Avanthika Anand explores the pagan world of witchcraft, and how a law change will help combat years of stigma
As a practitioner of Wicca and a witch herself, Heather Logan says magic has multiple definitions that vary from pagan to pagan. Logan is also the coordinator of the Pagans of Carleton at Carleton University.
“Magic, at the very basic level is all about intention. Doing magic means to shape reality for a particular outcome with spiritual intent,” said Logan. “In my culture (Wicca), magic can be the specific energy that you invoke in a ritual. It changes based on what you’re trying to do.”
Logan added that there is “no physical image of magic.”
“In order for magic to work, you have to believe. Magic is everywhere, in everything,” she said.
Although there is a social benefit in legally safekeeping people from magic-based fraud, according to some members of the Pagan community, the line between legitimate practice of magic as a part of a religion and illegitimate fraudulent practices is thin.
The risk of this makes many witches nervous about their practice and causes them to be private about their religion, said Logan.
The law, as stated in Section 365 of the Criminal Code of Canada, holds those fraudulently exercising “any kind of witchcraft, sorcery, enchantment or conjuration,” pretending to “tell fortunes,” or discover where or how lost or stolen things can be found by “skill or knowledge of occult” is punishable by the law.
But, with the introduction of Bill C-51 in June 2017, Prime Minister Justin Trudeau’s government is seeking to abolish what is commonly known as the ‘witchcraft law’ in Canada. The bill was designed to repeal old and outdated laws which are no longer relevant, and was finalized and established on Dec. 13, 2018.
Peter Van Loan, a Conservative MP, opposed the bill, saying in an article in the Toronto Star that the prevalence of magic-based fraud schemes makes this law necessary.
Wicca Worldwide
Canadian “witchcraft law” finds its roots during the medieval times in England, according to Morgana Sythove, international coordinator for the Pagan Federation, an international pagan organization.
During the medieval times, the execution and hunt of witches was a common practice, Sythove said.
“These were the same laws that they used to burn witches at the stake,” she said.
Medieval law in the U.K. evolved to become the Fraudulent Mediums Act of 1951, but was repealed in 2008. However, section 365 of the Criminal Code has been in place in Canada up until a month ago.
In Ottawa in particular, the fight for this law to be repealed has been a personal one. This city is home to a large community of pagans, consisting of several covens of witches, three groves of druids, and a large number of heathens.
According to Dale Dalessio, Wiccan high priestess of the Firestone Coven, “witchery has always been in Ottawa.”
“You can tell witches have been here for a long time–we even have a ‘Hemlock Road’ in Ottawa.” – Dale Dalessio, Wiccan high priestess of the Firestone Coven
Dalessio said when she first moved to Ottawa 30 years ago, the pagan community in Ottawa came together regularly, holding Ottawa Pagan Meet and Greets at the Glebe Community Centre. Dalessio now runs the event, a networking opportunity for pagan and pagan-curious residents of Ottawa.
Dalessio said the repeal of s. 365 is important and that “anything that takes the stigma away from religion is a good thing.”
“The fact that they put it in the forefront and a lot of pagans came forward and said ‘Atta boy’ gave it a good spin,” she said.
Despite the size and activity levels of the community, Dalessio says she believes the general population of Ottawa lacks an understanding of pagans, and the different branches of paganism and magic. Without such an understanding, the ‘witchcraft law’ could potentially be misused in court, she said.
“Herbalism, aura reading, tarot reading and other forms of divination are not a part of the Wiccan religion,” Dalessio said. “They are just skill sets. For instance, not all witches are tarot readers and not all tarot readers are witches. Some of them can even be Christians with an interest in divination.
Magic-based Fraud
In cases of magic-based fraud, it can be historically noted that it is often practitioners of skills of divination that are accused of and convicted with criminal charges.
Pagans are put under more intense levels of scrutiny than practitioners of other religions due to Section 365, according to Jordan Palmer, a personal injury lawyer. Palmer co-authored “Modern Law, Modern Hammers: Canada’s Witchcraft Provision as an Image of Persecution,” a paper on Canada’s laws surrounding witchcraft.
In 2009, Vishwantee Persaud, was charged under section 365 for “pretending to practice witchcraft.” The case alleged she has impersonated a witch to gain the trust of a Toronto lawyer, and subsequently defrauded him out of $27,000. The charge of witchcraft was later dropped, when Persaud plead guilty to other fraud charges.
Palmer wrote in his paper that the charge of witchcraft is “deeply patriarchal . . . and [its] continued use as a method of social control for minority groups and women.”
“The issue arises–what does fraudulent mean?And what does ‘intent to deceive’ mean? Is fraud legitimate when the person in question believes that what they’re doing is honest? Or is it up to the judge to decide if what the person is doing is honest?” – Jordan Palmer, lawyer and co-author of “Modern Law, Modern Hammers: Canada’s Witchcraft Provision as an Image of Persecution.”
“The law enforces a double standard because there’s no similar provisions for any other religious beliefs,” says Palmer. “Pagans have to be careful what they say and how they act around money… even though it is common practice in other religions to ask for money to maintain the upkeep of their property, etcetera.”
Lana Maxwell, owner of The Bountiful Pagan, a pagan clothing store, also talks about religious freedom and equality in relation to the “witchcraft law.”
“Pagan businesses can be targeted and vandalized but the crimes are never viewed as hate crimes. However, if it was a Jewish or Muslim business, then it would be taken more seriously.” – Lana Maxwell, owner of The Bountiful Pagan
In October 2018, two Ontario-based women were charged with fraudulent practice of witchcraft and then convicted for the same, in unrelated cases.
Dorie Stevenson and Samantha Stevenson were arrested within a week of each other, following accusations that both women had charged huge sums of money claiming magic-based assistance fraudulently.
Given that Bill C-51 has now received Royal Assent, these cases were the last ones in which the law was enforced.
“While it is phrased as an update to the Criminal Code, its impacts will be far more transformative than that. It’s important to take it out,” Palmer added.
According to Palmer, the ground reality might not change too much in Ottawa because of “how and celebrated they (pagans) are in a city as diverse as Ottawa.”
However, he said that the repeal could now mean “they (pagans) can practice their religion without fear of persecution” and “will help remove any criminal stigma and charges or investigation from this community.”
