“ I didn’t do it; nobody saw me do it; you can’t prove anything. ”
— Bart Simpson
In fiction, lying often comes without consequences. In real life, the legal implications are far more serious — particularly when false statements are made to police or the courts. While Canadian law does not criminalize every lie, certain types of false statements can result in severe criminal charges, including imprisonment.
Understanding when lying crosses the line into a criminal offence is critical for anyone interacting with law enforcement or participating in judicial proceedings in Canada. This article explains when false statements are lawful, when they become criminal, and why intent plays a decisive role.
In everyday life, lying is generally not illegal. Canadian criminal law does not punish dishonesty in the abstract. A person may deny involvement in an offence, refuse to answer questions, or remain silent without committing a crime.
However, lying becomes criminal when it interferes with the administration of justice. This includes misleading police, fabricating evidence, or intentionally deceiving a court or judicial official. These offences are governed by specific provisions of the Criminal Code of Canada and are treated with considerable seriousness.
Contrary to popular belief, simply lying to police is not, by itself, a crime. A person is entitled to deny allegations or say nothing at all. Problems arise when a false statement actively misleads police and causes them to take investigative steps they otherwise would not have taken.
In such cases, the offence is known as public mischief.
“Many people are surprised to learn that denial itself isn’t criminal — but misleading police into wasting investigative resources can be.”
— Jeff Mass, Managing Partner
Public mischief is defined under section 140 of the Criminal Code . It targets conduct that intentionally diverts or misleads police investigations.
A person may be charged with public mischief if they intentionally:
The purpose of this offence is not to punish dishonesty in general, but to prevent misuse of police resources and false accusations that harm others.
Public mischief is a hybrid offence:
While misleading police is serious, lying to a court or judicial official carries far greater consequences. The justice system relies on truthful testimony, sworn statements, and reliable evidence. Deliberately undermining that process strikes at the core of the legal system.
Offences related to misleading the courts are set out in sections 131–142 of the Criminal Code .
“Charges involving misleading justice are among the most aggressively prosecuted because they undermine the integrity of the court itself.”
— Heather Spence, Partner
Perjury occurs when a person knowingly and intentionally makes a false statement under oath in a judicial proceeding. This includes testimony given:
The Crown must prove not only that the statement was false, but that it was made with intent to mislead.
Perjury is an indictable offence punishable by up to 14 years' imprisonment.
Not every inaccurate or untrue statement made during a legal process amounts to perjury. Canadian criminal law draws an essential distinction between false statements and perjury, based primarily on the context in which the statement is made and the level of intent involved.
Perjury is the more serious offence. It applies when a person, while under oath or making a solemn affirmation in a judicial proceeding, deliberately provides evidence they know to be false, with the intention of misleading the court. Because perjury directly undermines the integrity of the justice system, it is treated as an indictable offence and carries severe penalties.
By contrast, false statement offences generally involve situations where a person knowingly provides incorrect information to authorities or in required documents, but not under oath in a court proceeding. These offences are often prosecuted summarily and carry less severe consequences. The focus is on whether the person knew the statement was untrue at the time it was made, rather than on an intent to corrupt a judicial process.
The distinction is critical. If a person genuinely believed their statement was accurate when it was made — even if it later turns out to be wrong — criminal liability may not arise. Honest mistakes, misunderstandings, or confusion do not meet the intent threshold required for perjury and, in many cases, will not support a criminal charge at all.
Canadian law also criminalizes other forms of misleading justice, including:
Importantly, in contradictory evidence cases, it does not matter which statement is true — the offence focuses on the intentional inconsistency meant to deceive.
Both offences are indictable and carry maximum penalties of 14 years imprisonment.
“Intent is often the battleground in these cases. Establishing what a person meant to do is rarely straightforward.”
— Robbie Tsang
Section 138 of the Criminal Code makes it an offence to falsify affidavits or statutory declarations. This includes:
These offences are typically prosecuted summarily and carry penalties of up to 2 years imprisonment.
| Offence | Description | Maximum Penalty |
|---|---|---|
| Public Mischief | Misleading police investigations | 5 years |
| Perjury | False testimony under oath | 14 years |
| Contradictory Evidence | Intentionally inconsistent testimony | 14 years |
| Fabrication of Evidence | Creating false evidence | 14 years |
| Falsification of Affidavits | Improper sworn documents | 2 years |
Across nearly all offences involving misleading police or the courts, intent is the dividing line between a criminal offence and a non-criminal mistake. The Crown must prove not only that a statement was false, but that the accused knowingly and deliberately intended to mislead. Inaccurate information alone is not enough.
As a result, defence strategies often focus on demonstrating that the required mental element is missing, including:
If the Crown cannot establish intent beyond a reasonable doubt, the foundation of the charge may collapse. Many misleading justice cases turn not on what was said, but on why it was told.
Allegations of misleading police or the court often arise before a person realizes they are at risk. Many individuals attempt to “clear things up” or appear cooperative, unaware that inconsistent or incomplete statements can later be characterized as dishonest.
Early legal advice helps:
In these situations, what is not said can be just as important as what is said. Getting legal guidance early can prevent a manageable situation from turning into a separate and far more serious criminal allegation.
If you are facing allegations related to public mischief, perjury, or misleading justice, the stakes are high. These charges carry severe penalties and long-term consequences.
The defence team at Mass Tsang LLP has decades of experience defending clients across the Greater Toronto Area against complex criminal allegations involving false statements and court proceedings.
Our approach focuses on intent, context, and constitutional protections — aimed at resolving matters efficiently and protecting your future.
Lying to police is not automatically a crime. A person is legally allowed to deny allegations or remain silent. However, if a false statement intentionally misleads police and causes them to start or continue an investigation, it may result in a charge of public mischief under the Criminal Code.
Public mischief occurs when a person intentionally misleads police, such as by falsely accusing someone of a crime, reporting an offence that did not happen, or diverting suspicion from themselves or others. The offence focuses on interference with police investigations, not dishonesty alone.
Yes. Intentionally lying to a court or judicial official is treated far more seriously. Offences such as perjury, fabrication of evidence, or giving contradictory evidence directly undermine the justice system and can carry penalties of up to 14 years in prison.
Perjury occurs when a person knowingly and intentionally makes a false statement under oath or affirmation in a judicial proceeding, including testimony given in court, by affidavit, or via video link. The Crown must prove both falsity and intent to mislead.
Perjury requires proof that the accused intended to mislead the court. Making a false statement generally requires evidence that the statement was knowingly false, but not necessarily that it was designed to mislead. Honest mistakes are not criminal offences.
Yes. Knowingly giving contradictory testimony in separate judicial proceedings can be charged as an indictable offence, even if one of the statements is true. The offence focuses on intentional inconsistency designed to deceive.
Yes. Intent is a critical element. The Crown must prove that the accused intended to mislead police or the court. Without proof of intent, criminal liability may not be established.
Yes. Speaking to an experienced criminal defence lawyer before providing any statement can help protect your rights and prevent unintentional exposure to criminal liability.
