Pentacle
The Wicca.ca
Home Forums Articles Festivals People Culture Shops Organizations

Fraud vs. Witchcraft

Discussion of news and current events related to Wicca.

Fraud vs. Witchcraft

Postby FTP » Wed Dec 09, 2009 10:39 am

This news story is an interesting case regarding a Toronto woman charged under section 365 of the Criminal Code. My comments posted regarding the article are copied below:

As the facts have been reported, the Defendant is likely guilty of fraud. CC 365 would likely not withstand a modern constitutional challenge. Here is the section:

"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."

This section of the CC should quite simply be struck out as it specifically targets a religious/cultural minority. Modern day charlatans such as Benny Hinn that have been clearly exposed in the media as defrauding through religion would not be prosecutable under CC 365. If the intent of the section is to prohibit fraud, then the Defendant should be charged with fraud. If the intent of CC 365 is to target those whose culture includes fortune telling and witchcraft, then the section needs to be struck out as unconstitutional.
FTP
Site Admin
 
Posts: 22
Joined: Sat Apr 04, 2009 1:33 pm

Re: Fraud vs. Witchcraft

Postby FTP » Wed Mar 10, 2010 2:18 pm

The above article no longer appears to be active. Here is another article regarding the incident.

The case of a Toronto woman accused of fraud has shed light on a section of the Canadian criminal code that carries a hint of the Dark Ages: posing as a witch.

Vishwantee Persaud allegedly defrauded a Toronto lawyer of tens of thousands of dollars by telling him she was the embodiment of the spirit of his deceased sister, come back to help him in business. Ms. Persaud now faces charges under a rarely used section of the criminal code for pretending to practise witchcraft.

"She said she came from a long line of witches and could do tarot-card readings," says Detective Constable Corey Jones, who investigated the case. "It was through this that she cemented [the lawyer's] trust," setting the stage for the fraud to follow, which, according to Det. Constable Jones, included claiming fictitious expenses such as law-school tuition and cancer treatments.

Det. Constable Jones says it’s rare to charge someone under Section 365, but the circumstances of this case fit.

"It’s a historical quirk," says Alan Young, a professor at Osgoode Hall Law School. Some sections of the Canadian criminal code reflect offences that were more prevalent centuries ago. When the code was enacted in 1892, witchcraft per se was no longer a punishable offence, he says, but lawmakers wanted to ensure witchcraft wasn’t used as a cover for fraud.

Section 365 states that any one who fraudulently pretends to exercise or to use any kind of witchcraft, sorcery, or enchantment or who "undertakes, for a consideration, to tell fortunes … is guilty of an offence punishable on summary conviction."

"It’s not really about occult activity," Prof. Young says. "It’s about defrauding people."

The lawyer met Ms. Persaud, who claimed to be in law school, in early 2009 and started to mentor her. According to Det. Constable Jones, he probably gave Ms. Persaud more than $100,000 over the year.

Det. Constable Jones says the scheme came to a head when Ms. Persaud said they were going to make money hosting and providing security for certain celebrities at the Toronto International Film Festival. "That’s where everything fell apart because of course no Hollywood celebrities showed up," he says.

In fact, he points out, this kind of offence could lead to a simple charge of fraud, which carries longer jail terms and stiffer fines. As it stands, a conviction of pretending to practise witchcraft carries a maximum sentence of six months in jail and/or a $2,000 fine.

"There are probably more cases than we know of," Det. Constable Jones says. He says victims are sometimes embarrassed to report such frauds to police.

Ms. Persaud remains in custody and also faces fraud charges relating to this and other cases. She is scheduled to appear in court on Dec. 24.
FTP
Site Admin
 
Posts: 22
Joined: Sat Apr 04, 2009 1:33 pm

Re: Fraud vs. Witchcraft

Postby FTP » Wed Mar 10, 2010 2:45 pm

Here is a follow-up article from the Defendant's first Court appearance:

A Toronto woman accused of posing as a witch in order to defraud a lawyer of tens of thousands of dollars has made her first appearance in court.

Vishwantee Persaud appeared through a video link for a brief preliminary hearing at a Toronto courtroom on Thursday morning.

She has yet to retain a lawyer, so her case was adjourned until Jan. 12. She remains in custody.

None of Persaud's family members was in the courtroom. Neither was the man she is alleged to have defrauded, Noel Daley, a veteran criminal lawyer.

Persaud was arrested earlier this month for allegedly defrauding Daley of more than $100,000. Police said Persaud told Daley that she came from a long line of witches and could do tarot-card readings.

She gained Daley's trust by telling him she was the embodiment of his dead sister, who Persaud said wanted to help him achieve financial success, according to police.

Persuad faces eight fraud-related charges — including one count under an obscure section of the Criminal Code dating back to 1892 that prohibits fraudulently exercising witchcraft or sorcery.
FTP
Site Admin
 
Posts: 22
Joined: Sat Apr 04, 2009 1:33 pm


Return to News and Current Events

Who is online

Users browsing this forum: No registered users and 3 guests

cron