Greendruid
Dec 10th 2009, 09:24 PM
This case brought this law back into my radar recently:
Woman faces witchcraft charge in fraud case (http://network.nationalpost.com/np/blogs/toronto/archive/2009/12/10/woman-faces-witchcraft-charge-in-fraud-case.aspx)
Perhaps someone can explain to me how the judge would know the difference between someone practicing witchcraft and someone pretending to practice witchcraft. As a pagan I've always found this law rather troubling. As a matter of course, most actual practitioners of services pertaining to what might be construed (however broadly) as witchcraft tend not to charge for their services. But this can get dicey. My wife has read tarot cards at local volunteer firehall functions to raise money for Children's Wish Foundation. In other words, her time and skills as tarot card reader were volunteered and the money paid was donated. If someone felt that the readings were misleading, could they charge my wife with this law? How would the judge determine if she was practicing witchcraft or pretending to practice witchcraft? I think this law needs to be changed or challenged. Unfortunately, I wouldn't touch the above fraud case with a ten foot druid's staff because the woman was obviously a con-artist. Anyone have opinions on this?
Here is the legal segment from the Canadian Criminal Code:
Pretending to practise witchcraft, etc.
365. Every one who fraudulently
(a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration,
(b) undertakes, for a consideration, to tell fortunes, or
(c) pretends from his skill in or knowledge of an occult or crafty science to discover where or in what manner anything that is supposed to have been stolen or lost may be found,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 323.
I particularly dislike the wording "crafty science" - very problematic
Woman faces witchcraft charge in fraud case (http://network.nationalpost.com/np/blogs/toronto/archive/2009/12/10/woman-faces-witchcraft-charge-in-fraud-case.aspx)
Perhaps someone can explain to me how the judge would know the difference between someone practicing witchcraft and someone pretending to practice witchcraft. As a pagan I've always found this law rather troubling. As a matter of course, most actual practitioners of services pertaining to what might be construed (however broadly) as witchcraft tend not to charge for their services. But this can get dicey. My wife has read tarot cards at local volunteer firehall functions to raise money for Children's Wish Foundation. In other words, her time and skills as tarot card reader were volunteered and the money paid was donated. If someone felt that the readings were misleading, could they charge my wife with this law? How would the judge determine if she was practicing witchcraft or pretending to practice witchcraft? I think this law needs to be changed or challenged. Unfortunately, I wouldn't touch the above fraud case with a ten foot druid's staff because the woman was obviously a con-artist. Anyone have opinions on this?
Here is the legal segment from the Canadian Criminal Code:
Pretending to practise witchcraft, etc.
365. Every one who fraudulently
(a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration,
(b) undertakes, for a consideration, to tell fortunes, or
(c) pretends from his skill in or knowledge of an occult or crafty science to discover where or in what manner anything that is supposed to have been stolen or lost may be found,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 323.
I particularly dislike the wording "crafty science" - very problematic