Canadian Criminal Law/Offences/Perjury

Elements of Proof

 * 1) ♰ identity of accused
 * 2) ♰ date and time of incident
 * 3) ♰ jurisdiction (incl. region and province)
 * 4) ♰ obtain evidence of prior hearings
 * 5) ♰ obtain transcript of prior hearings
 * 6) ♰ have transcript certified by presiding judge
 * 7) ♰ provide notice to accused of intention to produce
 * 8) ♰ prove contents of hearings (through the clerk of the original trial)
 * 9) ♰ jurisdiction, date and time of prior hearing
 * 10) ♰ identity of accused as a witness
 * 11) ♰ the clerk swore the accused
 * 12) ♰ that the accused gave testimony to a fact ♰ 
 * 13) ♰ there was a contradiction between the testimony in the prior hearing #1 and prior hearing #2
 * 14) ♰ the accused knew that they were contradictory at the time
 * 15) ♰ the accused intended to be contradictory at the time

Tender Exhibits

 * 1) ♰ evidence of prior hearings:
 * 2) ♰ transcript of prior hearings
 * 3) ♰ subpoena clerk of original trial to bring all documents related to trial
 * 4) ♰ provide notice to accused of intention to produce
 * 5) ♰ any other documents in possession of the clerk of original trial related to it

Interpretation
Section 133 intends to prohibit the conviction of the accused on the basis of evidence from a single witness claiming the accused lied. However, where the case is entirely circumstantial, the crown does not need to corroborate the evidence.