When you apply the facts of what transpired here to the wording of the offence in subsection 139(2), you have to apply the “knowingly” standard to the act of obstructing, perverting or defeating the course of justice. Case law says that it takes more than a mere moral lapse or a lapse of ethical judgment. It takes an additional step—a corrupt intent, a criminal intent. This is where we have difficulty in establishing that intent.
On March 21st, 2024. See this statement in context.