Is Online Poker Legal in Canada?

[RiverRider]

I was almost sure that Online Poker was legal in Canada but I still decided to call an attorney specialized in online transactions to know if he could defend me in the case that I would be audited. He told me that Online Poker was illegal in Canada!

WTF! Is that true?! I thought Online Poker was still considered as a grey area in Canada...

[ZeuFreak]

http://www.heydary.com/publications/lawyers/canada/gaming_lawyers_canada.html

[Skallagrim]

Looks like Canada could arrest the owners of the internet sites if they change planes in Canada. But the article linked to did not say anything about Canadian players, only operators of gambling enterprises.

[JPFisher55]

Interesting part about the Indians. Looks like the Canadian authorities want to avoid a conflict with them over internet gambling. I was wondering why one of my poker websites listed their location in Canada.

[RiverRider]

I'm from Quebec/Canada and I live near a Mohawks reserve and believe me the federal and provincial authorities are indeed affraid of the mohawks communitie.

By the way, I read the article linked in ZeuFreak's post and it says that operating a commercial internet gaming enterprise is illegal but there's nothing saying that playing on an online poker website is illegal... Maybe i'm wrong but that's what I understood from the article.

[ZeuFreak]

lol RiverRider I think I know who you are but I will paste this link for other readers.
http://www.gaminglawmasters.com/jurisdictions/canada/inet_canada.html
[ QUOTE ]
Canadian law allows only the provincial government and some charities to run gambling operations. It is now clear that this law, section 207 of the Criminal Code of Canada (“the Code”), makes it illegal to operate, or place a bet through, an offshore Internet casino. The Code specifically restricts the way in which Internet gambling can be introduced. Provincial governments are permitted to operate computer-based lottery schemes like Internet gambling but they cannot licence others to do so. Further, any province that did wish to offer Internet gambling could not take bets from out of province residents unless that other province allowed it. Finally, any type of gambling on the Internet would have to be legally available in Canada, leaving the most popular type of online gambling – single event sports betting – prohibited.

Players and operators thought that they could circumvent the Canadian gambling laws by setting up offshore accounts – which would be as simple as typing in credit card information while online. However, a recent decision by the Supreme Court Appeal Division of the province of Prince Edward Island, judgment rendered April 24, 2002, Reference Re: Earth Future Lottery [2002] P.E.I.J. No. 34 (QL) (“Earth Lottery Reference”) held that in order for a lottery to be lawful it must be conducted and managed in the province.

The Earth Lottery Reference concerned the lawfulness of an Internet lottery scheme established by a charitable organization in P.E.I. A key aspect of the lottery was its proposed use of the Internet as a means of accessing the global market and having persons physically located outside Prince Edward Island participate in the lottery using its interactive website through their home computers. The Supreme Court said that section 207 of the Criminal Code, which does permit some extra-provincial activities relating to gaming, such as the making, printing and transporting of anything to be used in a place where it would be legal, does not authorize extra-provincial marketing and, in effect, the lottery would illegally invade other provinces’ gambling turf.

[/ QUOTE ]

[2eazy]

im also from quebec canada, u are getting audited? i just finished seing a accountant for consultation, can i have ure email, or email me at jftalbot@gmail.com

[RiverRider]

[ QUOTE ]
im also from quebec canada, u are getting audited?

[/ QUOTE ]

I'm not getting audited but I'm being cautious...