Opinion: The long-awaited challenge to Ontario sports betting is finally here

Towards Singles Games Regulated by Private Operators Ontario There have been rumors of impending challenges in planning in sports betting.

The launch of single-game ON sports betting was overshadowed by the General Accounting Office’s report released a few months ago. The report questioned whether the proposed and ultimately adopted regulatory scheme could be sufficiently managed by Ontario’s regulators to meet “implementation and control.” Canadian Law Requirements.

However, another problem remained before the launch. The question is whether provincial governments have held meaningful consultations with Canada in accordance with their constitutional obligations. indigenous people community. There were no lawsuits before the start of sports betting or iGaming, and it fell off many people’s radars.

However, an appeal has reportedly been filed.of Kanawake Mohawk Councill Filed a complaint with iGaming in Ontario and the Attorney General of Ontario late last year. Doug Downeyclaims the state does not “enforce and control” the new game market. Canadian Penal Code.

Who is filing what now in Ontario?

As reported by LSR, Kanawake’s Mohawk Council has filed a legal challenge against the Ontario iGaming scheme. According to the press release, the challenge is the result of “unilateral state government changes to how the game is managed.”

The press release states:

this [the Notice of Application] The changes are illegal and unconstitutional, and challenge Ontario’s reinterpretation of Section 207(1) of the Penal Code, which allows the province to regulate single-event sports betting. MCK’s legal challenge alleges that iGaming Ontario does not “operate or control” games played on private operator sites. In return, iGaming allows the operators to act and control themselves, provided that a portion of the proceeds are paid to Ontario.

Success in this challenge could be a major blow to the state’s bright new market, but neither side has a long way to go to declare victory.

What is Kanawake’s Mohawk Council?

The Mohawk Council of Kahnawake is “an organization that provides government, administrative and operational services to the community of Kahnawake.” The Mohawk Council of Kahnawake is perhaps the longest-serving online gaming regulator based in North America. .

The press release stated that Ontario’s new regulatory scheme failed to recognize the role that Kanawake’s Mohawk Council played in regulating the game, and that the new regulatory plan would be financially detrimental to the council and the Kanawake community. I claim there is.

Are sports betting challenges in Ontario real?

yes.A notice of application has been submitted by a law firm Olthuis Kleer Townshend LLP morning in Ontario Superior Court November 28th.

A notice of application is much like a complaint filed in a U.S. court. It is the filing of documents that initiate legal action.

Many civil cases in Canada are initiated by a document called a petition, but the notice of application is specific to which the individual or group may seek relief other than monetary damages, such as injunctive relief or relief for breach. is appropriate in this situation.under Canadian Charter of Rights and Freedoms.

What does it mean to enforce and manage?

The Canadian Penal Code, Section 207(1), provides that:

Notwithstanding the provisions of this Part on gambling and gambling, (a) it is lawful for a government of one state, alone or jointly with a government of another state, to: Implementation and management Lottery schemes in that state, or that state and other states, subject to laws enacted by that state’s legislature (emphasis added).

According to the then-proposed Comptroller General’s 2021 study on the iGaming market, the phrase “implementation and control” does not require the government to control all aspects of the gaming scheme, but states We will not allow private organizations to take over operational responsibility. wholesale. According to the Auditor General,

To meet the “implementation and control” requirements, state governments must be actively involved in the provision of gaming activities. Any arrangement where the government only issues gaming licenses to private operators and oversees their activities through state regulators would be a violation of criminal law.

Ultimately, with no contract yet in place, the Comptroller General’s report states that as of December 2021, somewhat vague operational information is definitively unacceptable with respect to the phrase “implement or control.” or did not come to the conclusion that it is acceptable. This leaves the problem at least somewhat open.

What to do with the Ontario Sports Betting Challenge?

Bringing iGaming and potential sports betting back into the box is a challenge anywhere, but will it happen in Ontario? is not.

We’ve seen sports betting come and go almost overnight, Florida, Ontario’s sports betting and private operator iGaming market appears to be established. As far as this case is concerned, it does not in itself prove anything, but a resolution other than a complete market closure is most likely the most likely.

Ultimately, what it is will play out over the next few months.Although there are differences between Canada and the United States, as gambling twitter I am happy to point out that neither country has a quick and quick route through the courts.