Canadian Gambling Rights

[GrandMaster]

Originally Posted by Pinababy69

Anyone wanna start a bail fund for me?

I will put up bail for you, don't worry.

[Pinababy69]

Cool Cipher and GM. That's one worry out of the way, lol.

[unicorn40]

I'll make sure theres pictures for the papers up here..... So you still have those fur lined handcuffs eh? LMAO

[Pinababy69]

Originally Posted by unicorn40

I'll make sure theres pictures for the papers up here..... So you still have those fur lined handcuffs eh? LMAO

Yep!! LOL...

[jetset]

It kinda looks from this that some Canadian banks are starting to emulate the early US banking approach of just putting the screws on Canadian gamblers using their facilities without necessarily having the backing of specific legislation (unless there is a general prohibition on gambling that they can fall back on).

And if it is accepted that Canadians are prohibited by (national?) law from this passtime as was claimed earlier in this thread, why would Ontario need to inroduce state (provincial) laws against it? Is it to reinforce the right of provinces to decide on their own gambling policy? Is it specifically to allow gambling that benefits the state (province) whilst excluding Internet gambling competition?

I've been so focused on the US legislative situation that I have not studied the Canadian position. My simplistic understanding of Canada's laws was that all gambling was illegal unless licensed and regulated specifically by the individual states (provinces).

The First Nation operations like Kahnawake (which is located in the Quebec province) should fall under the laws of that province, but given the politically sensitive nature of anything to do with First Nation issues, and the sovereignty claims made by the Mohawks, it is unlikely that anyone in provincial or national government is going to push that issue.

That's my understanding, but I would welcome correction if one of our Canadian members has more precise information on this?

Edited to add the opinion of a legal eagle, explaining that the proposed Ontario law is supplementing provisions already contained in a general prohibition on gambling outside the authority of the provinces:

"I don't think it's going to have very much effect if at all," suggests Michael Lipton of the International Masters of Gaming Law. "First of all, advertising of sports betting and sports books, as well as advertising of games of chance, are already covered under the Criminal Code ... And clearly, for the province to advance in this particular area, in my view, is improper.

"It's going into an area which is not covered by its jurisdiction, and I would think that this type of legislation would certainly be challenged and would be struck down by the courts."

Others claim any government involvement in gambling - like lotteries or slot machines - is a far bigger threat to the province, because they encourage wagering.....

[jetset]

Here's more opinion on the Ontario proposal to ban online gambling advertising - I'm sure members will again mark the hypocrisy of state gambling and big bucks commerical protectionism in the following, which comes from the National Post:

Quote:

The primary driver behind the legislation is the dramatic rise in Internet gambling addiction among teenagers, according to ministry spokesman Paul de Zara. A recent survey by the Responsible Gambling Council found that addiction among people aged 18 to 24 rose 400% between 2001 and 2005.

"The addiction rates for children are pretty startling," Mr. de Zara said.

The legislation is only targeting illegal sites - namely those that take money bets - and will exclude "for-fun" sites. Mr. de Zara said all Web sites that take money bets from Canadians are illegal under the Criminal Code because the provinces have exclusive authority over all forms of gambling.

"You can't advertise something that is illegal," he said. "We don't let drug dealers advertise crack houses."

Mr. de Zara said the government's secondary motivation was to stem the outflow of gambling money from the coffers of provincially approved, taxed and regulated organizations to Web sites that are generally not based in Canada.

The legislation is based on a similar private member's bill introduced by MPP Jeff Leal this year, which was supported by Woodbine Racetrack, and follows a major U.S. crackdown on Internet gambling last month. The U.S. Congress passed a bill banning financial institutions and credit card companies from taking payments from U.S.-based bettors, effectively crippling the industry there.

Legal experts say the U.S. and Ontario actions are similar in that neither government has made Internet gambling illegal outright, but both have put a chill on the industry through indirect moves against it.

John Tuzyk, a partner at Blake, Cassels & Graydon specializing in gaming law, said Criminal Code violations are a federal matter, and Ontario's attempt to regulate online gambling through the Consumer Protection Act will add to what is already a legal grey area.

"It begs the question about whether the activity itself is illegal," he said. "They're kind of implying it's illegal, but to be convicted of breaching the [Consumer Protection Act] they would still have to show that Internet gaming is illegal, which has not been definitively established in Canada yet."

Danielle Bush, a partner at McCarthy Tetrault, which represents several large media companies, said the legislation would introduce uncertainty for those firms and put an unfair onus on them to decide which ads may or may not be illegal. She also objected to the government's stated moral purpose.

"They're overstepping their bounds somewhat," she said. "You simply can no longer say that gaming and gambling are an evil that should be eradicated. You can't take that position and continue to offer the services yourself."

British Columbia and the Atlantic provinces have legal Internet gambling in the form of lotteries and sports-betting games. European countries, with the United Kingdom in particular, are also moving in the opposite direction of North America by legalizing, regulating and taxing online gambling Web sites.