Perjury and Related Forms of Obstruction (Sentencing Cases)

This page was last substantively updated or reviewed December 2019. (Rev. # 88174)

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NB: summary quotations are often taken from later decisions that summarize the decision.

Perjury

Case Name	Prv.	Crt.	Sentence	Summary
R v King, 2019 ONSC 2166 (CanLII), per Boucher J	ON	SC	2 years imprisonment	"King testified as a jailhouse informant in a first-degree murder case. During the investigation and at the preliminary inquiry, he falsely claimed that he had never been a jailhouse informant in the past and he had never previously testified when, in fact, he had acted as a jailhouse informant on multiple occasions in the past.... King was 50 years old, grew up in an abusive home, had an extensive criminal record, had good family support, and was a suitable candidate for community supervision. King was sentenced to two years in prison. The key factor was the importance of complete transparency in the evidence of jailhouse informants." [1]
R v Vanier, 2018 ONCS 4070 (CanLII), per Thorburn J	ON	SC	3 years imprisonment
R v Hansen, 2016 ONSC 3583 (CanLII), per Braid J	ON	SC	5 years imprisonment	The offender was convicted of perjury for conspiring with an informer to set up a drug dealer for a serious offence. He sworn a false information to obtain a residential search warrant. He was a 41 year old and had been working with Hamilton police since 2000. The offence was an abused of special trust and involved planning and deliberation.
R v Schertzer, 2015 ONCA 259 (CanLII), per Benotto JA	ON	CA	3 years imprisonment	"Five members of the Toronto Police Service Drug Squad have lied about when a search was conducted - see if it was before or after the warrant arrived at the scene. The agents falsified their notes; have lied in a subsequent information to obtain a search warrant; and gave false testimony in order to conceal the real moment of execution of the search. All of the defendants were found guilty of attempting to obstruct justice. Three of the defendants were also convicted of perjury."
R v Millington, 2015 BCSC 1380 (CanLII), per Ehrcke J	BC	SC	30 months imprisonment	"Millington made false statements at the inquiry into the death of Robert Dziekanski at the Vancouver International Airport. He was one of the four police officers who had detained Mr. Dziekanski at the airport. Millington applied a taser to Mr. Dziekanski five times, which led to Dziekanski’s death. The perjury was on material aspects of the encounter, and his evidence had been contradicted by video. The testimony frustrated the ability of the inquiry in its search for answers. His evidence continued over several days and unfairly cast the victim in a negative light. Millington had no prior record and many letters referencing his good character. The court referred to numerous prior cases setting out the sentencing range for perjury. The court rejected the option of a conditional sentence because it would not adequately meet the need for deterrence and denunciation."
R v Robinson, 2015 BCSC 1535 (CanLII), per Smith J	BC	SC	2 years less a day	"The accused, a police officer, was found guilty of perjury. He was present when a Taser was used against Robert Dziekanski at YVR airport. Mr. Dziekanski died later. The accused testified at a public inquiry and lied about the circumstances that led to Mr. Dziekanski's death."
R v Lamoureux, 2015 QCCQ 11790 (CanLII), per Lachance J	QC	PC	10 months imprisonment
R v Reyat, 2014 BCCA 101 (CanLII), per Saunders JA	BC	CA	9 years imprisonment	"A jury found Reyat guilty of perjury in proceedings that alleged 19 false statements. Reyat was a key witness in the murder trial of two Air India bombers, Malik and Bagri. Reyat had falsely claimed he did not remember important details of the narrative. His evidence foreclosed a relevant line of questioning and related to central events in the matter. His conduct was characterized as a stain on the process of a mass murder trial and was a deliberate attempt to frustrate justice. Reyat had also been convicted of three counts of manslaughter related to the Air India bombing prior to the Malik and Bagri trial. He received the longest sentence in Canadian history for perjury, 9 years’ imprisonment." The offence was politically motivated. He was previously convicted of manslaughter linked to the bombing.
R v Webster, 2014 CanLII 66459 (NL SC), per Handrigan J	NL	SC	6 months imprisonment
R v Akinyemi, 2014 ONCJ 278 (CanLII), per De Filippis J	ON	PC	90 days imprisonment	found guilty of public mischief, fraud over, and perjury. The offender made a false report of a vehicle theft to collect insurance.
R v Owen, 2015 ONCA 462 (CanLII), per Rouleau JA	ON	CA	18 months CSO
R v Bermudez, 2013 ONCJ 113 (CanLII), per Brewer J	ON	PC	3.5 years imprisonment	"Burmudez plead guilty to eight counts of giving contradictory evidence in the proceedings related to his former common-law partner’s second-degree murder charge. The charge related to the death of her two-year old daughter. He gave contradictory evidence at various points in the proceedings about significant aspects of the evidence involving the commission of the offence, and his contradictions resulted in delays in the proceedings. He had a prior conviction for fraud and breach of probation. His motivation was related to his relationship with the accused. He had been abusing substances since the death of the child and his own child had been apprehended and made a ward of the state. He had a supportive family and had maintained gainful employment." He was 39 yeras old. He plead guilty and accepted responsibility. He was on strict conditions for 20 months.
R v Talbot, [2013] OJ No 3230 (SC)(*no CanLII links)	ON	SC	16 months imprisonment	"At his bail hearing for a breach of probation charge, the accused provided two fabricated letters and gave false oral evidence suggesting that he was employed and that he required bail to maintain that employment. These actions were found to show significant planning and deliberation. The evidence was for his own benefit and it resulted in him ultimately receiving an intermittent sentence for the underlying offence. He accused was indigenous and had a history of substance abuse. He had a lengthy prior record. He plead guilty and he had participated in counselling and rehabilitative efforts."
R v Slobbe, 2011 BCCA 107 (CanLII), per Levine JA	BC	CA	3 months imprisonment
R v White, 2010 ONSC 6539(*no CanLII links)	ON	SC	30 months imprisonment	"White gave perjured evidence in his own trial for possession of a firearm and possession of marijuana for the purpose of trafficking. Had the accused’s evidence been accepted, it would have resulted in the police evidence being rejected. In mitigation the accused was an involved parent of two children. In aggravation, the perjury was planned and deliberate, and his sister assisted by corroborating his perjured evidence. The evidence accused the police of lying and had been repeated in multiple proceedings (in a first trial, and on the retrial following an appeal). The underlying offence was very serious."
R v Dorn, 2010 ONSC 2631(*no CanLII links)	ON	SC	2 years	"Dorn gave contradictory evidence during the murder trial of 4 of his friends. The evidence had implications for the degree of responsibility of the accused and was part of a sustained campaign to benefit his friends. It made the jury’s job more difficult and did emotional harm to the victim’s family. ... Dorn had a very positive PSR, had separated himself from his prior associates, had two young children whom he supported, and pled guilty. He was sentenced to two years in prison." [2]
R v Jackson, 2010 BCCA 330 (CanLII), per Kirkpatrick JA	BC	CA	30 months imprisonment
R v Adams, 2009 NSPC 44 (CanLII), per Williams J	NS	PC	6 months imprisonment
R v Rodney, 2007 CanLII 28222 (ONSC), per Ferguson J	ON	SC	3 months CSO
R v Deutsch, 2007 CanLII 48986 (ONSC), per Ducharme J	ON	SC	1 year imprisonment	{{{5}}}
R v Hedderson, 2006 CanLII 15422 (NL P.C.), per Gorman J	NL	PC	2 years imprisonment
R v Corbett, 2006 BCCA 257 (CanLII), per Hall JA	BC	CA	1 year imprisonment
R v JWC, 2005 BCPC 565 (CanLII), [2005] BCJ No 2710 (P.C.), per Moon J	BC	PC	18 months imprisonment	The accused "filed an application in Supreme Court in Vancouver to vary the terms of his bail. [It included] a letter sworn by Mr. J.W.C. to be from his employer. The contents of the affidavit and the supporting letter explain the reasons and need for the bail variation. ...In fact, the letter attached to the affidavit was not written by Mr. J.W.C.’s employer. ... Mr. J.W.C. wrote and signed the letter without the employer’s knowledge or permission. The Bail Variation Application did not proceed." The offender was 24 years old. He had a record of B&Es, stolen property, breach of court orders x 5, assault, mischief, and public mischief
R v Spath, 2003 ABCA 46 (CanLII), per Russell JA	AB	CA	1 year imprisonment
R v Desmarais, 2003 CanLII 7908 (ONSC), per Nedeau J	ON	SC	8 months imprisonment
R v Ericksen, 2002 YKTC 61 (CanLII), per Faulkner J	YK	SC	7 months imprisonment
R v CD, 2000 CanLII 3118 (ON CA), 132 OAC 133 (CA), per curiam	ON	CA	1 year imprisonment	"CD committed perjury in circumstances intended for his own benefit. He had applied for bail pending appeal from his sexual assault convictions. In his supporting affidavit, he had falsely sworn that two employers knew of his convictions and were willing to hire him notwithstanding if he were to be released. The court of appeal noted that graver circumstances, such as giving false evidence in the trial of a serious matter, would generally merit a heavier sentence. His 1-year sentence, which was consecutive to his sexual assault sentence, was recognized as being within the range."
R v MacIver, 2000 MBCA 82 (CanLII), per Scott CJ	MB	CA	8 years (global)	The offender was convicted of income tax evasion, 4 counts of perjury, and one count making false statements. He participated in a sophiticated scheme over a long period of time to hide funds overseas. He was a 68 year old lawyer who was in poor health with no prior record. The Crown appealed a sentence of 21 months Conditional sentence and a one million dollar fine.
R v Colbourne, 2002 ABPC 141 (CanLII), per Semenuk J	AB	PC	90 days jail	testified in traffic court and accused was acquitted as a result; limited record
R v Langevin, 2001 ABQB 302 (CanLII), per Lee J	AB	SC	16 months CSO
R v Jonas, 1998 CanLII 17690 (ON CA), per curiam	ON	CA	15 month (perjury) 7 years (global)	"Jonas lied at his own bail hearing stage about the circumstances of a prior conviction, by suggesting that the circumstances of the conviction arose from his involvement in assisting police. His defence at trial was that he did not intend to mislead. He had a prior lengthy record including administration of justice offences and had three times served penitentiary sentences. He had a recent good work report, and a limited work history due to prior sentences."
R v Johnson, 1996 CanLII 4835 (NB CA), [1996] 182 NBR (2d) 373, per Bastarache JA	NB	CA	3 months imprisonment
R v Sheppard, [1995] NJ No 330 (P.C.)(*no CanLII links)	NL		6 months imprisonment
R v Van Straten, 1994 ABCA 135 (CanLII)	AB	CA	1 year imprisonment
R v Costain, 1994 CanLII 8798 (PE SCAD), per Mitchell JA		CA	6 months + Probation
R v Bricker, 1994 CanLII 630 (ON CA), per Laskin JA	ON	CA	6 months imprisonment
R v Martin, 1993 CanLII 8213 (NB QB), per Creaghan J	NB	SC	3.5 years imprisonment	"The accused pleaded guilty to perjury. He testified falsely in a murder trial 2 e degree that the victim was already dead when he arrived home with his friend Mr. Gallant. He sought to give the false impression that Mr. Gallant could not have killed her." He had a minor criminal record.
R v Kusnezoff, 1991 CanLII 1968 (BC C.A.), per Lambert JA	BC	CA	18 months imprisonment	testimony in drug trafficking trial; good psr; limited record
R v Crawford, 1988 CanLII 9689 (NS CA), 81 NSR (2d) 88, per Clarke CJ	NS	CA
R v Jordan, 1986 ABCA 168 (CanLII), per Laycraft CJ	AB	CA	2.5 and 4 years	"The two accused, Sager and Jordan, pleaded guilty to perjury charges. This is Schimmens' friend and girlfriend, who have been charged with first degree murder. They followed Schimmens' instructions, which told them to read the transcripts of the preliminary inquiry in order to adapt their testimony so as to provide him with an alibi, but then to deny that they did that during the trial."
R v Lau, 1994 CanLII 4640 (SK CA), per Tallis JA	SK	CA	6 months imprisonment	The accused testified at a preliminary inquiry. Crown appeals sentence of 3 months.
R v Moulton, [1984] NJ No 75 (CA)(*no CanLII links)	NL		30 days	Judge called it a "lenient" sentence
R v Glauser, 1981 ABCA 345 (CanLII), (1981), CR (3d) 287 , [1981] AJ No 968 (CA), per Lieberman JA	AB	CA	6 years imprisonment	"The accused was convicted of perjury. He witnessed the Crown at trial for the murder of his brother and another person. He falsely claimed that he did not remember certain relevant events. His brother was acquitted of the murder; the co-accused has been convicted." He had a long criminal record of dishonesty.
R v Edward Morgan, (1979), 19 Nfld. & PEIR 176 (NLCA)(*no CanLII links)	NL		15 months imprisonment
R v Morgan & Morgan, (1979), 19 Nfld. & PEIR 187 (NLCA)(*no CanLII links)	NL		3 months imprisonment
R v Gilliard, (1979), 20 Nfld. & PEIR 185 (NLCA)(*no CanLII links)	NL		3 months imprisonment
R v Hickey, (1978), 14 Nfld. & PEIR (NLCA)(*no CanLII links)	NL		4 months imprisonment

Obstructing Justice (s. 139)

Case Name	Prv.	Crt.	Sentence	Summary
R v Mills, 2018 NLCA 37 (CanLII), per Welsh JA	NL	CA	22 months imprisonment (global)
R v Schertzer, 2013 ONSC 22 (CanLII), per Pardu J	ON	SC	varied	police officers found guilty of obstruction and perjury.
R v Fortin, 2012 QCCA 883 (CanLII), per Forget JA	QC	CA	15 months CSO	The offender was convicted of obstruction, forgery, use of forged documents, and fraud. "Over a period of one year, the appellant, a young lawyer just starting out, fabricated and used a forged legal aid mandate, a forged agreement on corollary relief, a forged judgment, a forged motion, and forged cheques; he also made false representations harming the victims and the administration of justice." [3]
R v Robinson, 2012 BCSC 1134 (CanLII), per Dillon J	BC	SC	12 months imprisonment	off-duty peace officer
R v Viscomi, 2012 ABCA 135 (CanLII), per curiam	AB	CA	12 months imprisonment	attempted to convince witness to recant statement--also sentenced for assault and breaches (2 months consecutive)
R v Crazyboy, 2012 ABCA 228 (CanLII), per Martin JA (2:1)	AB	CA	9 months imprisonment	treatening witness
R v Tippett, 2011 NLTD 149 (CanLII), per Seaborn J	NL	SC	570 days	A Joint Rec.; false evidence on a second degree murder charge
R v Thomas, 2010 ABPC 90 (CanLII), per Fradsham J	AB	PC	16 months imprisonment	attempted obstruction; sent a note from jail instructing associate to tell crown witness to forget evidence.
R v Laing, 2010 ABCA 70 (CanLII), per curiam	AB	CA	2 years imprisonment	accused in jail for shooting a girl, wrote to girl saying to go to the police
R v Tschetter, 2009 ABPC 291 (CanLII), (2009), 466 AR 239 (Alta. Prov.Ct.), per Fraser J	AB	PC	12 to 18 months	directed friend to destroy evidence of drinking and driving case; no criminal record; long provincial offence record.
R v Van Delft, 2007 ABPC 319 (CanLII), per Fradsham J	AB	PC	18 months imprisonment	gave false name to police
R v Rowbottom, 2006 CanLII 2603 (NLPC), [2006] NJ No 31 (Nfld. Prov. Ct.), per Gorman J	NL	PC	9 and 12 months	accused threatened and bribed to witnesses in a uttering threats trial he faced
R v Crazybull, 2005 ABCA 215 (CanLII), per Paperny JA	AB	CA	23 months imprisonment	accused facing assault with a weapon allegations; threatened witness to not attend
R v Gill, 2003 BCCA 208 (CanLII), per Southin JA (3:0)	BC	CA	5 years and 10 months
R v Konkolus, 1988 ABCA 127 (CanLII), (1998), 86 AR 144 (Alta.C.A.), per curiam	AB	CA	12 to 18 months	giving false name to police and court to avoid dangerous driving charges
R v Thuraisingam, , [1997] OJ No 5424 (Ont. C.J.)(*no CanLII links)	ON	PC	2 years imprisonment	threatened to kill witness
R v Duke, [1997] AJ No 407 (P.C.)(*no CanLII links)	AB	PC	6 months imprisonment
R v CEB, 1995 CanLII 1533 (BCCA), (1995), 57 BCAC 308 (BCCA), per Carrothers JA	BC	CA	15 to 18 months	indirect threats and harassment in court parking lot
R v Jones, 1987 CanLII 5178 (NLSCTD), per Woolridge J	NL	SC	90 days intermittent
R v Wales, (1978), 25 N.S.R.(2d) 628, 36 APR 628 (CA)(*no CanLII links)	NS	CA	2 years imprisonment	The "offender, who was the Deputy Chief of the Berwick Police Force, left the scene of a motor vehicle accident; persuaded another person to report accident and take responsibility for it"

Public Mischief

Case Name	Prv.	Crt.	Sentence	Summary
R v Thompson, 2017 NSPC 18(*no CanLII links)	NS	PC	Discharge
R v Dhillon, 2016 BCSC 560 (CanLII), per Joyce J	BC	SC	Suspended Sentence	The offender was kicked out of a local pub and retaliated by calling emergency police services reporting a shooting. Guilty plea to public mischief. Judge overturned joint recommendation of a discharge.
R v Gerl, 2014 SKQB 292 (CanLII), per Gunn J	SK	SC	Discharge
R v BB, 2012 CanLII 10647 (NL PC, per Gorman J	NL	PC	Discharge
R v TS, 2011 ONCJ 233 (CanLII), per Hearn J	ON	PC	Discharge
R v Di Gianni, 2011 ONCJ 792 (CanLII), per SD Brown J	ON	PC	Discharge	public mischief for making a false claim of theft
R v Delacruz, 2010 ONSC 3060 (CanLII), per Baltman J	ON	SC	18 months imprisonment	The offender made false allegations to children's services that his former wife's new boyfriend had sexually assaulted her daughter. The police were contacted and the investigation revealed that the allegations were false. The offence was "highly calculated". The offender had a previous conviction for public mischief and on four occasions targeted his ex-wife.

Fabricating Evidence

Case Name	Prv.	Crt.	Sentence	Summary
R v Gaulton, 1986 CanLII 3433 (NLSCTD), per Woolridge J	NL	SC	2 months imprisonment	The offender had no prior record.
R v Webster, 2014 CanLII 66459 (NL SC), per Handrigan J	NL	SC	6 months imprisonment	The offender plead guilty to perjury and fabricating evidence.

Giving Contradictory Evidence

Case Name	Prv.	Crt.	Sentence	Summary
R v Dorn, 2010 ONSC 2631(*no CanLII links)	ON	SC	2 years imprisonment	"Dorn was an important witness in a murder trial of four accused. He gave contradictory evidence at the trial and preliminary hearing in the matter on several points in his narrative. The evidence had implications for the degree of responsibility of the various accused and was part of a sustained campaign to benefit his friends who were accused of the murder. He had one prior related conviction involving the same matter. The impact of the contradictory evidence on the result of the trial was difficult to ascertain, though it made the jury’s task more difficult, and it had impaired the truth-seeking function of the trial. The perjury also had a negative emotional impact on the family of the victim. Dorn had an extremely positive presentence report. He had separated himself from his prior associates. He had two young children and was the primary earner in the family. He plead guilty." The offender plead guilty. He had a positive pre-sentence report and no prior record.
R v Desnomies, 2005 SKCA 148 (CanLII), per Gerwing JA	SK	CA	2 years less a day	"The accused was found guilty of presenting conflicting evidence.She testified at the preliminary inquiry of her friend, who was charged with second degree murder. She stated that her friend had confessed to killing the victim. She then presented contradictory testimony to her friend's trial, denying the confession."