QUICK TAKEAWAY
Gambling and Gaming: If you own, operate or manage an establishment where illegal betting occurs you can be charged under s.201 (1) of the Criminal Code with keeping a betting / gaming house. You can also be charged if you are found within these premises or if you are making bets for others. The maximum penalty for running an illegal gaming house and related offences is two years in jail.
Table of Contents:
What is Keeping a Betting / Gaming House?
Section 201 (1) of the Criminal Code makes it illegal to keep a common gaming or betting house. Section 197 of the Code defines a common gaming house as a place where people are encouraged to betA wager on any sporting event that is to take place in or out of Canada between themselves or the keeperThe owner, occupier or manager of a place with betting of the house, or a place where people can register or pay bets.
A common betting house is defined as a place where people play gambling games and a portion of the bets are paid to the keeper of the place. In addition, fees may be paid by the players for the privilege of being there and the chances of winning are not equally favourable to all persons who play the gameAny game of chance or a mixture of chance and skill.
Both establishments are called a disorderly houseA common betting or gaming house (maison de désordre) in the Code. Related charges are detailed below.
Person found in or owner permitting use
Section 201 (2) of the Code makes it a crime to be found, without lawful excuse, in a common gaming house or common betting house. It is also illegal to be the owner, landlord, lessor, tenant, occupier or agent, for such a place.
Betting, pool-selling, bookmaking, etc.
Section 202 (1) of the Code makes it an offence to allow a place to be used for the purpose of recording or registering bets. It also makes it illegal to be in the business of betting on any sport, whether or not it takes place in or outside Canada.
Placing bets on behalf of others
Section 203 of the Code makes it an offence to place bets on behalf of another person, for a fee or otherwise.
What is Needed to Convict
The Crown must prove that illegal betting and gaming was going on in the premises and that you were aware of this activity. Private bets between individuals not engaged in the business of betting are legal in Canada, as are lawful horse races and bets on sporting activity made through a pari-mutuel system that is certified and regulated.
Some Gaming and Betting Charges are Hybrid Offences
Canadian courts deal with offences in two ways. Summary offences are for less serious crimes such as thefts under $5,000, while indictable offences include murder, sexual assault and aggravated assault. Some gaming and betting charges can be dealt with as either a summary or indictable offence.
Penalties for Gaming and Betting in Canada
The charges of betting, pool-selling and bookmaking and placing bets on behalf of others are always treated as indictable offences. Those found guilty of either charge face a maximum of two years in jail for a first offence.
If you are charged with keeping a gaming or betting house in Canada, the maximum penalty is two years in jail if it is treated as an indictable offenceIndictable offences are more-serious criminal offences or a less severe penalty if the charge is treated as a summary convictionUsed for lesser offences.
The charge for being found in a gaming or betting house, even for the owner, is always treated as a summary conviction.
November 17, 2022
Update: Bill C-5: Mandatory Minimum Penalties Repealed.
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Sehmbi Law
Bloom Law
Chambers Caldwell Law LLP
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Hira Rowan
Gregory P. Delbigio, Q.C
Glossary of Legal Terms
Bet
The amount risked in a wager on any sporting event or game of chance that takes place in or out of Canada.
Disorderly house
A disorderly house is a common betting or gaming house.
Game
Game of chance or a mixture of chance and skill are considered illegal lotteries unless no consideration is paid to enter, play or win a prize.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Keeper
The owner, occupier or manager of a place where betting occurs. It can also include anyone who assists or acts on behalf of an owner or occupier of a place, and those who appear to be acting on behalf of an owner or occupier of a place.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
