Perjury and Related Forms of Obstruction (Sentencing Cases)

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Perjury

Case Name	Prv.	Crt.	Sentence	Summary
R v King, 2019 ONSC 2166 (CanLII), per Boucher J	ON	SC	2 years imprisonment
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	"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)(complete citation pending) || 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] O.J. No. 3230 (SC)(complete citation pending) || ON || || 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)	BC	CA	3 months imprisonment
R v White, 2010 ONSC 6539(complete citation pending) || 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 Jackson, 2010 BCCA 330 (CanLII)(complete citation pending) || 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 (ON SC), per Ferguson J	ON	SC	3 months CSO
R v Deutsch, 2007 CanLII 48986 (ON SC)	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)	BC	CA	1 year imprisonment
R v JWC, [2005] BCJ No. 2710 (P.C.), 2005 BCPC 565 (CanLII), 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)	AB	CA	1 year imprisonment
R v Desmarais, 2003 CanLII 7908 (ON SC), 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), (2000), 132 O.A.C. 133 (C.A.), 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] 182 N.B.R. (2d) 373, 1996 CanLII 4835 (NB CA), per Bastarache JA	NB	CA	3 months imprisonment
R v Sheppard, [1995] N.J. 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), 81 N.S.R. (2d) 88(*no CanLII links)	NS
R v Jordan, 1986 ABCA 168 (CanLII)(complete citation pending) || 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] N.J. No. 75 (C.A.)(*no CanLII links)	NL		30 days	Judge called it a "lenient" sentence
R v Glauser, (1981), CR (3d) 287 , [1981] AJ No. 968 (CA), 1981 ABCA 345 (CanLII), per Lieberman JA(complete citation pending) || 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. & P.E.I.R. 176 (N.L.C.A.)(*no CanLII links)	NL		15 months imprisonment
R v Morgan & Morgan (1979), 19 Nfld. & P.E.I.R. 187 (N.L.C.A.)(*no CanLII links)	NL		3 months imprisonment
R v Gilliard (1979), 20 Nfld. & P.E.I.R. 185 (N.L.C.A.)(*no CanLII links)	NL		3 months imprisonment
R v Hickey (1978), 14 Nfld. & P.E.I.R. (N.L.C.A.)(*no CanLII links)	NL		4 months imprisonment

Obstructing Justice (s. 139)

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Public Mischief

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Fabricating Evidence

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Giving Contradictory Evidence

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