In a groundbreaking ruling, the Ontario Court of Appeal has determined that the province’s regulated online gaming platforms can permit players in Ontario to engage in games with individuals located outside of Canada. This legal opinion sets a precedent and may enable Ontarians to participate in peer-to-peer games like online poker and daily fantasy sports against international players.
The decision, delivered by four judges with one judge in opposition, is rooted in the court’s interpretation of the Criminal Code. Chief Justice Michael Tulloch emphasized that the majority of the court concluded that online gaming and sports betting would remain lawful under Ontario’s proposed framework.
The immediate implications of this ruling for Ontario’s online gaming initiatives remain uncertain. The Ministry of the Attorney General declined to comment on ongoing court matters within the appeal period. There is a possibility of appealing the decision to the Supreme Court of Canada, as voiced by the lottery and gaming agencies from other provinces who expressed concerns about potential illegal online gambling proliferation.
The Canadian Lottery Coalition, representing various provinces managing gambling, expressed encouragement at the court’s decision. Gaming expert Don Bourgeois anticipates a potential appeal to the Supreme Court of Canada, citing the complexity and thoroughness of arguments presented in the ruling.
The case originated from an order-in-council by Premier Doug Ford’s cabinet, seeking clarification on the legality of online gaming and sports betting involving individuals outside Canada under the Criminal Code. While this ruling may expand gambling options for Ontarians, experts warn of increased risks associated with international player engagement.
The decision could also impact the revenue streams of online gaming companies, with millions potentially at stake in wagers and gross gaming revenue. By allowing Ontarians to interact with non-Canadians in regulated online gaming, the province stands to benefit from additional revenue streams. According to provincial data, significant revenue was generated through online gaming in Ontario, with peer-to-peer poker games contributing a substantial portion to the overall revenue.
