by FTP » Fri Mar 12, 2010 9:12 am
Prior to the current 2009 case, there is R. v. Labrosse (1984), 17 C.C.C. (3d) 283 (Que. C.A.), affirmed (1987), 33 C.C.C. (3d) 220 (S.C.C.). In this case, although the Defendant did not explicitly say to her client that she had the power to predict the future, the Court found that the fraudulent element of the offence arose from the gestures, actions, and words of the Defendant in making the victim believe that the Defendant had the power to predict the future. For those people that do tarot readings, tea leafs readings, rune reads, etc. the offshoot of this ruling is that stating "for entertainment purposes only" may well be no legal defence if the complainant feels that you else wise, even through non-verbal means, communicated that you have the power to predict their future.
The Court further ruled that it was not necessary that there be proof that the predictions were in fact false. And here is the most critical part of the Court's ruling for those that believe s.365 provides special protection to those who consider themselves 'real witches:'
The trial Judge found that it was unnecessary to decide the issue of whether an honest belief by the Defendant in her power to predict the future would constitute a defence to the charge.
Simplified, that means whether you are an outright fraudster, a BTW initiate, an eclectic Wiccan, family tradition witch, aboriginal Canadian, Santerian, Vodoun, Romani, etc., the sincerity or insincerity of your belief does not constitute a defence should you be charged under s.365.