Knowingly making a false report to the police is a serious offence in Canada. It can waste valuable police resources, harm innocent people, and undermine the justice system. Because of this, the Criminal Code includes specific provisions that make false reporting a criminal act.
In this article, we’ll explain what the law says about false reports and what someone might face if charged.
False Reporting is a Crime Under Section 140(1)(a)
Section 140(1)(a) of the Criminal Code of Canada makes it a criminal offence to mislead the police by reporting a crime that didn’t happen or falsely accusing someone of a crime.
To be charged under this section, a person must:
- Know the information they’re giving is false, and
- Intend to mislead the police, causing an investigation to begin or continue.
This means that a false report made by accident or due to confusion is unlikely to result in charges. But if someone deliberately lies — for example, by accusing another person of a crime they didn’t commit — they may be charged with public mischief under this section.
What Are the Penalties for False Reports? (Section 140(2))
Section 140(2) sets out the possible penalties for making a false report. The offence can be treated as either:
- An indictable offence, carrying a maximum penalty of up to five years in prison, or
- A summary offence, which may result in a fine, a shorter jail term, or a criminal record.
The seriousness of the punishment usually depends on the impact of the false report. If it led to someone being arrested, or required a significant police response, the Crown may pursue the more serious indictable charge.
Why It Matters
False reports can have real consequences. Police resources are limited, and when time is spent chasing false leads, it takes attention away from real victims and real crimes. Innocent people may also suffer if they’re wrongly accused. That’s why Canadian law treats this conduct seriously.
A public mischief charge can also affect a person’s future. A criminal record may limit travel, affect employment, or create long-term legal consequences.
If you are facing criminal charges relating to a false police report, our experienced team of criminal defence lawyers at Collett Read LLP is here to assist you. We will thoroughly examine the specifics of your case, review the evidence presented by the Crown, and vigorously advocate on your behalf. Our goal is to ensure a fair and just legal process while protecting your rights every step of the way. Contact us today at (905) 541-2228 or fill out our intake form for a free consultation.
