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Mandatory Jail for Parliamentary Perjury, Contempt Fines

Full Title: An Act to amend the Criminal Code and the Parliament of Canada Act

Summary#

This bill changes two laws. It adds a mandatory jail term for perjury (lying under oath) when it happens before Parliament. It also lets either House of Parliament fine people for contempt of Parliament and enforce that fine through the Federal Court.

  • Sets a minimum jail term of 6 months for perjury before a House of Parliament or one of its committees (Criminal Code s.132, as amended).
  • Keeps the existing maximum penalty of up to 14 years for perjury in all cases (Criminal Code s.132).
  • Authorizes a fine of up to CAD $50,000 for conduct that a House decides is contempt of Parliament (Parliament of Canada Act, new section after s.6).
  • Makes a contempt fine order enforceable as a Federal Court order once filed, and collectible even if Parliament is prorogued or dissolved (Parliament of Canada Act, new s.(2)-(3) under “Fine for Contempt”).
  • States these changes do not limit Parliament’s existing privileges and powers (Parliament of Canada Act, new s.(4) under “Fine for Contempt”).
  • Clarifies that certain evidence referenced in s.12(1) of the Parliament of Canada Act is admissible against the witness for proceedings under that subsection (Parliament of Canada Act s.12(2), added).

What it means for you#

  • Households and individual witnesses

    • If you testify under oath before the House of Commons, the Senate, or their committees, and you commit perjury, a judge must impose at least 6 months in jail. The court cannot go below that minimum (Criminal Code s.132, as amended). Effective upon coming into force; the bill text does not set a delayed date.
    • If a House finds your conduct is contempt of Parliament, it may order you to pay a fine up to $50,000. That order can be filed in the Federal Court and enforced like a court order, including after prorogation or dissolution (Parliament of Canada Act, new section after s.6).
    • The bill does not spell out procedures, defenses, or appeal rights for contempt fines. Procedures would be determined by the House using its powers and rules (Parliament of Canada Act, new section after s.6).
  • Workers (public servants, corporate officers, advocates, experts)

    • If you appear as a witness or produce documents to Parliament, the perjury minimum applies if you lie under oath, and contempt fines may apply for conduct a House deems contempt (Criminal Code s.132; Parliament of Canada Act, new section after s.6).
    • Penalties apply regardless of employer. The contempt provision applies to “a person,” and the bill does not list exemptions (Parliament of Canada Act, new section after s.6).
  • Businesses, NGOs, and lobbyists

    • Company representatives and agents who testify or respond to parliamentary orders could face the 6‑month minimum for perjury and fines for contempt, up to $50,000 per person (Criminal Code s.132; Parliament of Canada Act, new section after s.6).
    • An unpaid fine can be pursued in Federal Court after the House files the order (Parliament of Canada Act, new s.(2)).
  • Local and provincial governments

    • Officials summoned to federal parliamentary proceedings are subject to the same perjury minimum and potential contempt fines when appearing before Parliament (Criminal Code s.132; Parliament of Canada Act, new section after s.6).

Expenses#

Estimated net cost: Data unavailable.

  • No appropriation or spending authority is included in the bill text.
  • Potential new revenues: fines up to $50,000 per contempt order, but volume and totals are unknown (Parliament of Canada Act, new section after s.6).
  • Administrative and enforcement costs, if any, are not discussed in the bill text. Data unavailable.

Proponents' View#

  • Strengthens accountability in parliamentary hearings by ensuring anyone who lies under oath faces at least 6 months in jail, which they argue will deter perjury (Criminal Code s.132, as amended).
  • Closes an enforcement gap by giving each House a clear statutory power to impose and collect meaningful fines for contempt, up to $50,000 (Parliament of Canada Act, new section after s.6).
  • Improves compliance because a contempt fine becomes a Federal Court order upon filing, enabling standard court enforcement tools (Parliament of Canada Act, new s.(2)).
  • Preserves parliamentary privilege while adding a practical enforcement mechanism, avoiding limits on existing powers (Parliament of Canada Act, new s.(4)).
  • Ensures continuity: fines remain collectible even if Parliament is prorogued or dissolved, reducing incentives to delay compliance (Parliament of Canada Act, new s.(3)).

Opponents' View#

  • Removes judicial discretion in Parliament‑related perjury cases by mandating at least 6 months in jail, which critics say could produce disproportionate sentences in less serious cases compared with identical perjury outside Parliament that has no minimum (Criminal Code s.132).
  • Creates two tiers of perjury penalties depending on the forum (Parliament vs. elsewhere), raising consistency and fairness concerns (Criminal Code s.132).
  • May chill participation: some witnesses could be less willing to appear or speak freely before committees due to the mandatory minimum and the risk of large fines (Criminal Code s.132; Parliament of Canada Act, new section after s.6).
  • Defines contempt only as “as determined by that House,” which critics say lacks clear statutory standards and due‑process safeguards in the bill text (Parliament of Canada Act, new section after s.6).
  • The bill outlines enforcement of fines via the Federal Court but does not describe procedures for notice, representation, or review of a House’s contempt finding, raising implementation and rights‑protection questions (Parliament of Canada Act, new s.(2)-(4)).

Timeline

Jun 14, 2024 • House

First reading - Second reading

Criminal Justice