Is Lying to Police or Court a Crime in Canada?

Obstruction of Justice (Section 139)

Obstruction of justice under Section 139 of the Criminal Code of Canada happens when someone deliberately attempts to obstruct, pervert, or defeat the course of justice. This offence covers existing and proposed court cases, plus situations at the investigation stage. When charged as a serious crime (therefore an indictable offence), obstruction of justice carries a maximum sentence of up to 10 years imprisonment. The Crown may also proceed with a less serious charge (a summary offence).

To secure a conviction for obstruction of justice, the Crown prosecutor must prove you meant to interfere with justice. A simple mistake or misremembered detail isn’t enough. The offence requires deliberate deception with the purpose of affecting the outcome of an investigation or proceeding.

Examples of lying to police that constitute obstruction of justice:

• Providing a false alibi for someone you know committed a crime
• Giving investigators a fake name or false identification to protect a suspect
• Deliberately misdirecting police about a suspect’s whereabouts
• Destroying or hiding evidence and then lying about its existence
• Making false statements in a written police statement to derail an investigation

Public Mischief (Section 140)

Public mischief under Section 140 of the Criminal Code happens when someone, with intent to mislead, causes a police officer to begin or continue an investigation through false statements. This includes reporting a crime that never happened, falsely accusing an innocent person, diverting suspicion onto someone else, or reporting that a person has died when they have not. The Crown can charge this as a serious crime (up to 5 years imprisonment) or a less serious offence.

Unlike obstruction of justice, public mischief specifically targets false reports and accusations that waste police resources. You don’t need to be protecting anyone. Simply fabricating a crime or falsely blaming someone triggers criminal liability.

Examples of public mischief:

• Reporting your car as stolen when you actually hid it for insurance fraud
• Falsely accusing a neighbour of assault to get them in trouble
• Calling in a fake threat to have police respond to a location
• Filing a false police report about a break-in that never occurred
• Making up a crime to explain injuries from another source
• Reporting that someone has died when they are still alive

Important: It’s also a crime to attempt public mischief even if the police officer didn’t believe you and never started an investigation. The attempt itself is criminal.

Other Related Offences

Several other Criminal Code provisions may apply to lying to police:

Obstructing a Peace Officer (Section 129): Making it difficult for a police officer to carry out their duties. This can include providing false information that delays or complicates their work.

Fabricating Evidence (Section 137): Creating false evidence with intent to mislead. More serious than lying verbally, this involves manufacturing physical or documentary evidence.

Compounding an Indictable Offence (Section 141): Accepting payment or benefit to conceal a crime. Relevant when lies are part of a cover-up arrangement.

What Is Perjury? (Section 131)

Perjury is the offence of making a false statement under oath in a court case, knowing the statement to be false, with intent to mislead. Under Section 131 of the Criminal Code of Canada, perjury is an indictable offence that carries a maximum penalty of up to 14 years imprisonment.

For testimony to constitute perjury, the Crown must prove three elements:

1. The statement was made under oath in a court case
2. The statement was false and the person knew it was false when making it
3. The false statement was made with intent to mislead

The false statement must also be relevant to the case. If a witness incorrectly states they wore a blue shirt when it was green, this wouldn’t constitute perjury. But lying about whether you saw the defendant at the scene? That absolutely would.

What Proceedings Are Covered?

Perjury law extends well beyond the courtroom:

• Criminal trials and preliminary hearings
• Civil proceedings in all courts
• Family court proceedings
• Administrative tribunals (immigration hearings, labour boards, regulatory proceedings)
• Affidavits and statutory declarations
• Examinations for discovery
• Coroner’s inquests and public inquiries

Making a False Statement (Section 134)

Making a false statement under Section 134 occurs when a person makes a false statement via an affidavit or sworn declaration. The critical distinction from perjury: the Crown does not need to prove intent to mislead. It’s enough to demonstrate that the accused knowingly made a false statement. However, a person cannot be convicted if they believed the false statement to be true at the time.

This matters for defence strategies. Perjury requires proof you intended to mislead. Making a false statement only requires proof you knew it was false. And the statement doesn’t have to be made in court. 

Contradictory Evidence (Section 136)

Giving contradictory evidence under Section 136 occurs when a witness provides conflicting testimony across different court cases. The Crown doesn’t have to prove which of the contradictory statements is false. The intentional inconsistency itself constitutes the offence.

Fabricating Evidence (Section 137)

Fabricating evidence occurs when someone, with intent to mislead, creates something intended to be used as evidence in a court case.

Falsifying Affidavits and Statutory Declarations (Section 138)

Section 138 of the Criminal Code creates separate offences for falsifying affidavits and statutory declarations. This includes signing documents that were not properly sworn, using affidavits known to be improperly executed, or signing without lawful authority. Unlike perjury, these offences focus on the improper execution of sworn documents rather than the falsity of their content.

Your Right to Silence

The right to silence is a fundamental right protected by Section 7 of the Canadian Charter of Rights and Freedoms. When questioned by police, you generally have no legal obligation to answer their questions or provide a statement. Exercising this right is completely legal. You cannot be charged with any offence simply for refusing to speak. This right exists precisely because no one should be forced to incriminate themselves.

The right to silence applies most strongly once you are detained or arrested. At this point, police must inform you of your right to counsel (to speak with a lawyer) and your right to remain silent. But even before arrest, you have no general legal duty to answer police questions about potential crimes.

Why Silence Is Protected but Lying Is Not

The distinction is straightforward:

• Remaining silent = Exercising a constitutional right. No crime committed.
• Actively lying = Potentially obstructing justice, committing public mischief, or misleading an investigation. Criminal charges possible.

When you stay silent, you’re simply not participating in the investigation. When you actively lie, you’re sabotaging the investigation with false information.

Think about it this way: Police ask if you saw your friend last night. If you say “I don’t want to answer that” or simply remain silent, you’ve committed no crime. If you say “No, I was home alone” when you actually helped your friend hide evidence, you may have committed obstruction of justice.

Exceptions: When You Must Respond

The right to silence has limits. When driving, you must provide your licence, registration, and insurance. Some regulatory schemes require truthful reporting to border officers or securities regulators. And if subpoenaed to court, you must appear and answer questions truthfully.

In all these cases, the choice is honest response, silence where permitted, or criminal liability for false statements.

Indictable vs. Summary Proceedings

For offences like public mischief and obstruction of justice, the Crown prosecutor decides whether to proceed with a serious charge (higher penalties) or a less serious charge (lower penalties). This decision depends on the severity of the false statement, the consequences of the lie, your criminal history, and the context of the offence.

Even when charged as a less serious offence, conviction results in a criminal record.

Beyond Prison: Collateral Consequences

A conviction creates problems beyond prison. Your criminal record affects employment, professional licensing, and volunteer work. For non-citizens, serious convictions can lead to deportation or bars to permanent residence. And any future court appearance? Opposing counsel can use a dishonesty conviction to challenge your credibility as a witness.

Many regulated professions (lawyers, doctors, accountants, nurses) consider criminal convictions for dishonesty as character issues that could lead to disciplinary action or license revocation.

Is it illegal to lie to police about my name?

Yes. Providing false identification to a police officer can constitute obstruction of justice under Section 139 if you’re attempting to evade investigation or accountability. Section 403 also creates a separate offence for identity fraud.

Can the police lie to me during interrogation?

Yes. Unlike your obligation to be truthful, police are legally permitted to use deception during interrogations in Canada. They can misrepresent evidence, claim witnesses have implicated you, or make false promises. Though confessions obtained through particularly egregious tactics may be excluded from evidence. The fact that the police lied to you doesn’t create a defence if you then lied to them.

What if I lied to the police but wasn’t under arrest?

You can still face criminal charges. Obstruction of justice and public mischief don’t require you to be detained or arrested. If you voluntarily provide false information during a police investigation, even a casual conversation, you may be criminally liable if your lies obstruct the investigation or cause police to waste resources.

Is lying by omission a crime?

Generally, no. You have no legal duty to volunteer information to police. Simply not mentioning something is different from actively lying. However, if you have a specific legal obligation to disclose certain information (statutory reporting requirements, for example), failing to disclose may constitute an offence in that specific context.

What’s the difference between a mistake and perjury?

Perjury requires that you knew your statement was false when you made it and that you intended to mislead. If you testify to something you genuinely believed was true, even if it turns out to be incorrect, you haven’t committed perjury. The Crown must prove you deliberately lied with intent to deceive, not that you were simply mistaken or misremembered. Honest mistakes are not criminal offences.

Can I be charged with perjury for lying in an affidavit?

Yes. Section 131 applies to false statements made under oath in affidavits and statutory declarations, not just oral testimony in court. When you swear that an affidavit’s contents are true, you’re subject to perjury law.

What is the difference between perjury and making a false statement?

Perjury requires proof that you intended to mislead the court. Making a false statement under Section 134 requires only that the Crown prove you knowingly made a false statement. Not that you designed it to deceive. This distinction matters for defence strategies.

Should I talk to the police without a lawyer?

In most circumstances, no. You have the right to counsel. The right to consult with a lawyer before answering police questions. Exercising this right is not evidence of guilt. Given the serious consequences of saying the wrong thing, having legal advice before any police interview is almost always the prudent choice. This is especially true if you’re a suspect or potential witness to a serious crime.