Charge of Witchcraft due to Tarot reading

[Orenda]

Mid-November, a woman was arrested in Toronto, Canada, and one of the charges against this woman was for 'witchcraft' based upon a tarot reading in which she supposedly claimed a mediumistic connection to the querent's sister (passed of course!) Apparently this woman has a history of fraud, but it does bring up the consequences for professional tarot reading in Canada.

The article can be found here:
http://www.lawtimesnews.com/200911305906/Headline-News/Accused-witch-arrested

Some interesting references related to this issue include the Criminal Code of Canada, sections 361 and 365:

Section 365 of the Canadian Criminal Code, R.S. 1985,c.C-46 is one of a group of five offenses which deal with false pretenses. It states:
"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."

Section 361 defines a false pretence:
(1) "A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it."
(2) "Exaggerated commendation or depreciation of the quality of anything is not a false pretence unless it is carried to such an extent that it amounts to a fraudulent misrepresentation of fact."

And also the Code of Ethics concept as seen in the Canadian Tarot Network, which can be read here:
http://tarotcanada.com/ctnethics.html
seems lacking as nothing is stated in disclaimer that readings are for 'entertainment purposes only.'


What are your thoughts on professional tarot reading? *curious*

 

[KafkasGhost]

omg I can't believe there is a code provision dealing with occult practices as it relates to false pretenses; that just blows my mind! Now I'm curious as to what my jurisdiction has to say on the matter.

I do not consider myself a professional (my definition including one who charges for readings).

I had just given a reading to a fellow attorney colleague and she wanted very specific confirmations as to what I saw. I mentioned that while there is no "bar" for tarot readers, I still feel an obligation to represent the practice and to not give INaccurate information (plus the reading had brought up some potentially private matters and I was reluctant to delve into them much more; with this I still struggle) so I kept it conveniently vague and said that she would know what I was talking about if she sat with the information and dug a little deeper in her own psyche.

More and more I'm seeing links b/t the practice of law and reading tarot. Verrry interesting...

As far as professional tarot reading, there are tarot reading associations and certifications one can obtain to bolster credibility. In whose eyes I'm not sure because I know there would be many readers who argue that such things are unnecessary, as well as those who would argue that it only helps elevate the artform.

It would behoove a professional reader to uphold him or herself with integrity and be mindful of an unspoken (or in your face) code of conduct. But, as with all professions across all industries, there will be charlatans and there will be those who are honest.

This is just my rambling, not sure if it's offering any insight...

 

[Alta]

That is interesting about anything stolen or lost. That one does not even say 'for a consideration' so it could even be a not-for-fee reading. wow, honestly I am amazed and had no idea. There are some readers here in Ottawa but it is quite uncommon.

 

[Grizabella]

omg I can't believe there is a code provision dealing with occult practices as it relates to false pretenses; that just blows my mind! Now I'm curious as to what my jurisdiction has to say on the matter.

Well, basically it's fraud and fraud is illegal everywhere that I'm aware of, no matter how it manifests itself. If a washing machine salesman sells you a washing machine that he says will also change the oil in your car, which of course it won't, then he's selling you something under false pretenses and that's fraud. So false pretenses=fraud, right? If you have a lawyer colleague then that leads me to believe you must be well versed in law so you would know I'm right, I think.

As far as professional tarot reading, there are tarot reading associations and certifications one can obtain to bolster credibility. In whose eyes I'm not sure because I know there would be many readers who argue that such things are unnecessary, as well as those who would argue that it only helps elevate the artform.

Part of the reason that I, for one, have argued against it being necessary is that the certifications mean nothing. They're not given by accredited institutions no matter what they claim and therefore, they're not worth the paper they're printed on. No court of law would do anything but laugh them out of court. They don't bolster credibility in the eyes of the law.

 

[Orenda]

In addition, the credibility *within* those so-called institutions have been in question too. At one time, there was a revolt in the American organization as they felt that the chief was representing himself fraudently, and that funds were being distributed in a fraudelent manner.

Regardless, you cannot establish an organization to make an illegal act suddenly legal. Only a change in the criminal code, or in the successful (precedent setting) defenses will apply a change to the probabilities.

To read about the past issues of the ATA, check this link:
http://web.archive.org/web/20021003141109/http://www.geocities.com/metatarot/ata.html

 

[Grizabella]

Absolutely, Orenda! The criminal code does need to be changed. But don't you agree that having a lot of organizations taking money to hand out meaningless certificates damages the chances of that code ever being changed? It's just one more wedge in the door keeping Tarot readers from ever being recognized as legitimate and seen as honest and upright citizens providing a service, not a scam.

I haven't read the link yet, but I will.

Coming back to add that one of the people I consider to be my well-respected friend is associated with one of the organizations and I know her to be perfectly upstanding and honest, so even though she's associated with them, I never mean to seem to cast aspersions on her personally by my opinion on the "accreditation" of Tarot readers and I think (hope) she knows that.

Now off to read the link.

 

[Orenda]

I've watched the same debate for years in the Yoga Practitioners community, where the issue was liaisons between teachers/mentors and students, and then the hoopla with Rodney Yee and a student after he was affiliated with an organization. Since these organizations have no punitive power or means of even monitoring for offenses, what is the point? I believe it is a money-making venture only.

My two cents on these types of 'certifying' organizations

 

[Grizabella]

I've watched the same debate for years in the Yoga Practitioners community, where the issue was liaisons between teachers/mentors and students, and then the hoopla with Rodney Yee and a student after he was affiliated with an organization. Since these organizations have no punitive power or means of even monitoring for offenses, what is the point? I believe it is a money-making venture only.

My two cents on these types of 'certifying' organizations

Applause from this corner.

(But I wish everyone to see my disclaimer about my friend, who I believe is working for a good cause in trying to make Tarot more legitimate and accepted. I don't remember totally, but I think she said that the organization she's involved with doesn't offer certification)

 

[re-pete-a]

Wonder if Canada has remote viewers on their Govt payrolls
Or friendly helpers to solve police problems.

 

[Komodo_Queen]

Sure fraud is illegal, but this seems to open up a whole other can of worms. Notice, for example the law says anyone who fradulently, "(a) pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration...." First of all, how can one prove that a person is merely pretending to use witchcraft and doesn't take it seriously? Also, the part "(a)" doesn't require that one is getting payment for this, so if I cast a spell for a friend, for example, in Canada, could I face legal repercussions? And how would you prove I faked it? Because it didn't work? If someone prays for a friend, and the prayer is answered with a no, that person isn't in legal trouble. To me, although there SHOULD be laws protecting people from fraud, this law needs to be re-written, since, as it stands, it could be used to discriminate against peaceful religions.