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General Category => Off the Record => Topic started by: viper37 on April 17, 2014, 01:04:25 PM

Title: Canadian criminal code, article 365
Post by: viper37 on April 17, 2014, 01:04:25 PM
I wonder if even BB knew of that one?  :D

A man in Quebec city has been arrested for witchcraft practice :D

Basic case of guy promising to solve all your problems by magic in exchange of money.  One of his client contacted the police after paying 5000$ and not receiving the promised benefits.

Maybe they should have arrested her too...

Original text in French (http://www.lapresse.ca/le-soleil/actualites/justice-et-faits-divers/201404/17/01-4758601-un-homme-de-quebec-arrete-pour-sorcellerie-et-fraude.php?utm_categorieinterne=trafficdrivers&utm_contenuinterne=cyberpresse_en-vedette_91290_section_ECRAN1POS1)

I never thought it would happen here.  In 3rd world countries where politicians and heavy metal singers admits to having practiced withcraft, like the US, sure, but here, in a beacon of civilization?  Never thought I'd see the day :(
Title: Re: Canadian criminal code, article 365
Post by: Malthus on April 17, 2014, 01:07:00 PM
Quote from: viper37 on April 17, 2014, 01:04:25 PM
I wonder if even BB knew of that one?  :D

A man in Quebec city has been arrested for witchcraft practice :D

Basic case of guy promising to solve all your problems by magic in exchange of money.  One of his client contacted the police after paying 5000$ and not receiving the promised benefits.

Maybe they should have arrested her too...

Original text in French (http://www.lapresse.ca/le-soleil/actualites/justice-et-faits-divers/201404/17/01-4758601-un-homme-de-quebec-arrete-pour-sorcellerie-et-fraude.php?utm_categorieinterne=trafficdrivers&utm_contenuinterne=cyberpresse_en-vedette_91290_section_ECRAN1POS1)

I never thought it would happen here.  In 3rd world countries where politicians and heavy metal singers admits to having practiced withcraft, like the US, sure, but here, in a beacon of civilization?  Never thought I'd see the day :(

Yeah, I knew of it. It's an anti-fraud measure - practitioners of Wicca have nothing to fear from the Canadian witchfinder general, otherwise known as BB.  :P
Title: Re: Canadian criminal code, article 365
Post by: Barrister on April 17, 2014, 01:07:52 PM
:rolleyes:

Of course I know it.

Never seen a prosecution under it though.  The problem is that the way the charge reads is that it is against the law to "fraudulently " practice witchcraft.

All an accused needs to do is raise a reasonable doubt that he was acting fraudulently i.e. that he believed what he was doing was genuine.
Title: Re: Canadian criminal code, article 365
Post by: Malthus on April 17, 2014, 01:10:04 PM
Quote from: Barrister on April 17, 2014, 01:07:52 PM
:rolleyes:

Of course I know it.

Never seen a prosecution under it though.  The problem is that the way the charge reads is that it is against the law to "fraudulently " practice witchcraft.

All an accused needs to do is raise a reasonable doubt that he was acting fraudulently i.e. that he believed what he was doing was genuine.

Interesting you see this as a "problem".  :lol:
Title: Re: Canadian criminal code, article 365
Post by: derspiess on April 17, 2014, 01:14:39 PM
Why wouldn't he?  It would have to be frustrating to know a wrong occurred and having it be difficult to prosecute.
Title: Re: Canadian criminal code, article 365
Post by: Malthus on April 17, 2014, 01:30:28 PM
Quote from: derspiess on April 17, 2014, 01:14:39 PM
Why wouldn't he?  It would have to be frustrating to know a wrong occurred and having it be difficult to prosecute.

The measure was intended to prosecute people who commit fraud by pretending to have supernatural powers to take cash from the credulous.

Now, I believe such supernatural powers don't exist, so everyone who takes cash by pretending to have supernatural powers is in a sense committing fraud ... but as most organized religions are based on taking money in the belief that supernatural powers exist, it makes sense (to all but the Viking types among us) to confine the crime aspect to those who do so with provably fraudulent intent.  :lol:
Title: Re: Canadian criminal code, article 365
Post by: KRonn on April 17, 2014, 02:07:35 PM
Basic case of guy promising to solve all your problems by magic in exchange of money.  One of his client contacted the police after paying 5000$ and not receiving the promised benefits. 

Sounds like any politician running for office. What's the big deal.    :lol:
Title: Re: Canadian criminal code, article 365
Post by: dps on April 17, 2014, 07:11:40 PM
Quote from: derspiess on April 17, 2014, 01:14:39 PM
Why wouldn't he?  It would have to be frustrating to know a wrong occurred and having it be difficult to prosecute.

Doesn't that sum up BB's whole life and career, though?
Title: Re: Canadian criminal code, article 365
Post by: viper37 on April 18, 2014, 09:24:53 AM
Quote from: Malthus on April 17, 2014, 01:30:28 PM
Now, I believe such supernatural powers don't exist, so everyone who takes cash by pretending to have supernatural powers is in a sense committing fraud ... but as most organized religions are based on taking money in the belief that supernatural powers exist, it makes sense (to all but the Viking types among us) to confine the crime aspect to those who do so with provably fraudulent intent.  :lol:

Organize religions tend to remain vague on the promises, like "help yourself and God will help you", so they always have a way out.  You can't exist for millenias without being a little bit smarter than the average lawyer :P
Title: Re: Canadian criminal code, article 365
Post by: Sheilbh on April 18, 2014, 09:44:33 AM
Quote from: Barrister on April 17, 2014, 01:07:52 PM
Never seen a prosecution under it though.  The problem is that the way the charge reads is that it is against the law to "fraudulently " practice witchcraft.
Indeed. Need to get rid of that 'fraudulently' bit I think :)
Title: Re: Canadian criminal code, article 365
Post by: The Brain on April 18, 2014, 12:16:24 PM
 :lol: So, if you're innocent you're a fraud and get prosecuted? I guess the 17th century is still on.