section 137

INTRODUCTION AND BRIEF DESCRIPTION

Fabricating evidence with intent to mislead in a judicial proceeding is an indictable offense punishable by up to fourteen years in prison.

SECTION WORDING

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.

EXPLANATION

Section 137 of the Criminal Code of Canada pertains to the fabrication of evidence in a judicial proceeding. It states that anyone who creates or forges evidence with the intention of misleading the court or prosecution, while not committing perjury or inciting others to do so, is guilty of an indictable offence. This could potentially lead to a term of up to 14 years imprisonment upon conviction. The provision primarily pertains to those who seek to deceive the court through the falsification of evidence. This could take on various forms such as the forging of documents, alteration of objects or manipulations of testimonies for the purpose of a court proceeding, whether the proceeding is existing or proposed. The underlying motive for such an act is malicious in that it seeks to interfere with the integrity of the judicial process. The inclusion of this section in the Criminal Code highlights the importance of preserving the credibility of the legal system. Evidence is the foundation of any legal proceeding, and any attempt to fabricate or manipulate it is viewed as a serious offence. The law aims to deter such behaviour and ensure that the evidence presented in court is truthful and reliable. Overall, Section 137 reflects Canada's stance against all attempts at misleading a legal proceeding through the falsification of evidence. Its inclusion in the Criminal Code serves as a deterrent against such actions, with the objective of maintaining the integrity of the justice system.

COMMENTARY

Section 137 of the Criminal Code of Canada establishes a serious offence related to the creation and use of false evidence in judicial proceedings. The provision targets individuals who fabricate evidence with intent to mislead, and makes it punishable by up to 14 years of imprisonment. The crime of fabricating evidence is distinct from perjury, which involves lying under oath in a court or other legal setting. Although both offences undermine the integrity of the legal system, the act of fabricating evidence can be committed without giving false testimony. Instead, it involves creating false documents, forensic reports, witness statements, or other materials that are intended to be used as evidence in court. As the provision describes, the fabrication of evidence can occur in relation to either existing or proposed court cases. This means that even if a case has not yet been filed, a person who fabricates evidence with intent to use it in a future judicial proceeding can still be charged under section 137 of the Criminal Code. The severity of the punishment for this offence reflects the serious harm that can result from the use of false evidence in courts. Fabricated evidence can influence court decisions, lead to the wrongful conviction of innocent individuals, and undermine public trust in the justice system. It can also waste public resources and prolong legal proceedings, causing harm to both victims and defendants. It is worth noting that the offence requires both the act of fabricating evidence and the intention to mislead. This means that simply creating a false document or report does not automatically constitute a criminal offence if it was done for some other reason. For example, if someone creates a fake will for a deceased family member without intending to use it in court, they would not be guilty of fabricating evidence under this provision. However, if it can be shown that the person created the false will with the intent of using it in court to defraud other heirs or beneficiaries, then they could be charged with the offence of fabricating evidence. The same would apply to other situations where false evidence is created with the intent to deceive or influence a legal proceeding. Overall, section 137 of the Criminal Code of Canada is an important provision that helps preserve the integrity of the Canadian legal system by punishing individuals who create false evidence with intent to mislead. The provision serves as a deterrent to those who might be tempted to use such tactics to gain an unfair advantage in legal situations.

STRATEGY

Section 137 of the Criminal Code of Canada deals with the act of fabricating evidence with the intent to mislead in a judicial proceeding. This is a serious offence that is punishable by up to fourteen years in prison. As such, it is important for individuals and organizations to be aware of the strategic considerations when dealing with this section of the Criminal Code. This article will examine some of the strategic considerations and strategies that could be employed in such situations. Firstly, it is important to understand what constitutes the act of fabricating evidence. This can include the creation, alteration, or destruction of evidence with the intent to mislead. The intention must be to use the fabricated evidence in a judicial proceeding, whether it is an existing or proposed one. It is also worth noting that this offence can be committed via any means other than perjury or incitement to perjury. One strategic consideration when dealing with this section of the Criminal Code is to ensure that all evidence used in judicial proceedings is genuine and reliable. This can include conducting proper investigations to gather evidence, analyzing the evidence, and ensuring that it is properly preserved and documented. This can help to avoid any suspicion of fabricating evidence which can lead to serious legal consequences. Another strategy that can be employed is to have a well-thought-out legal and ethical framework in place for the gathering and presentation of evidence. This can help to ensure that all evidence presented in a judicial proceeding is legitimate and reliable. This framework can include guidelines for the collection and analysis of evidence, the preservation of evidence, and the presentation of evidence in court. It is also important to conduct proper due diligence when relying on third-party evidence. This can include verifying the authenticity of the evidence and ensuring that it was obtained legally and ethically. This can help to avoid any potential legal issues that may arise from using fabricated evidence, especially when the source of the evidence is unknown or suspicious. Additionally, it may be beneficial to have legal representation when dealing with this section of the Criminal Code. A lawyer can provide guidance on the legal and ethical framework for the gathering and presentation of evidence, conduct due diligence on third-party evidence, and represent the individual or organization in court if necessary. In conclusion, section 137 of the Criminal Code of Canada is a serious offence that carries significant legal consequences. It is important for individuals and organizations to be aware of the strategic considerations and strategies that can be employed when dealing with this section of the Criminal Code. Ensuring that all evidence used in judicial proceedings is genuine and reliable, having a well-thought-out legal and ethical framework in place, conducting proper due diligence, and seeking legal representation when necessary can all help to avoid potential legal issues.