Fraud vs. Witchcraft
Posted: 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.