Perjury in Canada: Lying Under Oath (Sections 131-132)

Perjury is lying under oath. Under section 131 of the Criminal Code, a person commits perjury when, intending to mislead, they make a false statement they know is false under oath or solemn affirmation before someone authorized to receive it. It applies to testimony in criminal, family and civil court, but also to sworn affidavits, statutory declarations and depositions outside court. Perjury is rarely charged compared with other offences, but it is among the most serious offences against the administration of justice.

What the law says

Every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.

The statement does not have to be made in a judicial proceeding (s. 131(2)). Evidence given by video link from outside Canada is also covered (s. 131(1.1)). The section only applies to people who are permitted, authorized or required by law to make the statement (s. 131(3)).

What the Crown must prove

• You made a statement under oath or solemn affirmation, by affidavit, solemn declaration, deposition or orally;
• before a person authorized to receive it (a judge, commissioner for oaths, notary and similar);
• the statement was false and you knew it was false; and
• you intended to mislead.

A conviction cannot rest on the evidence of only one witness unless that evidence is corroborated in a material particular by evidence implicating the accused (s. 133). In practice, perjury cases rely on documents, recordings or other witnesses.

Penalties

• Perjury (s. 132): indictable only; up to 14 years.
• Witness giving contradictory evidence (s. 136): giving evidence in a proceeding that contradicts your earlier evidence, with intent to mislead; up to 14 years. The Attorney General must consent to the prosecution.
• Fabricating evidence (s. 137): making anything, with intent to mislead, to be used as evidence in an existing or proposed proceeding; up to 14 years.

Courts see lying under oath as an attack on the justice system itself, and sentences of imprisonment are common, especially where the lie was meant to convict or free someone.

Common defences

• Honest mistake: the statement was wrong, but you believed it was true when you made it. Poor memory or confusion is not perjury.
• No intent to mislead: for example an obvious error you corrected, or an ambiguous question.
• Not under oath or before an authorized person: the formal requirements were not met.
• No corroboration: the Crown relies on one witness without supporting evidence.
• Protection of testimony: what you said as a witness generally cannot be used to incriminate you in other proceedings, but this protection does not apply to a prosecution for perjury or contradictory evidence (Charter s. 13; Canada Evidence Act s. 5).

If you are charged

• Do not discuss the charge with police or anyone else before getting legal advice. You have the right to stay silent and to speak to a lawyer without delay (your rights if arrested).
• Follow every release condition (no contact, curfew, address). A breach is a new offence (how bail works).
• Attend every court date. Failing to appear is also an offence.
• Get the disclosure: the Crown must give you the evidence it has. A lawyer can review it, negotiate with the Crown (withdrawal, diversion, a lesser charge) or prepare for trial.
• If you cannot afford a lawyer, legal aid and duty counsel at the courthouse can help.

Criminal record and record suspension

A conviction creates a criminal record, unless the court grants a discharge, which is not a conviction (an absolute discharge is removed from the RCMP system after one year, a conditional discharge after three years). A person who was convicted can apply to the Parole Board of Canada for a record suspension (formerly a pardon). Because this is an indictable offence, the waiting period is 10 years, counted from the end of the whole sentence, including probation and payment of fines (Criminal Records Act, s. 4). More from the Parole Board.

Frequently asked questions

What is the penalty for perjury in Canada?

Perjury is an indictable offence with a maximum of 14 years in prison (s. 132). Giving contradictory evidence with intent to mislead and fabricating evidence carry the same maximum.

Is lying in an affidavit perjury?

Yes. Perjury covers false statements made under oath or affirmation by affidavit, solemn declaration or deposition, not just testimony in a courtroom, as long as you knew the statement was false and intended to mislead.

Is getting a fact wrong in court perjury?

No. Perjury requires that you knew the statement was false and intended to mislead. An honest mistake, a faulty memory or a misunderstood question is not perjury.

Related offences

• Obstruction of Justice in Canada
• Public Mischief in Canada
• Admin of Law & Justice Violations in Canada
• Intimidation of Justice Participants or Journalists
• Forgery and Using a Forged Document in Canada

Sources

• Criminal Code, s. 131
• Criminal Code, s. 132
• Criminal Code, s. 133
• Criminal Code, s. 136
• Criminal Code, s. 137

General legal information, current to the Criminal Code as in force on September 30, 2026. It is not legal advice: every case turns on its facts. Speak to a lawyer about your situation.