The Canadian Lottery Coalition (CLC) is appealing a Court of Appeal for Ontario ruling regarding online poker. Now, the decision heads to the country’s Supreme Court.
The initial ruling allowed regulated online poker platforms to pool players with other player pools outside Canada. For example, the ruling could, in theory, add Canadian players to the U.S.’ Multi State Internet Gaming Agreement.
The CLC represents provincial lottery and gaming regulators in six of the 10 provinces. Additionally, Quebec’s lottery company filed a motion supporting the CLC.
The CLC argues the Ontario plan “flouts” the country’s Criminal Code. The groups in the coalition are the only government-authorized online gaming platforms in those provinces.
“While the issue today is international liquidity, the next case may involve a province seeking to assert authority to conduct lottery schemes that extend across the country,” the CLC said in a court filing.
“And indeed, even if that is not what Ontario proposes de jure at this time, it is what it proposes de facto given the ubiquity of illegal gambling using international sites among Canadians outside Ontario.”
Alberta Backs Ontario Efforts
As Alberta considers legalizing regulated online gaming and poker, pooling with Ontario’s existing player base is a possibility. Alberta’s Attorney General Mickey Amery filed a motion to intervene in the case
“The iGaming Alberta Act allows for provincial regulation of a lottery scheme similar to the ‘proposed model’ in Ontario, which gave rise to the reference question underlying this appeal,” Amery wrote in the filing.
“Under the iGaming Alberta Act, individuals outside of Canada are not prohibited from participating in an internet-based gaming site operated by a regulated agent of Alberta, provided that individual is permitted to do so by the laws of their jurisdiction.
“Consequently, this appeal will have a significant impact on determining the legality and operation of the iGaming Alberta Act … The issues relate to the legality and operation of validly enacted provincial legislation.”
Amery expressed that the province has significant interest in the case. Moreover, he said the court should consider a ruling to avoid a federal conflict with a provincial statute.
“Alberta and Ontario have exercised their constitutional legislative authority to enact provincial internet-based gaming schemes,” Amery wrote. “In the absence of clear and express language to the contrary, harmonious interpretations that allow federal and provincial laws to coexist should be favored.”
Ontario launched regulated online gambling in 2022. It quickly became one of the largest online poker markets in North America. In July, gambling attorney Jeff Ifrah said the province was seeking expansion to join European and American player pools.
“Ontario has asked an appeals court for permission to open up online poker tables in Ontario to US and other foreign poker players where those players hail from legal jurisdictions,” he wrote on social media.
