When Witchcraft Was a Crime: A Look Back at Section 365
July 11, 2025
Until 2018, the Canadian Criminal Code still included a law that made it a crime to pretend to practice witchcraft. Section 365 wasn’t concerned with whether someone believed in spells or spirits; the issue was whether someone claimed to use them for dishonest gain.
The law read: “Every one who fraudulently pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration…”
Section 365 originated from older British legislation, originally intended to prevent people from deceiving others by pretending to have magical powers. But the modern-day implications were murky. Could someone be charged simply for offering tarot readings or spiritual services others didn’t understand? In practice, the law gave courts the power to decide what constituted a “real” belief and who was merely putting on a show.
The Last Canadian Witch Trial
In October 2018, just weeks before Section 365 was repealed, a 32‑year‑old known as the “Milton Psychic” was charged with extortion, fraud over $5,000, and “witchcraft/fortune telling” under the century‑old law.
At nearly the same time, in nearby Timmins, a woman known as the “White Witch of the North” also faced charges of pretending to practice witchcraft, allegedly offering protection from a curse for payment.
While some defendants later faced fraud charges or restitution rather than criminal convictions, these cases demonstrate that Section 365 wasn’t entirely dormant; it was an available, albeit rare, tool for prosecutors targeting spiritual service providers.
These final charges, laid just before the law was struck from the books, serve as a reminder that even long-forgotten laws can resurface, and often in ways that reveal whose beliefs are still treated with suspicion.