Frouhar Law defends clients charged with obstruction of justice, perjury, and related justice system crimes in Ottawa and Eastern Ontario. These charges most commonly arise when an accused person is alleged to have interfered with an investigation, pressured a witness, made a false statement under oath, or breached a bail condition in a way that affected the administration of justice. Contact us for a free consultation.
Human trafficking charges carry mandatory minimum sentences, mandatory criminal records, and maximum penalties extending to life imprisonment. Our criminal defence services in Ottawa include representation at every level of court in Ontario. Contact us for a free consultation.
Tel: 613.238.2000
Obstruction of justice and perjury charges may arise from:
An obstruction of justice or perjury charge can affect your freedom, credibility, employment, professional reputation, and future involvement in court proceedings. The right defence counsel understands both the legal elements of the offence and the high-stakes context in which these allegations usually arise.
Exercising your legal rights is never obstruction of justice. Refusing to answer police questions, declining to provide a statement, and retaining a lawyer before speaking to anyone are all protected by the Canadian Charter of Rights and Freedoms are not obstruction.
A conviction requires proof of a wilful act intended to obstruct, pervert, or defeat the course of justice; not merely the exercise of constitutionally protected rights.
Many clients call Frouhar Law because they are under investigation and are afraid that remaining silent will be seen as evidence of guilt or treated as obstruction. Charter motions and applications protect these rights, and understanding them from the outset of any criminal investigation is essential.
Frouhar Law defends obstruction of justice and perjury charges in Ottawa and Eastern Ontario. Call 613.238.2000 before speaking to investigators.
Contact Us TodayFrouhar Law defends clients facing obstruction of justice and perjury charges in Ottawa and across Eastern Ontario. If you have been arrested, charged, subpoenaed, or contacted by police, early legal advice from an obstruction of justice lawyer can help protect your rights before the case develops further.
Founding partner Mash Frouhar is a former Crown Attorney who understands how prosecutors approach justice system offences, including witness statements, sworn testimony, police notes, court transcripts, disclosure, credibility issues, and allegations of intent to mislead or interfere with an investigation.
Frouhar Law provides obstruction of justice and perjury defence in both English and French. From the first consultation to disclosure review, bail hearings, Crown negotiations, and trial preparation, clients receive clear explanations in the language they are most comfortable using.
Obstruction of justice and perjury investigations can move quickly, especially when police are reviewing statements, contacting witnesses, or examining evidence connected to another criminal proceeding. Frouhar Law's 24-hour availability means you can contact a defence lawyer before answering police questions or making a statement. Your right to counsel is protected under the Canadian Charter of Rights and Freedoms. Call before you speak.
The first steps after an obstruction of justice or perjury allegation can affect your police statement, bail conditions, disclosure review, credibility issues, and the direction of your entire defence.
Book a ConsultationLearn All About Our Team
Mash Frouhar
Barrister & Solicitor, former Crown Attorney, bilingual (EN/FR/Farsi)
Connie D'Angelo
Barrister & Solicitor, sexual offence proceedings
Obstruction of justice Canada law captures a broad range of conduct under the Criminal Code of Canada: any wilful attempt to obstruct, pervert, or defeat the course of justice in a judicial proceeding. The offence is contextually varied: the same provision covers a surety who accepts payment to supervise an accused, a witness who is threatened before testifying, and someone who fabricates an alibi.
To pervert the course of justice or to obstruct justice in any deliberate way during a judicial proceeding is the central prohibition.
Section 139 of the Criminal Code creates two distinct offences separated by context and maximum penalties.
Section 139(3) of the Criminal Code deems certain conduct to constitute wilful obstruction of justice without requiring separate proof of the accused's intent to obstruct.
The following acts are deemed obstruction under s.139(3):
Bribing a witness, dissuading testimony attempts, and influencing a juror are among the most serious forms of obstruction because they directly corrupt the trial process.
A s.139(3) charge frequently arises alongside the underlying offence. For instance, an accused charged with assault who contacts the complainant and pressures them not to testify may face both an assault charge and an obstruction charge.
Section 129 of the Criminal Code covers resisting or wilfully obstructing a public officer or peace officer in the execution of their duty: physically resisting arrest, giving a false name to police, or refusing to cooperate with an officer in a way that interferes with their lawful duties. It is a hybrid offence with a maximum of 2 years imprisonment by indictment.
If you are under investigation or have been charged with obstruction, contact Frouhar Law before speaking further to police.
Book a Free ConsultationPerjury is one of the most serious offences against the administration of justice. Section 131(1) of the Criminal Code defines perjury as making a false statement under oath or solemn affirmation before a person authorized by law to administer oaths, with intent to mislead, knowing that the statement is false.
The mens rea has two requirements:
Common Ottawa contexts include:
An honest mistake does not constitute perjury.
Section 132 sets the penalty: perjury is a straight indictable offence carrying a maximum of 14 years imprisonment and a permanent criminal record.
Section 137 of the Criminal Code makes it an offence to manufacture or knowingly use fabricated evidence with intent to mislead a judicial officer or a court. Fabricating evidence is a straight indictable offence carrying a maximum of 14 years imprisonment.
The key element is knowledge: the accused must know the evidence is fabricated. The falsification of documents offence under section 378 is frequently charged alongside s.137 where the fabricated evidence takes the form of a document.
Section 140 of the Criminal Code creates the offence of public mischief:
Public mischief is a hybrid offence with a maximum of 5 years by indictment. It is commonly charged where someone makes a false police report, whether to deflect an investigation or to falsely accuse another person.
The most common scenario for obstruction of justice charges in Ottawa is a domestic assault case. When a person is charged with domestic assault charges in Ottawa or other assault charges in Ottawa, the court routinely imposes a no-contact order as a condition of bail.
An accused who contacts the complainant in breach of a no-contact bail condition, and who during that contact attempts to persuade the complainant not to testify, faces a section 139(3) obstruction charge in addition to the underlying assault charge (assessed independently at sentencing).
Understanding how bail works in Canada is essential for any accused and their family at this stage.
The most significant feature of obstruction of justice under section 139(2) is its mens rea requirement. The offence requires specific intent: the accused must have wilfully attempted to obstruct, pervert, or defeat the course of justice.
The Crown must prove beyond a reasonable doubt that the accused had the specific intent to interfere with the administration of justice, not merely that their conduct made things more difficult. A simple error of judgment, a careless act, or conduct motivated by a purpose other than obstructing justice does not satisfy this requirement.
Factual innocence defences (challenging identity, the date of the alleged conduct, or the existence of a judicial proceeding) and lack of intent defences (establishing that the accused acted for some other purpose, or under duress) are frequently available. For perjury, the Crown must additionally prove the accused knew the statement was false; a genuine belief that a statement is true is a complete defence.
Not every obstruction of justice Ottawa charge proceeds to trial.
Section 129 is typically treated as a less serious hybrid offence than section 139 charges, though both result in a criminal record on conviction.
No. Remaining silent, refusing to answer questions, and retaining a right to counsel are constitutionally protected; never obstruction of justice under Canadian law. Section 7 of the Charter protects the right to remain silent; section 10(b) guarantees the right to retain counsel.
Perjury Canada law, under section 131 of the Criminal Code, is a straight indictable offence with a maximum of 14 years imprisonment. There is no minimum sentence; the actual sentence depends on the nature of the false under oath statement, its impact on proceedings, and the accused’s prior record.
Perjury convictions result in a permanent criminal record. Fabricating evidence carries the same 14-year maximum.
