Perjury & Obstructing Justice Lawyer In Toronto
Included in this category are charges such as Perjury, Fail to Comply with Probation or Recognizance, Obstruct Peace (Police) Officer, Obstruct Justice, Public Mischief, Perjury and Fail to Appear.
What follows is a brief summary of the law. While it is not, and should not be relied upon as legal advice, it may assist you with some of the questions you might have. As always, consult a criminal lawyer should you need criminal advice. All Offences Against the Administration of Justice are listed in the Criminal Code of Canada: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html. Charges such as Failure to Comply with Recognizance and/or Probation, and Failure to Appear in court are perhaps self-explanatory: the defendant is alleged to have disobeyed a condition of bail or is alleged to have not shown up to a court date. Other offences might require more of an explanation.
To find you guilty of perjury, the Crown must prove that: (a) you made a statement under oath/solemn affirmation before a person authorized by law to permit it (b) the statement was false, (c) that you knew the statement was false, and (d) that you made the statement with the intention to mislead. The Crown can prove that you knew that the statement was false at the time when it was made if it can prove that you were actually aware that it was false or that you were aware that you should have made inquires about the truth or falsity of the statement, but deliberately chose not to because you did not want to find out whether the statement was true or false. The Crown must show that you intended to lead the recipient astray or to cause them to have an incorrect impression.
To prove that you are guilty of obstructing justice, the Crown must prove that you did something that had a tendency to obstruct, pervert, or defeat the course of justice and that you intended that result. Examples of conduct that could defeat the course of justice include: threatening a witness in a legal proceeding, influencing a juror in a case by threats or bribes, or accepting a bribe to testify in a certain way.
There are numerous ways to defend against these charges and I have successfully defended people against them numerous times – please refer to my Recent Successes page.
Again, the foregoing is only a summary. It is not legal advice and should not be relied upon as such. For a free consultation to discuss your case, please call me at 416-658-5855.