The defendant, Daniel Costa, was charged with perjury for making a false statement under oath to homicide detectives.
The Crown conceded that Costa could not be convicted of perjury due to the application of s. 131(3) of the Criminal Code, as he was not legally required, permitted, or authorized to make the statement.
The Crown then sought to continue the prosecution on the basis that attempt to obstruct justice was an included offence of perjury as described in the indictment.
The court denied the Crown's request, finding that attempt to obstruct justice was not necessarily included in the perjury charge as worded, and that the accused did not have fair notice of this potential charge.
