Date: 1982-06-18. Woods, Hall and Tallis, JJ.A. | Link
Foster and Walton-Ball were each convicted of perjury for evidence given by them in examinations for discovery from their wrongful termination lawsuits. They were each sentenced to imprisonment for one day and ordered to pay a $2,500 fine. After defaulting on the payment, they were sentenced to a further 90 days. The Crown has appealed the sentences. The appellate court found that “the sentences imposed do not adequately reflect the seriousness of the crime of perjury. The appellants are articulate and sophisticated business people who no doubt enjoyed a good reputation in the business community. Their motives in this case are obvious. In their respective civil actions they were represented by able and respected counsel. I have no doubt that the sanctity of the oath on an examination for discovery was fully explained to each of them. Accordingly the sentence imposed in such cases must reflect the gravity of the offence committed and the necessary general and specific deterrence that must flow from sentences imposed for such offences. The integrity of the administration of justice in both civil and criminal matters depends in a large part on the honesty of parties and witnesses who testify and this fact must be considered. In the case of perjury prosecutions, the Criminal Code makes no distinction between perjury committed in civil or criminal proceedings. Our system of discovery and production of documents in civil actions contemplates the production of authentic rather than fabricated or falsified documents“. The court imposed a new sentence of eight months imprisonment on both Foster and Walton-Ball.