Perjury is lying under oath on purpose. It covers false testimony in court, sworn statements, and statutory declarations in criminal, family, civil, or business cases. The Crown must prove you knew the statement was false and made it to mislead. A mistake, a faulty memory, or a confusing question is not perjury.
Perjury is always prosecuted as an indictable offence, the more serious type of criminal charge. It carries up to 14 years in prison. A guilty finding means a criminal record. A judge cannot give a discharge for this offence.
KEY TAKEAWAYS
- Your earlier testimony can be used against you in a perjury case, even though the Charter normally protects what you say in court.
- The Crown cannot convict you on one witness’s word alone. Other evidence must back that witness up.
- Explaining or correcting your statement to police before you get legal advice can create new evidence for the Crown.
- Emails, texts, and records that show what you believed at the time can lead to the charge being withdrawn before trial.
- A conviction counts as serious criminality under Canada’s immigration law and means a 10-year wait for a record suspension.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people charged with perjury and other crimes in Calgary. He has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
On perjury files, his record includes a client charged after swearing he had not been properly served with family court papers. After Cory cross-examined the police officers involved, the case failed because the Crown could not prove the client had lied. Outcomes like that are built long before trial. Perjury cases come down to what the accused knew and intended when they spoke. The Crown’s case is only as strong as its proof that the statement was false and deliberate. Cory reviews every transcript, recording, and document for those gaps. He puts them in front of the Crown while the charge can still be withdrawn.
Perjury allegations arise in a few ways: in a family court affidavit, at a bail hearing or trial, during questioning in a civil lawsuit, or in a sworn business document. Each leaves a record of the exact question and answer, and each is a place where the Crown’s theory can break. Cory has represented clients accused of lying in criminal, family, and other legal proceedings. He puts such weaknesses before the Crown, a judge, or a jury.
If you have been charged with perjury or police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT DOES THE CROWN HAVE TO PROVE IN A PERJURY CASE?
Being disbelieved by a judge is not the same as committing perjury.
The Crown must prove each of the following beyond a reasonable doubt:
|
WHAT THE CROWN MUST PROVE |
WHAT IT MEANS |
|---|---|
| You made a sworn statement | You spoke or signed under oath or solemn affirmation, in testimony, an affidavit, a declaration, or a deposition. |
| The person taking it had legal authority | For example, a judge or a commissioner for oaths. |
| The statement was false | The Crown needs evidence showing what was actually true. |
| You knew it was false | An honest mistake, confusion, or faulty memory is not enough. |
| You intended to mislead | You meant to deceive, not just answer badly. |
The offence applies to anyone who gives evidence under oath or solemn affirmation in court. However, it also covers family law court hearings, bail hearings, and depositions in civil lawsuits.
Perjury can also apply outside the courtroom. A false affidavit in a family file can lead to the same charge as false testimony at trial. A sworn statement made to governmental agencies or in financial affidavits can also be subject to perjury charges.
“Perjury is not simply telling a lie or getting a fact wrong. It requires proof that the person knowingly made a false statement under oath, or where the law requires them to tell the truth, with the intent to mislead.”
Cory Wilson, Criminal Defence Lawyer
HOW CAN A PERJURY CONVICTION AFFECT YOUR LIFE?
Canadian courts treat perjury harshly because it attacks the justice system’s main goal: finding the truth.
A conviction can bring the following consequences:
|
CONSEQUENCE |
WHAT IT MEANS FOR YOU |
|---|---|
| Maximum sentence | Up to 14 years in prison. |
| Criminal record | No discharge is available, so a guilty finding leaves a record. |
| Community sentence | A sentence of less than two years may be served in the community if the judge finds it safe. |
| Record suspension | A 10-year wait after your sentence ends. |
| Immigration | Permanent residents and foreign nationals can be found inadmissible for serious criminality. |
| Work and travel | A record of dishonesty can block employment opportunities that require a background check and complicates border crossings. |
The surest way to avoid these results is through a withdrawal, a stay, or an acquittal.
WHAT SHOULD YOU DO RIGHT AFTER BEING CHARGED WITH PERJURY?
The first few days after a charge shape what evidence exists later.
Cory recommends the following immediate steps:
- Don’t try to explain or correct your statement to police. Anything you add becomes part of the Crown’s file.
- Don’t contact witnesses or the other side of your court case. That contact can breach your release conditions or lead to a new charge.
- Gather records from the time of the statement. Emails, texts, calendar entries, and letters can show what you believed when you spoke.
- Call a criminal defence lawyer before any police interview. A lawyer can speak to the Crown for you.
The records you collect now are often what proves you were telling the truth, or at least believed you were.
“Attempts to explain, correct, or justify an allegedly false statement can create additional evidence that the prosecution may use against you.”
Cory Wilson, Criminal Defence Lawyer
WHAT HAPPENS AFTER A PERJURY CHARGE IN CALGARY?
Here is how a perjury case moves through the Calgary courts:
- Arrest and release. Police either release you with a court date or hold you at the Calgary Police Service Arrest Processing Section, Spyhill Services Centre, for a bail hearing.
- First appearance. Your case starts in the Alberta Court of Justice at the Calgary Courts Centre, 601 5 Street SW. If you hire Cory before this date, he attends for you.
- Disclosure. Cory requests the Crown’s evidence, including the transcript or recording, the sworn document, and the records the Crown says prove it false.
- Crown review. Alberta prosecutors continue a case only if there is a reasonable likelihood of conviction and it is in the public interest. Cory presents the weaknesses in the evidence here.
- Election and trial. If the case does not resolve, you choose the Alberta Court of Justice or the Court of King’s Bench, with a judge alone or a jury. Because perjury carries a maximum of 14 years, you can also ask for a preliminary inquiry to test the Crown’s witnesses first.
Most of the work that determines a perjury case occurs in steps three and four, before a trial date is set.
HOW DOES CORY WILSON BUILD YOUR PERJURY DEFENCE?
Cory reconstructs exactly what you understood when you gave the evidence. He works backward through the transcript, finds the precise question, and compares your answer with the documents and messages from that time.
He then tests the Crown’s case against three questions:
- Was the statement actually false? The exact wording, the question asked, and the surrounding testimony can change its meaning.
- Did you know it was false? Confusion, misunderstanding, or faulty memory may explain the answer.
- Can the Crown prove you meant to mislead? What happened before and after the statement, and any innocent explanation, can create reasonable doubt.
“An inconsistency is not necessarily a false statement. The Crown must be able to prove the required state of mind, rather than simply establish that the evidence was inaccurate.”
Cory Wilson, Criminal Defence Lawyer
WHAT DEFENCES ARE AVAILABLE FOR A PERJURY CHARGE?
Common defences Cory raises in perjury cases include the following:
- The statement was true. A true statement is not perjury, even if it was incomplete.
- Honest mistake. You believed what you said when you said it.
- An unclear question. Your answer fairly responded to an ambiguous question.
- No corroboration. The Criminal Code bars a conviction based on one witness unless other evidence backs it up.
- The statement was not legally required. Perjury does not apply to sworn statements the law did not permit or require you to make.
These defences succeed when the evidence leaves a real possibility that you were mistaken rather than dishonest.
SUCCESSFUL RESULT: PERJURY CHARGE FAILS AFTER POLICE CROSS-EXAMINATION
Cory’s client swore in a family law case that he had not been served with the court papers. Police said they had served him, and he was charged with perjury. The client pleaded not guilty, and the case went to trial.
As Cory explains:
“I was able to cross-examine the police officers, who didn’t have a specific memory of whether they handed the paperwork to my client or left it on his front porch.”
The Crown could not prove beyond a reasonable doubt that the client was properly served, or that his sworn statement was false.
See other recent criminal cases Cory Wilson has successfully defended.
TESTIMONIALS
Here’s what clients have said about Cory.
He got me through this
“Cory is great, at one of the worst times of my life he got me through this! Definitely recommend Cory as your attorney!!”
— M.F.
Excellent to deal with
“Cory was such a great help with getting me through everything, kept me very informed through the whole process and was excellent to deal with. Highly recommend his service!”
— J.B.
Very responsive
“Cory was very responsive and easy to communicate with. He won my case and answered all my questions through the process. Thank you so much!!”
— C.J.G.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Perjury is sometimes charged alongside or instead of these offences:
- Witness giving contradictory evidence. Contradicting your own evidence from an earlier proceeding, with intent to mislead. It requires the Attorney General’s consent and carries a sentence of up to 14 years.
- Fabricating evidence. Creating or altering anything to be used as evidence, with intent to mislead. Up to 14 years.
- Obstructing justice. Wilfully trying to defeat the course of justice, such as pressuring a witness. Up to 10 years.
- Unauthorized false sworn statement. A knowingly false sworn statement the law did not require you to make. A less serious summary offence.
- Fraud. False sworn documents in business deals or insurance claims.
- Obstructing a peace officer. Giving police false information during an investigation.
Cory defends all of these charges, as well as other white-collar crimes.
FAQS
CAN I BE CHARGED WITH PERJURY FOR AN AFFIDAVIT IN MY FAMILY COURT CASE?
Yes. An affidavit in a divorce, custody, or support case counts. The Crown must still prove you knew the statement was false and meant to mislead.
CAN WHAT I SAID IN COURT BE USED AGAINST ME?
Usually not. The Charter protects witnesses from having their testimony used against them later. Perjury and contradictory evidence are the two exceptions, so your earlier testimony becomes the main evidence in a perjury case.
DO I HAVE TO GO TO EVERY COURT DATE?
No. If you hire Cory Wilson before your first appearance, he attends routine court dates for you. You must attend your trial in person.
CAN THE OTHER SIDE IN MY COURT CASE HAVE ME CHARGED?
They can complain to police, but they cannot lay or drop the charge. Police decide whether to charge, and the Crown decides whether to prosecute.
WHAT IF A WITNESS ADMITS TO THE CRIME IN COURT?
Their testimony is protected. The Charter stops it from being used to charge them later, unless they lie under oath. Anything they say outside court, except to their own lawyer, is not protected. The defence must ensure these witnesses receive independent legal advice before testifying.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background. Flexible payment plans are available.
During your free consultation, Cory will discuss the charge, possible outcomes, defences, and legal fees. He will also explain each step in advance, so you know what to expect. Call 403-978-6052, 24 hours a day.
LEGAL REFERENCES
- Perjury, Criminal Code, RSC 1985, c C-46, s 131
- Punishment for perjury, Criminal Code, RSC 1985, c C-46, s 132
- Corroboration, Criminal Code, RSC 1985, c C-46, s 133
- False sworn statement not authorized by law, Criminal Code, RSC 1985, c C-46, s 134
- Witness giving contradictory evidence, Criminal Code, RSC 1985, c C-46, s 136
- Fabricating evidence, Criminal Code, RSC 1985, c C-46, s 137
- Obstructing justice, Criminal Code, RSC 1985, c C-46, s 139
- Preliminary inquiry, Criminal Code, RSC 1985, c C-46, s 535
- Conditional and absolute discharge, Criminal Code, RSC 1985, c C-46, s 730
- Conditional sentence of imprisonment, Criminal Code, RSC 1985, c C-46, s 742.1
- Self-crimination, Canadian Charter of Rights and Freedoms, s 13
- Serious criminality, Immigration and Refugee Protection Act, SC 2001, c 27, s 36
- Record suspension waiting periods, Criminal Records Act, RSC 1985, c C-47, s 4
- Decision to Prosecute, Alberta Crown Prosecution Service Guideline (2022)
