Challenging Criminal Code of Canada s.365
Posted: Tue Dec 15, 2009 9:24 am
Below is my December 15, 2009 letter to The Honourable Robert Douglas Nicholson,
Minister of Justice and Attorney General of Canada. In this letter I challenge section 365 of the Criminal Code of Canada on the basis of the religious rights protected in Canada under Section 2 of The Canadian Charter of Rights and Freedoms and later supported by the 1985 R. v. Big M Drug Mart Supreme Court of Canada ruling of Chief Justice Brian Dickson. Section 365 is directly discriminatory against religious and cultural groups within Canada that include traditions of witchcraft and divination. I conclude by urging The Honourable Robert Douglas Nicholson to act in removing this problematic section of the Criminal Code of Canada. I will update this posting with any response received.
-FTP
The Honourable Robert Douglas Nicholson
Minister of Justice and Attorney General of Canada
284 Wellington Street
Ottawa, Ontario K1A 0H8
The December 9, 2009 edition of the Globe and Mail included an article regarding a Toronto woman by the name of Vishwantee Persaud who has been charged under section 365 of the Criminal Code of Canada. While the media reported facts of the case suggest that the accused is guilty of fraud, she has been charged under CC 365 for practicing witchcraft. This section of the Criminal Code reads as follows,
"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."
Canada includes minority populations of religious and cultural practices that include witchcraft. Section 2 of The Canadian Charter of Rights and Freedoms guarantees Canadians the freedom of conscience and religion as follows,
"2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association."
Chief Justice Brian Dickson ruled in the 1985 Supreme Court of Canada case R. v. Big M Drug Mart that Canadians have "the right to entertain such religious beliefs as a person chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and dissemination."
Section 365 of the Criminal Code of Canada specifically targets minority religious and cultural populations in Canada contrary to Section 2 of The Canadian Charter of Rights and Freedoms and the 1985 Supreme Court of Canada R. v. Big M Drug Mart ruling. Beyond being discriminatory in nature, The Criminal Code of Canada has adequate law covering acts of fraud making section 365 redundant. Further, Section 365 qualifies the offence by placing a burden upon Prosecutors to prove that the Defendant "pretends" to hold or practice their religious or cultural beliefs making the law problematic to prosecute and making an issue of the Defendant's sincerity of belief rather than focusing on the act of fraud itself.
For the above reasons, I would respectfully request that the Minister of Justice and Attorney General of Canada act to remove section 365 from the Criminal Code of Canada. This section of the Criminal Code of Canada is discriminatory and contrary to the protections offered to Canadians by law. I look forward to your response.
Minister of Justice and Attorney General of Canada. In this letter I challenge section 365 of the Criminal Code of Canada on the basis of the religious rights protected in Canada under Section 2 of The Canadian Charter of Rights and Freedoms and later supported by the 1985 R. v. Big M Drug Mart Supreme Court of Canada ruling of Chief Justice Brian Dickson. Section 365 is directly discriminatory against religious and cultural groups within Canada that include traditions of witchcraft and divination. I conclude by urging The Honourable Robert Douglas Nicholson to act in removing this problematic section of the Criminal Code of Canada. I will update this posting with any response received.
-FTP
The Honourable Robert Douglas Nicholson
Minister of Justice and Attorney General of Canada
284 Wellington Street
Ottawa, Ontario K1A 0H8
The December 9, 2009 edition of the Globe and Mail included an article regarding a Toronto woman by the name of Vishwantee Persaud who has been charged under section 365 of the Criminal Code of Canada. While the media reported facts of the case suggest that the accused is guilty of fraud, she has been charged under CC 365 for practicing witchcraft. This section of the Criminal Code reads as follows,
"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."
Canada includes minority populations of religious and cultural practices that include witchcraft. Section 2 of The Canadian Charter of Rights and Freedoms guarantees Canadians the freedom of conscience and religion as follows,
"2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association."
Chief Justice Brian Dickson ruled in the 1985 Supreme Court of Canada case R. v. Big M Drug Mart that Canadians have "the right to entertain such religious beliefs as a person chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and dissemination."
Section 365 of the Criminal Code of Canada specifically targets minority religious and cultural populations in Canada contrary to Section 2 of The Canadian Charter of Rights and Freedoms and the 1985 Supreme Court of Canada R. v. Big M Drug Mart ruling. Beyond being discriminatory in nature, The Criminal Code of Canada has adequate law covering acts of fraud making section 365 redundant. Further, Section 365 qualifies the offence by placing a burden upon Prosecutors to prove that the Defendant "pretends" to hold or practice their religious or cultural beliefs making the law problematic to prosecute and making an issue of the Defendant's sincerity of belief rather than focusing on the act of fraud itself.
For the above reasons, I would respectfully request that the Minister of Justice and Attorney General of Canada act to remove section 365 from the Criminal Code of Canada. This section of the Criminal Code of Canada is discriminatory and contrary to the protections offered to Canadians by law. I look forward to your response.