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Ontario Court of Appeal to determine if online poker is legal

Ontario Court of Appeal to determine if online poker is legal
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The court will debate if international poker player-sharing agreements are permissible

The Ontario government announced on Monday that it has filed a reference with the province’s Court of Appeal asking whether residents who play poker and online games with people outside the country are doing so legally. The Court of Appeal in Toronto will hear the reference from November 26 to 28.

The specific question posed to the court reads: “Would legal online gaming and sports betting remain lawful under the Criminal Code if its users were permitted to participate in games and betting involving individuals outside of Canada as described in the attached Schedule? If not, to what extent?”

Ontario launched online gambling in April 2022, requiring all players to be in the province. This limited the player pools for online poker and paid daily fantasy contests, which are considered gambling.

The government wants Ontario players to compete against players outside of Canada mainly because it could funnel much of that activity to regulated sites. However, Ontario wants to ensure its legal footing, so the provincial government is requesting a ruling from the Court of Appeal.

The court’s opinion could bolster poker player pools in the province and maybe lead to DraftKings and FanDuel relaunching their paid DFS platforms in Ontario.

“Here, it is proposed that Ontario and its agents allow players located in Ontario to access online gaming platforms conducted and managed by Ontario and, through electronic means, to participate in peer-to-peer games and betting involving persons located outside Canada participating in foreign lottery schemes,” reads the detailed statement to the Court of Appeal.

A statement filed by the Ontario Attorney General also shows the government that it believes it has the legal right to allow Ontario players to compete with others located abroad.

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