the prior or latter evidence, or both, are true. However, for a person to be convicted under this section, the court must be satisfied beyond a reasonable doubt that the accused intended to mislead in either of the judicial proceedings. This means that the accused must have knowingly and wilfully given false testimony, knowing that it was false and with the intention to deceive the court. The offence of perjury is taken very seriously in Canada, as it undermines the integrity of the justice system and can result in wrongful convictions. Witnesses have a duty to tell the truth in judicial proceedings, and those who are found guilty of perjury can face serious consequences, including imprisonment and a criminal record. In summary, section 136(1) of the Criminal Code of Canada sets out the offence of perjury and highlights the importance of being truthful in judicial proceedings to ensure the administration of justice is fair and just.
COMMENTARY
Section 136(1) of the Canadian Criminal Code deals with the offence of perjury, which is the act of giving false testimony under oath in a judicial proceeding. The section establishes a severe punishment for those who knowingly provide false testimony to a court, tribunal, or other legal authority. The section applies to individuals who are witnesses in a judicial proceeding and give evidence regarding any matter of fact or knowledge. The provision suggests that any deliberate intention to mislead the court through providing contradictory evidence is an indictable offense liable to imprisonment for 14 years. The punishment is quite significant and significant enough to deter individuals from considering perjury. The section also offers clarity on what constitutes perjury. The section sets the legal standard that an individual is guilty of the offense if they give evidence on one occasion and provide evidence that contradicts the previous testimony intentionally. Regardless of their previous or subsequent evidence's accuracy, giving inconsistent testimony is a criminal offence under the section. The legal system does not just base perjury accusations on conflicting testimonies, as the accused person must show the intention of misleading the court. The requirement to prove intent to deceive the court ensures that the section does not unduly criminalize honest errors or misunderstandings. Furthermore, the provision encourages the use of truth in legal proceedings, and eliminates the risks where the evidence is provided without getting the facts right. In conclusion, Section 136(1) of the Criminal Code of Canada is fundamental in ensuring the proper administration of justice in Canada. The punishment prescribed in the section for the offense of perjury is severe enough to deter individuals from providing false testimony, hence promoting an environment of truth and honesty in any legal proceeding. The requirement to demonstrate the intention of misleading ensures that individuals are not unjustly accused of the crime in the absence of sufficient evidence. This section is an important aspect of Canadian criminal law and provides clarity to the legal community on what constitutes perjury.
STRATEGY
Dealing with Section 136(1) of the Criminal Code of Canada requires strategic considerations that are crucial in ensuring one's defence against the accused charges. One of the primary strategies that can be employed is to understand fully the provisions of the law. It is essential to have a clear knowledge of what the law prohibits to avoid violation of the law. This will ensure that one is not inadvertently giving evidence that is contrary to a previous statement in a judicial proceeding. Another strategy that can be employed is to have accurate recollection and documentation of every statement given in both judicial proceedings. This is to ensure that all previous statements are recorded and can be referenced when there is a possibility of giving evidence that may be contrary to a previous statement. Having comprehensive records can help in ensuring that the accused does not inadvertently give false testimony that is contrary to a prior statement. It is also crucial to work closely with the defence counsel. It is essential to have a defence lawyer who has a proper understanding of the provisions of Section 136(1) of the Criminal Code of Canada. A defence lawyer can provide the necessary guidance on how to avoid giving evidence that may lead to charges under this section of the Criminal Code. In some cases, it may be necessary to provide a reasonable explanation for any discrepancies in the previous statements and the current statement. This may involve providing evidence of new information that may have come to light since the previous statement was made or demonstrating that the previous statement may have been made under duress. In such situations, it may be necessary to have expert witnesses to provide testimony that supports these explanations. Finally, it is essential to avoid giving evidence that may be misleading intentionally. This means that the accused should avoid giving testimony that is contrary to a previous statement with the intent to deceive the court. If the prosecution can prove that the accused gave false testimony with the intention to mislead, then they may be charged and convicted under Section 136(1) of the Criminal Code of Canada. In conclusion, dealing with Section 136(1) of the Criminal Code of Canada requires a strategic approach that involves understanding the provisions of the law, maintaining accurate records, working closely with defence counsel, providing reasonable explanations for discrepancies, and avoiding intentional misleading testimony. Employing these strategies can help in ensuring that the accused does not violate the provisions of the law and prevent a conviction under this section of the Criminal Code.