One of the realities within our criminal justice system is the tacit acceptance of lies under oath, most commonly encountered when accused persons testify on their own behalf. To suggest that this behaviour is tolerated by the judiciary is to understate the current state of affairs in the courts of British Columbia. With the exception of the high profile conviction of Air India co-conspirator Inderjit Singh Reyat, we never seem to hear about perjury charges being laid. In almost every criminal trial where testimony is provided by multiple witnesses, the judge (or judge and jury) is required to weigh the credibility of those whose evidence is being heard. It is hardly uncommon that the judge’s reasons contain references to the lack of credibility of one or more witnesses.
In the proceedings following the tragic death of Robert Dziekanski, there were a number of police officers who obviously lied under oath, driven by a desire for career preservation. This is behaviour perhaps learned from members of the RCMP’s commissioned ranks who clearly perjured themselves during the APEC Inquiry, in addition to similar performances coming from the Office of the Commissioner himself.
More recently in BC, we have read coverage of the interminable multiple murder trial of Charles Kembo, where the accused committed perjury almost every time his lips moved.
The judicial system would appear to be encouraging this behaviour through the absence of sanctions against those who view an oath as a nuisance, rather than a solemn instrument of justice. It is my view that civilian oversight of police agencies in serious cases of misconduct is overdue. A logical extension of this is the commitment to investigate testimony provided by police officers where lies under oath are suspected. Similarly, in cases where a civilian witness or an accused are believed to have perjured themselves, resources must be committed toward the investigation of this behaviour using all evidence gathering tools available.
There is no denying that such a shift in approach will be expensive.
With these measures undertaken, however, public confidence in our policing, legal and judicial institutions will have a chance of being restored. The citizens of Canada deserve nothing less.