INTRODUCTION AND BRIEF DESCRIPTION
Section 365 of the Criminal Code of Canada makes it illegal to engage in fraudulent activities related to witchcraft, fortune-telling, or making claims about the ability to locate lost or stolen items using occult or crafty sciences.
SECTION WORDING
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.
EXPLANATION
Section 365 of the Criminal Code of Canada is a provision that criminalizes certain deceptive practices involving the use of occult or supernatural powers. The provision identifies three specific activities that are considered fraudulent and are subject to criminal sanction. The first activity involves the use of witchcraft, sorcery, enchantment or conjuration. This provision prohibits anyone from pretending to exercise or use any such powers for the purpose of deceiving others. It is important to note that the provision does not prevent individuals from practicing their religion or engaging in cultural practices involving supernatural beliefs. Rather, it is aimed at preventing individuals from using such beliefs to commit fraud. The second activity that is prohibited under this provision is fortune-telling for a consideration. This includes any form of divination or prediction of the future, such as tarot card readings or palmistry, that is done for payment. The provision is intended to prevent individuals from taking advantage of vulnerable or gullible people who may be seeking guidance or answers from supernatural sources. The third activity prohibited under this provision is pretending to use knowledge of an occult or crafty science to find lost or stolen items. This provision is aimed at preventing individuals from fraudulently offering their services to recover lost or stolen property using supernatural abilities. Overall, section 365 of the Criminal Code of Canada reflects the government's efforts to prevent fraud and protect vulnerable individuals from being deceived by those who claim to have supernatural powers or knowledge. Anyone who engages in these activities is guilty of an offence and is subject to summary conviction.
COMMENTARY
Section 365 of the Criminal Code of Canada is a fascinating and unique section within the Code. It outlines the criminal charges that can be laid against anyone who fraudulently pretends to exercise or use any form of witchcraft, sorcery, enchantment, or conjuration. This section also criminalizes those who undertake, for a consideration, to tell fortunes, and those who pretend to have skill or knowledge in an occult or crafty science to discover the location of a stolen or lost item. The inclusion of this section in the Criminal Code of Canada speaks to the historical and cultural significance of witchcraft and other forms of magic or divination. Although widely discredited by modern society, these practices have long been a part of human history and continue to persist in some cultures and communities. The fact that this section remains in the Code indicates a certain level of respect for these beliefs, while also acknowledging that fraudulent activities occurring under the guise of witchcraft or the occult must be regulated. The charging of individuals under this section is relatively rare in modern times, with most cases dating back to the early 20th century. This is likely due in part to the difficulty in proving fraudulent activity in such cases, as well as the growing secularization of society. However, the mere inclusion of this section in the Code is significant in ensuring that fraudulent activities cannot be perpetrated under the guise of mystical or supernatural powers without consequences. Section 365(a) specifically refers to the fraudulent pretense of exercising or using any kind of witchcraft, sorcery, enchantment, or conjuration. This is not to say that the practice of these methods is illegal, but rather that those who pretend to have such powers in order to scam or defraud others can be subject to criminal charges. This section is important in regulating and preventing fraudulent activity, while also recognizing the significance of these beliefs and practices in certain cultures. Section 365(b) refers to the act of telling fortunes for a consideration. Like section 365(a), this section is not criminalizing the act of fortune-telling itself, but rather the fraudulent undertaking of such an act for personal gain. This includes activities such as cold reading or other techniques used to exploit the vulnerable or gullible for financial gain. Section 365(c) pertains to those who pretend to have knowledge or skill in an occult or crafty science in order to discover the location of a stolen or lost item. This section recognizes that such claims can be used for fraudulent purposes, and criminalizes them accordingly. In conclusion, section 365 of the Criminal Code of Canada is a significant and unique section that recognizes the historical and cultural significance of beliefs related to witchcraft, sorcery, and the occult. While it may be rare for charges to be laid under this section in modern times, the inclusion of this section in the Code demonstrates a necessary regulation of fraudulent activities under the guise of mystical or supernatural powers.
STRATEGY
Section 365 of the Criminal Code of Canada prohibits fraudulent activities related to supernatural or occult practices, such as witchcraft, sorcery, and fortune-telling. The section highlights the importance of preventing activities that might deceive or exploit vulnerable individuals and undermine public trust. As such, there are several strategic considerations for law enforcement agencies, prosecutors, and defense attorneys when dealing with this section of the Criminal Code. One of the primary considerations is the interpretation of the term "fraudulently." This term implies that the actions of the accused were intended to deceive or defraud the victim. As a result, it is essential to establish the accused's intention and the extent of their involvement in fraudulent activities. This can be challenging since cases involving activities that are often associated with faith and beliefs can be challenging to prove in court. Additionally, enforcement agencies must be careful not to infringe on individuals' religious practices and beliefs that are legitimate and do not harm others. For this reason, it is essential to establish the extent to which the activity in question is being used to defraud individuals. Factors such as evidence of fraudulent activity, victim statements, and repeated incidents can be used to determine the accused's notoriety and the extent of their involvement. Moreover, defendants in cases related to Section 365 have the right to defend their actions based on their beliefs and practices. Therefore, defense attorneys may argue that the accused did not intend to deceive or defraud their clients but was instead honestly practicing their faith or belief. This poses a challenge for prosecutors, who must prove beyond reasonable doubt that the accused's intentions were fraudulent and not merely misinformed or misguided. To deal with these strategic considerations, prosecutors may employ various strategies, including gathering sufficient evidence to prove fraud beyond a reasonable doubt. They may also obtain expert testimony from individuals with knowledge of these practices and their use in defrauding victims. Additionally, prosecutors can leverage prior convictions and evidence of patterns of fraudulent behavior to strengthen their case. On the defense side, defense attorneys may use expert testimony to argue that their clients were unaware of the fraudulent activities or that their clients were legitimately practicing their faith or belief. They may also argue that the practice is not fraudulent, and the victim's losses were not a result of their client's actions. In conclusion, Section 365 of the Criminal Code of Canada highlights the importance of preventing activities that might deceive or exploit vulnerable individuals and undermine public trust. To effectively deal with this section's strategic considerations, prosecutors, defense attorneys, and enforcement agencies must carefully evaluate all aspects of the case and employ appropriate strategies. By doing so, they can achieve fair and just outcomes that protect both the public and legitimate religious practices.