The biggest Pagan news story being spread around in Canada is about a Toronto woman who claimed to be from a long line of witches and mediums… oh and she also scammed a lawyer out of $100,000 because she also told him she was channeling the spirit of the lawyer’s dead sister who had come back just to make him successful in business. It also turns out what she did was considered illegal by Canadian law. In section 365 of the Canadian Criminal Code from 1892, under the “False Pretences” section it states:
365: Pretending to practise witchcraft, etc
“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.”
The penalty is a $2,000 fine and/or six months in jail depending on the severity of the case. Many of the news articles and comments resulting from this story are asking how does one know if the witch they call on is real and is there any regulation for witches and fortune-tellers? The answer is no, there is no regulation or method of determining a “real” witch from a fake one in Canada. My question as a professional witch is can “real” witches sell their skills and services without getting arrested in Canada if the client decides they don’t like you or your results?
Now I realize there’s a big difference between knowingly scamming someone out of a hundred grand and just charging someone $15 for a tarot reading – but the legal consequences could still be the same if the client squealed. How do professionals protect themselves? In United States law one has to put disclaimers on all services and supplies; something to the effect of “this item is a curio only and we do not certify its effectiveness” and also “There is no 100% guarantee that spells or services will work, they are for entertainment value only”. These disclaimers are more to protect the professional than the client so the client can’t come back and whine later that the magic didn’t work and get the witch or diviner in trouble. However, in Canada there are no such stipulations. The only loophole for the professional to walk away free is to prove they are not faking their magical practice and do not believe themselves to be lying about their abilities. If you can prove this in court, you would get off scott free.
However, being Canadian, we are also naturally very scared to offend anyone even if what they are doing is illegal – so I doubt a professional witch like myself selling my wares and services is going to get charged and arrested over the thousands of so-called psychics advertising in phone books, newspapers, and on the internet across Canada (I’m pretty sure 1 in 500 of them “might” be real). The best way to cover your ass however, in both the US and Canada, is to be a certified member of a Wiccan of Pagan group or have a clergy license. Also, if you are active in your local community and others have seen you hosting or participating in rituals… you have nothing to worry about. So the lesson here is, if you want to be a professional witch you better be involved in your local Pagan community! You can’t just decide to make supplies or sell your services to make a quick buck if you have no actual practice or belief behind it. I know so many local “Pagans” who are not really spiritual at all, but are the first ones to sign up for any event or festival with vendors and who are the first to steal the true spiritual crafter’s ideas and sell them the following year for more money. Would you like a wood wand crafted and empowered in a traditional way by a devout witch, or would you like a piece of rotting deadfall chewed on by a dog with some glass beads glued on to it? These are the idiots that deserve to pay the fines. Religion isn’t about profit dumbasses.
Now I wonder, if Neopaganism becomes one of the bigger religions of North America and the government decides to regulate professionals, what would the test be like? Do you think they’d look for witch’s marks and poke us with pins? Or would we have to answer complex theological questions about our faith and practice? Would they try to make us prove our powers? Do they make reiki practitioners? They don’t… they just make them get malpractice insurance once again to protect them from the clients and not the other way around. We really do have a strange legal system! I wonder what a witch’s legal certification would look like?…
On a side note 365 (c) of the Canadian Criminal Code gives away that in the 1800s there were enough practitioners of folk magic (most likely immigrant cunning folk from Europe) to warrant creating a law to prevent them from acting fraudulently. The practice of finding lost or stolen items is a classic practice of cunning folk from the 1800s and earlier usually involving using a bible, scissors, and a sieve… or other folk charms the likes of which can still be found in Long Lost Friend. This is further supported by the presence of grimoires in Quebec and Ontario from the late 1600s to the late 1800s. Canada is no stranger to magic and witchcraft!
Great post, something I’ve thought about a lot as well after seeing this story a few days ago. What I worry about is if it does get to the point of regulations… who will be doing it? and more importantly… who will decide what makes one an authentic Witch?
Aside from the actual religious aspect like Wicca and Vodou… what about those who practice Folk Magick and things of the sort? I could imagine it being quite a fiasco.
Also – <>… well said and so very true too!
Unfortunately, the latter is the type that preys upon unsuspecting people in need of help… all in the name of the mighty dollar… nevermind actually considering whether they have created something that will truly work for its stated intention… no, no.. to them… the dollar is the intention.
Really is sad, but I suppose this is something that all religions must deal with.
Yikes, I messed up my post above.. when it says Also and the lil it was supposed to be quoting what you said about the wand being crafted by a devout witch or the twig with glued on beads.
I live in the U.S., but this is exactly one of the reasons that I am now registered clergy. Just getting a coven registered as a non-profit here in the States is a HUGE fiasco. I can’t imagine what it would be like to have to prove myself a witch if I were a solitary practitioner of something not-so-Wiccan…
Wow, that’s definitely something to think about.
It’s one of those things that can be zoomed out to the bigger picture: there is always someone trying to make a quick buck off of everything. And because spirituality is something that people hold dear to them and take quite seriously, we trust too quickly those who, on the surface, are great actors making fabulous claims that we feel we have to believe.
Also, there’s really no way to measure one’s spirituality, and I think in our time, if Neo-Paganism became one of North America’s main spirituality, there would be sort of that “laissez-faire” feeling about it, each to his own. Who are we to say who’s spirituality is real?
As far as those people who sell objects, or services related to their religion, or spirituality, I don’t think there will ever be an effective way to rid ourselves of those charlatans. I completely agree that those who wish to sell spiritual wares should have a presence in the community, even if you are a solitary, go to some public rituals!
A wonderful post!
Thanks all for your responses! As a non-Wiccan witch I don’t think I’ll ever be able get any legal certification – but as I’m active in my community and have craft teachers… I think those can count as material witnesses!
I hear you Miaerowyn – after reading Owen Davies Grimoires I realized that throughout history there’s always been at least five charlatans for every one real mystic. It’s human nature to capitalize on someone else ideas and success…
Well, you learn something everyday. I had no clue that this law existed! You have raised some really very valid points, something every all of us Canadian practitioners {full or part time!} should be thinking about. And let it be a nice little reminder to the scam artists.
Thanks for sharing!
Hahahahahahahaha Sarah I love your descrption of wands vs sparkly sticks…whats amazing is that people actually buy the cheeper ones…no appreciation for the living spirit of the real deal item, birthed in wisdom and psychic sensitivity.
Very interesting!
Do they have to prove you are “pretending”? Or do they just assume that anyone who practices witchcraft must be pretending because witchcraft doesn’t exist? In the latter case, someone with deep pockets could do a lot of good by challenging any conviction by comparing witchcraft to, say, Catholic priests who “pretend” to turn wine into blood, etc.
In the US, you will indeed see many sites and even some shops with “disclaimers” re the objects being sold for entertainment value only. Such disclaimers actually offer no legal protection whatsoever. All you have to do is talk to a customer about how the object could be used magically, and you have convicted yourself. The thing is, though, that I have not heard of anyone being brought to court for practicing magic in the US for many years. The earthly powers that be seem mostly interested in those scams who want all your money so they can take a curse off it, etc. Those people are indeed pretending to practice witchcraft.
Involved with my community? I am. It’s online.:)
Did anyone catch the other point? That lawyer is an idiot! I don’t care if they made me levitate, and was rich, I not giving anyone a 100 grand! They should revoke his license based stupidity!
And in so far a american lawsuits, it still falls under “freedom of religion” which DO cover personal beliefs like witchcraft. Think how else do people get away with, say, sacrificing a goat? Freedom of Religion, americans’ constitutional rights, most D.A.s tread very lightly here with what would otherwise be considered “kosher butchering”. Selling wares or services in The US is just as touchy to prosecute. The client goes in knowing you are following your beliefs. And if any of your spells or rituals have been published, all you have to do is plop that book or article down and your defense is as good as gold.
Further, the case is not substantially based on the use of witchcraft, but is used merely to play on the court’s ethical and moral principles. The case is based on a grey area of your laws it seems. I did a little digging and the real case’s grounds is where it should be, on a pyramid scheme and extortion. So don’t put too much thought into it. You’re fine.
And as long as you only respond from a first person perspective to questions when asked for advice from a CUSTOMER, rather than in third, you’re still safe. Such as saying, ‘I’d use this,’ or, ‘this has worked for me,’ instead of, ‘I think you should buy this.’
This last bit comes down to one’s word against another, but a security camera and saved emails will keep this to a minimum. And this again only applies to the ‘pushing’ of crafted wares in which you are personally enfranchised (owner, crafter, or employee), thus it does not apply to the advice regarding herbs or candles, as these can mostly be purchased at the local Wal-mart. This blog is also safe as you are not technically soliciting, despite stating you will sell wares.
I’m not too clear on the canadian legalities though, but I do expect something similar is in place. I hope this helped ease some of your tensions.
Wow, I did not know this, despite living in Canada. This is really making me reconsider getting some kind of clergy-ship, even though I’m not a “Wiccan”.