Toronto Woman Jailed For Being A Witch

All Headline News ^ | December 10, 2009 | Hansen Sinclair

[Clive]

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[Clive]

Note that The Criminal Code provision does not catch genuine Wiccans.

[Lonesome in Massachussets]

In Massachusetts, we know how to handle witches.

So, are you saying that sincere and authentic practice of witchcraft is legal in Canada? How can you tell the difference?

[Clive]

Massachussets wrote:

"So, are you saying that sincere and authentic practice of witchcraft is legal in Canada? How can you tell the difference?"

Even a sincere and mistaken practice is protected. As to how to tell the difference, that is a problem for the Crown, not the defence. The Crown must prove the actus reus and the mens rea of any alleged Criminal Code offence beyond reasonable doubt.

I suspect that this provision, when used at all, is most likely to be used as a holding charge to stop someone who is indulging in some real mischief while the police and the Crown work up the real charges.