Published on: December 5, 2024, 07:57h.
Last updated on: December 5, 2024, 07:57h.
A crucial decision that could have a significant impact on the free and paid daily fantasy sports and online poker industry in Ontario is now pending with five appeal court judges.
Lengthy Decision Process Expected
Paul Burns, the president and CEO of the Canadian Gaming Association, indicated that the decision to allow Ontario players to participate in peer-to-peer games with players outside the province, without violating the Criminal Code, could take several months.
Following the launch of the Ontario open, regulated market in April 2022, gambling sites licensed by the Alcohol and Gaming Commission of Ontario were limited to accepting wagers from individuals within Ontario. Top operators like DraftKings and FanDuel, now licensed in Ontario, chose to discontinue daily fantasy contests within the province.
Legal Arguments Presented at Court of Appeal
The Canadian Gaming Association, alongside legal representation from McCarthy Tetrault’s Adam Goldenberg and others, argued for the allowance of Ontario players to engage with those outside the province under the oversight of the provincial regulator and corresponding jurisdiction regulators.
On the other side, lawyers for the Canadian Lottery Coalition (CLC) and the Mohawk Council of Kahnawà:ke (MCK) opposed this arrangement, raising concerns about the legality of international play as per the Criminal Code.
Changes Anticipated in Ontario Market
“The discussions surrounding the nuances of the Criminal Code made for a compelling three days,” remarked Burns. “We aimed to simplify from the CGA perspective that what Ontario is proposing is legally sound, as Ontario will maintain regulatory control over all activities within the province, ensuring that Ontario customers will continue under the managed regime of iGaming Ontario.”
Working in collaboration with the Alcohol and Gaming Commission of Ontario and the provincial government, iGaming Ontario (iGO) focuses on regulating the igaming industry, ensuring consumer protection, and expanding digital gaming options.
Enhancing Liquidity for Online DFS and Poker
“Juggling legal discussions with educational efforts on the functioning of the igaming industry posed a challenge for the legal team,” Burns noted.
The court is now tasked with reviewing the evidence and delivering a decision, which could potentially span up to six months due to a backlog.
It may be some time before a decision of the Court is available,” stated a spokesperson for the appeal court.
Burns added, “I believe the court comprehends that Ontario players will always be subject to regulatory standards and will not participate in an international liquidity pool. Understanding this operational aspect was crucial.”