Is It a Crime to Be a Fortune Teller in Canada?
Discover when fortune telling becomes a criminal offence in Canada, what the law says under section 365 of the Criminal Code, and the penalties for fraudulent psychic practices.
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Reviewed by Jonathan Pyzer, a criminal defence lawyer with over 23 years of experience and lead counsel at Pyzer Criminal Lawyers.
Until December 2018, the Criminal Code had a specific offence for fraudulent fortune telling. That law is gone now, but the conduct it targeted can still lead to criminal charges.
This is one of those questions people ask half-jokingly, expecting the answer to be no. The real answer is more interesting than that.
For over a century, Canada had a law that made it a criminal offence to tell fortunes for money if you were doing it fraudulently. That law was repealed in 2018. Fortune telling itself is now perfectly legal. But if the way someone practices it crosses into fraud territory, the Criminal Code still applies, and the consequences are far more serious than they were under the old law.
The Old Law That Made Fortune Telling a Crime
Section 365 of the Criminal Code of Canada was an odd one. It sat alongside provisions against pretending to practise “witchcraft, sorcery, enchantment or conjuration.” The section made it a summary conviction offence to “fraudulently undertake, for a consideration, to tell fortunes.”
The word “fraudulently” did a lot of work in that section. The Crown had to prove beyond a reasonable doubt that the accused was telling fortunes for payment and doing so with intent to deceive. Legitimate spiritual practitioners or entertainers were not the target. The law was aimed at people running scams.
The maximum penalty was a $5,000 fine, six months in jail, or both. There was no minimum sentence.
In practice, Section 365 was rarely prosecuted. It was one of those Criminal Code provisions that had been around so long most people forgot it existed.
The 2018 Repeal
On December 13, 2018, Bill C-51 received Royal Assent. The bill was a cleanup effort targeting outdated, redundant, and unconstitutional provisions in the Criminal Code, sometimes referred to as “zombie laws.” Section 365 was among them. [2]
The specific offence of fraudulent fortune telling no longer exists in Canadian law. The government’s position was that the provision was archaic and that the conduct it addressed was already covered by other sections of the Code.
What Replaced It
Nothing replaced it directly. Fortune telling as an activity is legal in Canada. No specific law governs it.
What did not change is that fraud is still a criminal offence. The general fraud provisions under Section 380 of the Criminal Code cover any situation where someone uses deceit or falsehood to deprive another person of money, property, or services. [3]
That includes fortune telling contexts. If a practitioner knowingly lies to a client to extract money, the fact that it happened during a tarot reading or psychic session does not make it less of a fraud. The charge just comes under Section 380 instead of the old Section 365.
The penalties are significantly steeper too. Under the old fortune telling law, the maximum was six months and a $5,000 fine. Under Section 380, fraud involving amounts over $5,000 carries a maximum sentence of up to 14 years imprisonment.
Where the Line Is Now
The distinction comes down to whether there is deceit causing someone to lose money. A psychic offering readings and being upfront that the service is for guidance or entertainment purposes is operating legally. Someone who tells a client they are cursed and demands thousands of dollars to remove it is in fraud territory.
Context matters in these cases. The Crown has to prove dishonest intent and actual deprivation. Not every dissatisfied client has a fraud case, and not every unusual claim amounts to criminal deceit. The specifics of what was said, what was promised, and what money changed hands all factor into whether charges are warranted and whether they can be proven.
If You Are Facing Fraud Charges
Being charged with fraud in connection with fortune telling, psychic services, or any similar practice is serious. A conviction carries a criminal record and the possibility of significant jail time. These cases turn on questions of intent and credibility, and the way evidence is presented early on can shape the entire outcome.
If you are dealing with a fraud charge, getting proper legal representation as early as possible gives you the strongest position to respond. Contact Pyzer Criminal Lawyers for a free consultation.
This article provides general legal information only and should not be construed as legal advice. Laws and their interpretation may change, and the application of law to specific circumstances requires professional legal assessment. If you have questions about a legal matter, please contact us for a free consultation.
Jonathan Pyzer
Jonathan Pyzer, B.A., L.L.B., is an experienced criminal defence lawyer and distinguished alumnus of McGill University and the University of Western Ontario. As the founder of Pyzer Criminal Lawyers, he brings over two decades of experience to his practice, having successfully represented hundreds of clients facing criminal charges throughout Toronto.
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