Legal Status
By Richard James
(This article has been updated in April of 2016, as a result of information provided by a reader who has not given permission to identify him.)
In Canada, the legal status of Wicca and Paganism is varied. Let me start with some comments on that status at a federal level. There are a few ways in which the Government of Canada can “recognize” or “give status to” a religious denomination.
Correctional Services of Canada has recognized and thereby given status to Pagans within federal correctional facilities. This is established policy. A priest of the WCC is employed to serve as a Wiccan chaplain in the Ontario region of CSC. There have been ongoing difficulties with Pagans having access to the materials appropriate to worship.
According to our recent informant Pagans and Wiccans reserve equal rights to their holidays in the military, just as members of every other religion does. Refer to: http://publications.gc.ca/site/eng/385123/publication.html However, in a theatre of war any worship may have to yield to military necessity. Our informant also writes, “Further to this, Wiccans and Pagans reserve the right to have their religion appear on their identification discs (dog tags).”
The Canada Revenue Agency, has jurisdiction over what organizations may become charities. A charity is an organization that may receive money, and issue a tax-deductible receipt. There are no Pagan organizations in Canada that are also charities.
In Canada, there are many functions of government that fall under the jurisdiction of the provinces. Each province has a different Act regarding marriage. In each case, the province specifies which denominations may solemnize marriage, or which denominations may appoint a person who may solemnize marriage. In Ontario, there are no Pagan organizations allowed to do this, but there is a good number of Pagan clergy who can do so through a for-profit organization called All Seasons Weddings. In BC, the CWA (Congregationalist Wiccan Association) has appointed a number of people who can legalize marriages. The Aquarian Tabernacle Church may also offer this service
I wish to emphasize that the rules in your province or territory may differ, a lot.
Provinces also have Ministries of Corrections, which house anyone who has been arrested but not yet sentenced, and anyone who has been sentenced for a period of under two years. The Ministry of Corrections in each province may or may not recognize and assist Pagan worship in provincial prisons. Our experience in Ontario is that the turnover of Pagans in these institutions is so high that it is very difficult to establish a working relationship with an inmate.
Each province also has its own Ministry of Health. In most cases, the ability of a Pagan clergy person to visit a particular health facility is left to the chaplain or administration of that hospital or other institution. There have not been enough cases to establish a trend.
Rights with regard to death are not at all well established in Canada. The reason for this is that a majority of Pagans in Canada did not have Pagan grandparents, and so there is little established tradition. When a person dies in Canada, it is best if that person has a will, and the executor must follow the terms of the will as well as possible. Without a will, the estate (which includes the body of the deceased) is taken care of by the next of kin. In many cases among Pagans, the next of kin are not also Pagans, and so the Pagan religious community has no say in the matter.
If you are a lawyer, and you have found an error in this article, please send a note to us at [email protected] to inform me of my mistake.
If you are anyone at all who has had experience with your provincial or federal government that could make this article more complete, please write to us at [email protected].
(This article has been updated in April of 2016, as a result of information provided by a reader who has not given permission to identify him.)
In Canada, the legal status of Wicca and Paganism is varied. Let me start with some comments on that status at a federal level. There are a few ways in which the Government of Canada can “recognize” or “give status to” a religious denomination.
Correctional Services of Canada has recognized and thereby given status to Pagans within federal correctional facilities. This is established policy. A priest of the WCC is employed to serve as a Wiccan chaplain in the Ontario region of CSC. There have been ongoing difficulties with Pagans having access to the materials appropriate to worship.
According to our recent informant Pagans and Wiccans reserve equal rights to their holidays in the military, just as members of every other religion does. Refer to: http://publications.gc.ca/site/eng/385123/publication.html However, in a theatre of war any worship may have to yield to military necessity. Our informant also writes, “Further to this, Wiccans and Pagans reserve the right to have their religion appear on their identification discs (dog tags).”
The Canada Revenue Agency, has jurisdiction over what organizations may become charities. A charity is an organization that may receive money, and issue a tax-deductible receipt. There are no Pagan organizations in Canada that are also charities.
In Canada, there are many functions of government that fall under the jurisdiction of the provinces. Each province has a different Act regarding marriage. In each case, the province specifies which denominations may solemnize marriage, or which denominations may appoint a person who may solemnize marriage. In Ontario, there are no Pagan organizations allowed to do this, but there is a good number of Pagan clergy who can do so through a for-profit organization called All Seasons Weddings. In BC, the CWA (Congregationalist Wiccan Association) has appointed a number of people who can legalize marriages. The Aquarian Tabernacle Church may also offer this service
I wish to emphasize that the rules in your province or territory may differ, a lot.
Provinces also have Ministries of Corrections, which house anyone who has been arrested but not yet sentenced, and anyone who has been sentenced for a period of under two years. The Ministry of Corrections in each province may or may not recognize and assist Pagan worship in provincial prisons. Our experience in Ontario is that the turnover of Pagans in these institutions is so high that it is very difficult to establish a working relationship with an inmate.
Each province also has its own Ministry of Health. In most cases, the ability of a Pagan clergy person to visit a particular health facility is left to the chaplain or administration of that hospital or other institution. There have not been enough cases to establish a trend.
Rights with regard to death are not at all well established in Canada. The reason for this is that a majority of Pagans in Canada did not have Pagan grandparents, and so there is little established tradition. When a person dies in Canada, it is best if that person has a will, and the executor must follow the terms of the will as well as possible. Without a will, the estate (which includes the body of the deceased) is taken care of by the next of kin. In many cases among Pagans, the next of kin are not also Pagans, and so the Pagan religious community has no say in the matter.
If you are a lawyer, and you have found an error in this article, please send a note to us at [email protected] to inform me of my mistake.
If you are anyone at all who has had experience with your provincial or federal government that could make this article more complete, please write to us at [email protected].