Perjury, Bribery and Contempt

Do Not:  Lie while swearing an affidavit or while testifying (see “Perjury”)
Do Not:  Attempt to “bribe a police officer or officer of the Court” (See “Bribery”)
Do Not:  Show contempt to the Court (see “Contempt”)

Do Not:  Create a Disturbance Outside of the Courtroom

Perjury

What is Perjury?

This is when you attempt to mislead or lie, either under oath while you are giving evidence (testifying) on the witness stand or when you purposely swear an affidavit which is untrue and is meant to mislead.

The Criminal Code, under the heading Misleading Justice, states:

Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him/her, a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, know that the statement is false.

Section 132. Punishment:

Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen (14) years.

Section 137. Fabricating Evidence:

Every one who, with the intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen (14) years. If you commit perjury or attempt to fabricate (any matter that may wind up in a judicial proceeding, such as Court) evidence, you are looking at a possible fourteen years of incarceration for one of these acts.

This site was created to assist you to assist yourself.  The worst possible situation you face, if convicted on a traffic ticket, is a fine and demerit points (or in the case of much more serious criminal charges (ie D.U.I./Dangeous Driving) jail time).  This could lead to loss of license, loss of job, loss of mobility and a fine and an increase in your insurance premiums or loss of insurance.  If you lie on the witness stand, to avoid being convicted of the grounds laid our in your ticket, consider the consequences, which drastically outweigh the effects of a conviction for a traffic offence.  You can be charged with perjury (a criminal offence), and convicted, leading to the loss of your credibility, your reputation and ultimately your liberty (through incarceration) for the next fourteen (14) years of your life.

If you take the witness stand, tell the truth and if you are weary of taking the stand because your evidence may hurt your case, or the case of someone else, don’t testify.

Section 88 of the Provincial Offences Act states:  Every person who makes as assertion of fact in a statement or entry in a document or form for use under this Act, knowing that the assertion is false, is guilty of an offence and, on conviction, is liable to a fine of not more than two thousand dollars ($ 2,000.00).

See the following posts – July 19, 2012 9 Year Perjury Conviction of Inderjit Singh Reyat Upheld by B.C. Court of Appeal, March 23, 2012 Perjury – 57 Year-Old Denver Woman Accused of Misleading Judge to Avoid Jury Duty, Criminally Charged.

Bribery

This is when you are pulled over by a police officer and think that you can hand him/her your license, ownership and insurance documents with a hundred dollar bill attached to it, in hopes that the officer takes the money and excuses the ticket.  If you attempt to bribe a police officer, a judge, a justice of the peace or someone who is in a position to make your charge(s) disappear or get lost in the shuffle, you are attempting to corrupt someone and will feel the full weight of the law.

The Canadian Criminal Code (the “”) speaks to this under PART IV – OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE, section 119 (1) Bribery of judicial officers, etc.:
“Every one who

(a)being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, corruptly

(i)  accepts or obtains,

(ii)  agrees to accept,

or

(iii)  attempts to obtain,

any money, valuable consideration, office, place or employment for himself/herself or another person in respect of anything done or omitted or to be done or omitted by him/her in his/her official capacity,

or

(b) gives or offers, corruptly, to a person mentioned in paragraph (a) any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by him/her in his/her official for himself/herself or another person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen (14) years.

Section 120. Bribery of officers – Every one who

(a)being a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law, corruptly

(i)  accepts or obtains,

(ii) agreed to accept,

or

(iii) attempts to obtain,

for himself/herself or any other person any money, valuable consideration, office, place or employment with intent

(iv) to interfere with the administration of justice, (v) to procure or facilitate the commission of an offence,

or

(vi) to protect from detention or punishment a person who has committed or who intends to commit an

offence,

or

(b)  gives or offers, corruptly, to a person mentioned in paragraph (a) any money, valuable consideration, office, place or employment with intent that the person should do anything mentioned in subparagraph

(a)(iv),(v) or (vi), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen (14) years.

POLICE  SERVICES  ACT:

See the POLICE SERVICES ACT – SCHEDULE CODE OF CONDUCT, Section 2 (f) of ONTARIO REGULATION 268/10 made under them POLICE SERVICES ACT.

SCHEDULE CODE OF CONDUCT

CORRUPT PRACTICE:

Section 2:

(f) Corrupt Practice, in that he or she,

(i) offers or takes a bribe,

(ii) fails to account for or to make a prompt, true return of money or property received in an official capacity,

(iii) directly or indirectly solicits or receives a gratuity or present without the consent of,

The Act is usually invoked in investigation or charges against Police officers for direputable conduct.

The Police must take an oath of office ( see section 45 (1) of the POLICE SERVICES ACT ) and promise not to use their positions for personal gain – the oath is to ensure the public that they can have trust in these officers. One of the reasons that they are well paid, is partly due to the fact that no one wants to see Officers on the take.

Here is the Oath: Police officer, etc.

2. The oath or affirmation of office to be taken by a police officer, special constable or First Nations Constable shall be in one of the following forms set out in the English or French version of this section:

I solemnly swear (affirm) that I will be loyal to Her Majesty the Queen and to Canada, and that I will uphold the Constitution of Canada and that I will, to the best of my ability, preserve the peace, prevent offences and discharge my other duties as (insert name of office) faithfully, impartially and according to law.

So help me God. (Omit this line in an affirmation.)

Judges, Justices of the Peace, Lawyers, Crowns/Prosecutors are for the most part self regulated and must strictly adhere to the Rules of Conduct as laid down by the Law Society of Upper Canada (Osgoode Hall) and the Law Society Act.  If rules are breached and a complaint is lodged, a disciplinary hearing, made up of Benchers, convene a hearing and determine the fate of the defendant if the charges are proved true. All of these individuals are considered “officers of the court”.

In Ontario, Judges earn approximately $250,000 a year in wages, Justices of the Peace earn approximately $130,000 a year in wages, a first class police constable in Toronto earns $76,656 a year in wages and a lawyer earns in excess of $100,000+++ a year (if the lawyer is a Q.C. or an experienced senior partner is a firm they will make much more. This varies on experience and area of practice). In theory one of the reasons that officers of the Court (lawyers, crowns/prosecutors, police officers, justices of the peace and judges) are paid well, is to ensure that they are not easily susceptible to being bribed or being influenced by $$$.

If you have a fleeting thought of attempting to bribe anyone, consider the fourteen (14) years in prison and reconsider.

Contempt

Section 91. (1) to (9) of the Provincial Offences Act describe what happens when one is charged with contempt by a Justice of the Peace. This applies to an “offender” which is all inclusive and wouldn’t be isolated to the defendant, this could apply to a defendant, a lawyer, a paralegal, a witness, a member of the public who is just sitting in the court room observing the proceedings.  It is up to the Justice of the Peace to define the conduct and/or nature of the contempt.

Section 91. (1) ContemptExcept as otherwise provided by an Act, every person who commits contempt in the face of a justice of the peace presiding over the Ontario Court of Justice in a proceeding under this Act (P.O.A) is on conviction liable to a fine of not more than $1000.00 or to imprisonment for a term of not more than thirty (30) days, or to both.

(2) Statement to offenderBefore a proceeding is taken for contempt under subsection (1), the Justice of the Peace shall inform the offender of the conduct complained of and the nature of the contempt and inform him or her of the right to show cause why he or she should not be punished.

(3) Show causeA punishment for contempt in the face of the court shall not be imposed without giving the offender an opportunity to show cause why he or she should not be punished.

(4) Adjournment for adjudication Except where, in the opinion of the Justice of the Peace, it is necessary to deal with the contempt immediately for the preservation of order and control in the courtroom, the Justice of the Peace shall adjourn the contempt proceeding to another day.

(5) Adjudication by judgeA contempt proceeding that is adjourned to another day under subsection (4), shall be heard and determined by the court presided over by a provincial judge.

(6) Arrest for immediate adjudicationWhere the Justice of the Peace proceeds to deal with a contempt immediately and without adjournment under subsection (4), the Justice of the Peace may order the offender arrested and detained in the courtroom for the purpose of the hearing and determination.

(7) Barring representative in contemptWhere the offender in appearing before the court as a representative and the offender is not licensed under the Law Society Act, the court may order that he or she be barred from acting as a representative in the proceeding in addition to any other punishment to which he or she is liable.

(8) AppealsAn order of punishment for contempt under this section is appealable in the same manner as if it were a conviction in a proceeding commenced by certificate under Part 1 of this Act.

(9) EnforcementThis Act applies for the purpose of enforcing a punishment by way of a fine or imprisonment under this section.

Disturbance Outside of the Courtroom

Section 91. (1) of the Provincial Offences Act refers to someone who “commits contempt in the face of a presiding justice of the peace” means that it is confined to behaviour or conduct in the courtroom. This means that one must show discipline and restraint in the courtroom. Any extreme outbursts may result in the Justice of the Peace charging you with contempt. You must be aware and cognizant that, at all times, you are in a courtroom where a certain decorum is not only expected, but is demanded. This not only applies inside the courtroom, but outside of the courtroom as well.

The Courts of Justice Act (under the title “ONTARIO COURT OF JUSTICE”) provides the court with the authority to admonish individuals and to impose a sanction on same, for disruptive behaviour of the courtroom.

Section 41. Penalty for disturbance outside courtroomAny person who knowingly disturbs or interferes with a proceeding in the Ontario Court of Justice without reasonable justification while outside the courtroom is guilty of an offence and on conviction is liable to a fine not more than $1,000 or to imprisonment for a term of not more than thirty (30) days, or to both.

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