Ontario Wants to Allow Online Gamblers to Play with Non-Canadians

Ford Government Seeks Court Ruling on Legality of Plan

Ontario's Premier Doug Ford is pursuing a groundbreaking court decision regarding the legality of regulated online gaming platforms allowing provincial gamblers to interact with players outside Canada. According to online gaming companies, this initiative would encourage more Ontarians to utilize provincially licensed sites rather than international alternatives, ultimately increasing revenue for the province. For those looking to explore gaming options, a free mobile casino no deposit could serve as an attractive alternative, providing a risk-free way to enjoy online games.

The Legal Case: Ontario’s Push for International Play

The case is set to be heard in a Toronto courtroom this fall, following an order-in-council issued by Ford's cabinet earlier this year.

The cabinet order requests the Ontario Court of Appeal to address the following issue: "Would online gaming and sports betting be considered legal under the Criminal Code if users are allowed to engage in games and betting activities with individuals located outside of Canada?"

Potential Economic Impact

Industry insiders believe that the case involves potential stakes of hundreds of millions of dollars in bets on online poker and daily fantasy sports sites. Currently, these platforms cannot legally permit Ontarians to interact with their international player pools.

Paul Burns, the president and CEO of the Canadian Gaming Association, which advocates for the industry and is participating as an intervenor in the court case, mentioned that there appears to be a notable rise in the poker business within the province.

Pros of Mixing Ontario Gamblers with Non-Canadians:

1. Increased Revenue for Ontario: Allowing international players would drive more Ontario gamblers to provincially regulated sites.
2. Higher Stakes: Ontario players would have access to higher-stakes games, attracting a larger number of participants.
3. Legal Certainty: Clarity on the legality would enhance the confidence of operators and players alike.

Opposition from Other Provinces

The situation is attracting attention across the country, as lottery and gaming organizations from almost every other province are urging the court to make a decision against Ontario's attempt to expand its international player base.

Canadian governments have the authority to request a pre-emptive legal opinion from the court, referred to as a reference. However, this practice is not common. The most notable recent instance was initiated by Ontario, which sought clarification on the federal carbon tax's constitutionality; ultimately, the province did not prevail in that case.

Ontario’s Legal Strategy

The spokesperson for Ontario Attorney General Doug Downey announced that the province is presenting an online gambling reference case. The aim is to clarify whether allowing international players in this model would comply with the law.

"The federal Criminal Code lacks clarity on whether people in Ontario are allowed to engage in online gaming with players from other countries," stated Jack Fazzari, Downey's press secretary, in an email correspondence with CBC News.

Key Legal Considerations for Ontario:

1. Clarity in the Criminal Code: The federal law does not specify if Ontarians can legally gamble with international players.
2. Impact on Provincial Regulations: Ontario seeks to clarify whether international participation would be permissible within existing frameworks.
3. Exclusion of Other Provinces: Ontario’s plan would prohibit players from other provinces from joining international gambling activities.

The Potential Benefits of International Play for Ontario

The model suggested by Ontario would prevent gamblers from other provinces from participating, while permitting international players to engage with Ontario-regulated websites.

The Canadian Gaming Association requested the court to prevent public access to that evidence, claiming it might damage the reputation of the companies involved. However, a judge decided against this request.

National and International Reactions

This situation arises in the context of concerns that several online gambling companies regulated by Ontario are overwhelming other provinces with advertisements for their sports betting and casino platforms.

Mohawk Council of Kahnawà:ke Taking Ontario Government to Court Over Online Gaming

This follows a recent decision in another case initiated by the Mohawk Council of Kahnawà:ke, which confirmed that Ontario's current online gambling regulations are legal.

Concerns about the Current System

Attorneys representing two online gaming firms contend that the existing framework for online poker in the province is counterproductive to the government's aim of directing Ontario gamblers toward state-regulated platforms and applications.

Lawyers representing NSUS Group, the parent company of GGPoker—known as the largest online poker room globally—stated in a court document that "the international market offers significantly more variety in poker game types and player experiences than a restricted market like Ontario."

"The reduced online poker options in Ontario push players toward unregulated black market operators, which can provide a superior experience compared to international markets," state the company's legal representatives.

Problems with Ontario’s Current Online Poker System:

1. Limited Game Variety: Ontario's market offers fewer poker game types compared to the international market.
2. Driving Players to Black Markets: Players seeking better experiences may turn to unregulated operators.
3. Reduced Player Experience: Ontario’s regulated market limits the diversity and experiences available for players.

Flutter Entertainment's Position

Flutter Entertainment, which owns PokerStars and FanDuel, contends in its request for intervenor status that it has a considerable stake in the litigation's outcome as its business interests might be greatly affected.

Conclusion:

The ongoing court case regarding Ontario's initiative to permit international online gaming could significantly impact the gambling sector. With provincial lottery agencies and gaming groups throughout Canada rallying against this proposal, this legal struggle is certainly one to monitor closely.