Preheat oven to 350 degrees. Grease and flour each of the layer pans, set aside.
Sift or whisk together the dry ingredients - flour, cocoa, salt and baking soda in a medium sized bowl.
In an electric mixer on medium speed, add the ingredients in the following order: oil, sugar, and then the eggs (one at a time).
Switch your mixer to a low speed and SLOWLY add in the food coloring (it may splash), vanilla, and vinegar. Make sure they are fully mixed together.
Add in the the flour mixture (from step 2) alternately with buttermilk in a few batches. Be sure to scrape down the bowl and beat to combine all the ingredients. Do not over mix.
Divide batter among pans and place them in the oven. Bake for 30 - 35 minutes or until a cake tester comes out clean. Let cool in pans 15-20 minutes. Then remove from pans and flip layers. Note: If your cake layers have what resembles a muffin top, go ahead and use a knife to slowly cut off the tops to make your cake layers flat. This will make layering and frosting much easier and you have a tasty treat to much on while frosting. Cool completely before frosting.
Start making frosting. Place cream cheese and butter in a medium bowl. With a handheld electric mixer, beat until light and fluffy, about 2 minutes.
Add sugar and peppermint extract. Beat, on low speed to combine.
Lastly, take the candy canes and place them in a ziplock baggie. Crush them with a kitchen utensil and then slowly sprinkle them over your frosting.