Fabricating Evidence
Fabricating evidence includes the act of creating false information in an attempt to sway the verdict of a court case.
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Plain-Language Summary
Fabricating Evidence: Fabricating evidenceIntroducing misleading information is covered in Part IV of Offences Against the Administration of Law and Justice and, like any effort to subvert justice, is dealt with harshly by the courts. It is closely tied in with perjury, which is knowingly giving false evidence in a judicial proceeding while under oath with the intent of misleading a judge or a juryA group of people who decide guilt in some criminal trials.. If you fabricate any evidence that is to be used in a judicial proceeding with the intent to mislead you can be imprisoned for up to 14 years under s.137 of the Criminal CodeA federal act codifying most criminal offences in Canada of Canada. It should be noted there have been cases of fabricating evidence on both sides of a case with lawyers and police officers facing charges.
What is Fabricating Evidence?
Section 137 of the Criminal Code states that anyone who "with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding" can face prosecution.
Fabricating evidence includes the act of creating false information in an attempt to sway the verdict of a court case. This could include anything that may be introduced as evidence in a judicial proceeding.
Fabricating evidence can occur as a way to avoid prosecution or in an attempt to falsely convict someone. This could include false police notes or reports. Perpetrators can be anyone sympathetic to either side of a case, such as a doctor who files an untrue medical report that supports an accused's testimony. The offence can occur in any court of law. If you submit fabricated financial reports during a divorce proceeding or a civil trial, for instance, you can face prosecution.
The offence is not limited to ongoing or pending trials. For example, a Nova Scotia man was arrested after he claimed he found child pornography on a computer that once to belonged to a woman. He had demanded money from the woman. Police said although there was no pornography found on the computer, the man had attempted to make it appear there was and he was charged with fabricating evidence and extortion.
Treated as an Indictable Offence
If you have been charged with fabricating evidence, the Crown prosecutor will proceed as an indictable offenceA more serious type of Canadian criminal offence.. Indictable offences are reserved for more serious crimes and they come with harsh sentences intended to act as a deterrent to would-be offenders. If you are convicted of fabricating evidence, you will likely be imprisoned.
What is Needed to Convict
For the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. to win a conviction, the court must be satisfied beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you falsified information with the intention to deceive. One of the essential elements that must be proven is that you intentionally and/or knowingly committed the offence.
Penalties for Fabricating Evidence
Under the Criminal Code, anyone who fabricates evidence “by any means other than perjuryLying to court or police under oath or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.” Fabricating evidence is considered a miscarriage of justice, so courts will focus on denunciation and deterrence in sentencing. Among the aggravating factorsAny information or evidence that may result in a heavier sentence a judge may consider is the effect of the evidence on the outcome of the trial and whether the evidence led to the implication of an innocent person.
What the Crown Must Prove
To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.
Section
Fabrication of something
The accused fabricated (created, altered, planted, or manufactured) something — a document, physical object, or other material — that did not genuinely exist or was not genuinely as represented.
Intent that it be used as evidence
The accused fabricated the item with the specific intent that it would be used as evidence in a judicial proceeding — one that either already exists or is proposed/contemplated (need not yet be commenced).
Intent to mislead
The accused acted with intent to mislead — i.e., to deceive the court, a tribunal, or the parties/investigators, not merely to inform.
By means other than perjury or incitement to perjury
The method of fabrication must be something other than perjury (false testimony under oath) or inciting another person to commit perjury — those acts are captured by separate Code provisions (e.g., s.131 perjury), not s.137.
A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Fabricating evidence with intent to mislead, for use in an existing or proposed judicial proceeding — s. 137
IndictableIndictable-only offence — no summary conviction election is available under s. 137. No mandatory minimum applies.
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
Fabricating Evidence — s.137
Section 137 does not list a special defence in the Criminal Code. The Crown still has to prove the parts of the offence. Depending on the charge, this may mean proving that the person fabricated something "with intent to mislead" and "with intent that it shall be used as evidence in a judicial proceeding", by a means "other than perjury or incitement to perjury" (conduct that amounts to perjury is a separate offence, dealt with under a different section).
Possible issues may still depend on the facts, the evidence, and whether the Crown can prove each part of the offence. This is general legal information, not legal advice.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Aggravating factors Glossary entry →
Any information or evidence that may increase the crime's severity, resulting in a heavier sentence.
- Crown prosecutor Glossary entry →
A Crown prosecutor is a lawyer who conducts a criminal prosecution on behalf of the public. The Crown’s role is to present the case fairly, exercise independent judgment, and act in the public interest. The Crown’s role is not simply to obtain a conviction.
- Indictable offence Glossary entry →
An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.
- Perjury Glossary entry →
Lying to court or to police under oath or solemn affirmation, knowing the statement is false.
- Reasonable doubt Glossary entry →
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
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Criminal Code s. 137 Fabricating evidenceSource current to: 2026-05-26View official source ↗
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Criminal Code s. 131Source current to: 2026-05-26View official source ↗
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Criminal Code s. 139Source current to: 2026-05-26View official source ↗
Government References
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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.
About this page
Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.