Illegal Gambling Criminal Code
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*Illegal Gambling Penal Code
*Illegal Gambling Texas Penal Code
*Illegal Gambling Criminal Codes
*Illegal Gambling Revised Penal Code
18 USC 1955 - Prohibition of Illegal Gambling Businesses (a) Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both. (b) As used in this section— (1) ’illegal gambling business’ means a gambling business which—. KRGC also enforces gambling-related crimes found under KELA and the parimutuel racing act (KPRA). Criminal, nuisance, KELA and KPRA statutes related to illegal gambling are: Crimes Against the Public Morals. 21-6403 - Gambling Definitions; 21-6404 - Gambling; 21-6405 - Illegal Bingo Operation; 21-6406 - Commercial Gambling.Gambling Offencess. 201 of the Crim. CodeElection / PleaCrown ElectionIndictment Summary
summary proceedings must initiate within 12 months of the offence (786(2))JurisdictionProv. Court only (201(1), 202 and 203)
Prov. Court only (201(2))Summary DispositionsAvail. Disp.Discharge (730)
Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)
Conditional Sentence (742.1)
MinimumNoneMaximum2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019)Indictable DispositionsAvail. Disp.Discharge (730)*
Suspended Sentence (731(1)(a))*
Fine (734)*
Fine + Probation (731(1)(b))*
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)
Conditional Sentence (742.1)*
(* varies)Minimum14 days incarceration (second) (202 and 203)
30 days incarceration (third or more) (202 and 203)Maximum2 years incarcerationReferenceOffence Elements
Sentence Digests
Overview
Offences relating to gambling are found in Part VII of the Criminal Code relating to ’Disorderly Houses, Gaming and Betting’.
There are three classes of offences in relation to Gambling under the Criminal Code. Those offences relate Keeping a Gaming/Betting House (201), Betting and Book-Making (202), and Placing bets on behalf of others (203).Pleadings
Offences under s. 201(1) [keeping gaming or betting house], 202 [betting, pool-selling, book-making, etc.] and 203 [placing bets on behalf of others] are absolute jurisdiction offences under s. 553(a) and so does not have a defence election of court. It must be tried by a provincial court judge.
Offences under s. 201(2) [person found in or owner permitting use] are straight summary conviction offence. The trial must be held in provincial court.ReleaseOffence(s)Appearance Notice
by Peace Officer
s. 497Summons
by Judge or Justice
s. 508(1), 512(1), or 788Release by
Peace Officer
on Undertaking
s. 498, 499, and 501Release By
a Judge or Justice
on a Release Order
s. 515 to 519Direct to Attend
for Fingerprints, etc.
Identification of Criminals Act
s. 2 ID Crim. Act
s. 201(1) [keeping gaming or betting house],
s. 202 [betting, pool-selling, book-making, etc.] or
s. 203 [placing bets on behalf of others]s. 201(2) [person found in or owner permitting use]
When charged under s. 201(1), 201(2), 202 or 203, the accused can be given an appearance notice without arrest under s. 497 or a summons. If arrested, he can be released by the arresting officer under s. 498 or 499 on an undertaking with or without conditions. He can also be released by a justice under s. 515.Fingerprints and Photos
A peace officer who charges a person under s. 202 or 203 of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act. Publication Bans
For all criminal or regulatory prosecutions, there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of ’any information that could identify the victim or witness’ under s. 486.5(1) where it is ’necessary’ for the ’proper administration of justice’. Other available publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 517), preliminary inquiry (s. 539) or jury trial (s. 648). There is a mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. 110 of the YCJA or young victims under s. 111 of the YCJA.Offence DesignationsOffence(s)Wiretap
Eligible
s. 183Dangerous Offender
Designated Offence
s. 752Serious Personal
Injury Offence
s. 752AG Consent RequiredSerious Criminality
Offence
s. 36 IRPAs. 201(1) [keeping gaming or betting house],
202(1)(e)s. 202(1)(a) to (d) or
203 [placing bets on behalf of others]
See below in Ancillary Sentencing Orders for details on designations relating to sentencing orders.Offence WordingKeeping gaming or betting house
201 (1) Every person who keeps a common gaming house or common betting house is guilty of(a) an indictable offence and liable to imprisonment for a term of not more than two years; or(b) an offence punishable on summary conviction.Person found in or owner permitting use
(2) Every one who(a) is found, without lawful excuse, in a common gaming house or common betting house, or(b) as owner, landlord, lessor, tenant, occupier or agent, knowingly permits a place to be let or used for the purposes of a common gaming house or common betting house,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 185;2019, c. 25, s. 70.
Betting, pool-selling, book-making, etc.
202 (1) Every one commits an offence who(a) uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;(b) imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting;(c) has under his control any money or other property relating to a transaction that is an offence under this section;(d) records or registers bets or sells a pool;(e) engages in book-making or pool-selling, or in the business or occupation of betting, or makes any agreement for the purchase or sale of betting or gaming privileges, or for the purchase or sale of information that is intended to assist in book-making, pool-selling or betting;(f) prints, provides or offers to print or provide information intended for use in connection with book-making, pool-selling or betting on any horse-race, fight, game or sport, whether or not it takes place in or outside Canada or has or has not taken place;(g) imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling, book-making, pool-selling or betting on a horse-race, fight, game or sport, and where this paragraph applies it is immaterial(i) whether the information is published before, during or after the race, fight game or sport, or(ii) whether the race, fight, game or sport takes place in Canada or elsewhere,
but this paragraph does not apply to a newspaper, magazine or other periodical published in good faith primarily for a purpose other than the publication of such information;(h) advertises, prints, publishes, exhibits, posts up, or otherwise gives notice of any offer, invitation or inducement to bet on, to guess or to foretell the result of a contest, or a result of or contingency relating to any contest;(i) wilfully and knowingly sends, transmits, delivers or receives any message that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or(j) aids or assists in any manner in anything that is an offence under this section.
Punishment
(2) Every one who commits an offence under this section is guilty of an indictable offence and liable(a) for a first offence, to imprisonment for not more than two years;(b) for a second offence, to imprisonment for not more than two years and not less than fourteen days; and(c) for each subsequent offence, to imprisonment for not more than two years and not less than three months.
R.S., 1985, c. C-46, s. 202; 2008, c. 18, s. 5.Placing bets on behalf of others
203. Every one who(a) places or offers or agrees to place a bet on behalf of another person for a consideration paid or to be paid by or on behalf of that other person,(b) engages in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise, or(c) holds himself out or allows himself to be held out as engaging in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise,
is guilty of an indictable offence and liable(d) for a first offence, to imprisonment for not more than two years,(e) for a second offence, to imprisonment for not more than two years and not less than fourteen days, and(f) for each subsequent offence, to imprisonment for not more than two years and not less than three months.
R.S., c. C-34, s. 187; 1974-75-76, c. 93, s. 11.Draft Form of ChargesSee also: Draft Form of ChargesPre-ambles’THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..’ OR’THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..’ OR’AND FURTHER at the same time and place aforesaid, he [or she]..’Code SectionSubject of OffenceDraft Wording’.., contrary to section XXX of the Criminal Code.Proof of the Offences
Proving Keeping gaming or betting house under s. 201(1) should include:
*☐identity of accused as culprit
*☐date and time of incident
*☐jurisdiction (incl. region and province)
*☐ the culprit ’keeps a common gaming house or common betting house’.
Proving Person found in or owner permitting use under s. 201(2) should include:
*☐identity of accused as culprit
*☐date and time of incident
*☐jurisdiction (incl. region and province)
*☐ the culprit is either:
*☐ found ’in a common gaming house or common betting house and does not have a ’lawful excuse’ or
*☐ the ’owner, landlord, lessor, tenant occupier or agent’ of a place and ’permits a place to be let or used for the purposes of a common gaming house or common betting house’
Proving Betting, pool-selling, book-making, etc under s. 202(1) should include:
*☐identity of accused as culprit
*☐date and time of incident
*☐jurisdiction (incl. region and province)
*☐ the culprit either:
*☐ uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;
*☐ imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting;
*☐ has under his control any money or other property relating to a transaction that is an offence under this section;
*☐ records or registers bets or sells a pool;
*☐ engages in book-making or pool-selling, or in the business or occupation of betting, or makes any agreement for the purchase or sale of betting or gaming privileges, or for the purchase or sale of information that is intended to assist in book-making, pool-selling or betting;
*☐ prints, provides or offers to print or provide information intended for use in connection with book-making, pool-selling or betting on any horse-race, fight, game or sport, whether or not it takes place in or outside Canada or has or has not taken place;
*☐ imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling, book-making, pool-selling or betting on a horse-race, fight, game or sport, and where this paragraph applies it is immaterial .. whether the information is published before, during or after the race, fight game or sport, or .. whether the race, fight, game or sport takes place in Canada or elsewhere and the publication is not ’a newspaper, magazine or other periodical published in good faith primarily for a purpose other than the publication of such information’;
*☐ advertises, prints, publishes, exhibits, posts up, or otherwise gives notice of any offer, invitation or inducement to bet on, to guess or to foretell the result of a contest, or a result of or contingency relating to any contest;
*☐ wilfully and knowingly sends, transmits, delivers or receives any message that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or
*☐ aids or assists in any manner in anything that is an offence under this section.
Proving Placing bets on behalf of others under s. 203 should include:
*☐identity of accused as culprit
*☐date and time of incident
*☐jurisdiction (incl. region and province)
*☐ the culprit either:
*
*☐ places or offers or agrees to place a bet on behalf of another person for a consideration paid or to be paid by or on behalf of that other person,
*☐ engages in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise, or
*☐ holds himself out or allows himself to be held out as engaging in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise,Interpretation of the OffencePurpose
The primary concern of s. 202 is concerned with ’bookmakers, pool sellers, gaming house keepers and their activities’ as well as those who assist them. It is not concerned with those buy tickets or place bets.[1]’Bookmaking’
The term bookmaking refers to the profession of taking or negotiating bets, keeping betting accounts. It is not limited to horseracing.[2]’Betting’ and ’Gaming’
Acquiring a share of a lottery ticket can be a form of gaming or betting.[3]Keeping Betting Devices (202(1)(b))
To make out an offence under s. 202(1)(b), the Crown is required to prove:[4]
*’that the [accused] kept devices in a place under her control’ (actus reus);
*’that these devices were gambling devices’ (actus reus); and
*’that the [accused] knew that the devices were gambling devices and knowingly kept them’.Recording or Registering (202(1)(d))
The recording that makes up the offence under s. 202(1)(d) must be that of the book-keeper, not the bettor.[5]Constitutionality
Section 199 does not violate the Charter.[6]
The provision of s. 202(1)(b) is intra vires the authority of Parliament criminal law making powers.[7]
*↑R v Michael, 1974 ALTASCAD 48 (CanLII), perMoir JA, at para 22 (’The entire section is chiefly concerned with a certain class of society, bookmakers, pool sellers, gaming house keepers and their activities. In addition, the section is aimed at those who assist or aid these people, and their activities are made criminal. Parliament has not made it a crime to buy a pool ticket or to place a bet with the bookmaker.’)
*↑R v Decome, 1991 CanLII 3847 (QC CA)
*↑R v World Media Brokers Inc., 1998 CanLII 27760 (ON CJ), perFairgrieve J(’.. Brooke J.A.’s use of the word ’game’ to describe the risking of money that could produce either a win or loss. His Lordship also observed that the accused there had been properly acquitted by the trial judge of the charge of ’placing bets for consideration’, not because ’bets’ were not being placed, but because there was no ’consideration’ received by the accused for having done so. That, in my view, provides appellate authority for the obvious proposition, .., that acquiring a share of a lottery ticket is a ’bet’ and a lottery is a ’game’, within the meaning of the Criminal Code.’)
*↑R v Kent, 1994 CanLII 62 (SCC), [1994] 3 SCR 133
*↑Michael, supra, at para 20 (’In that sense they must apply to the records or register of the bookmaker and not to the mere writing of the appellant. In my view the writing by the appleeant was merely a convenient means of communicating the appellant’s selections for the day and the amounts he wished to wager on each horse to the bookmaker.’)
*↑R v Huynh, 2009 ABQB 637 (CanLII), perHawco J
*↑R v J.B.L. Amusements Ltd., 1998 CanLII 18037 (NL CA), perGushue JA, at paras 8 to 14Misc DefinitionsPART VIIDisorderly Houses, Gaming and BettingInterpretationDefinitions
197 (1) In this Part [Pt. VII – Disorderly Houses, Gaming and Betting (s. 197 to 213)],
’bet’ means a bet that is placed on any contingency or event that is to take place in or out of Canada, and without restricting the generality of the foregoing, includes a bet that is placed on any contingency relating to a horse-race, fight, match or sporting event that is to take place in or out of Canada; (pari)
..
’common betting house’ means a place that is opened, kept or used for the purpose of(a) enabling, encouraging or assisting persons who resort thereto to bet between themselves or with the keeper, or(b) enabling any person to receive, record, register, transmit or pay bets or to announce the results of betting; (maison de pari)
’common gaming house’ means a place that is(a) kept for gain to which persons resort for the purpose of playing games, or(b) kept or used for the purpose of playing games(i) in which a bank is kept by one or more but not all of the players,(ii) in which all or any portion of the bets on or proceeds from a game is paid, directly or indirectly, to the keeper of the place,(iii) in which, directly or indirectly, a fee is charged to or paid by the players for the privilege of playing or participating in a game or using gaming equipment, or(iv) in which the chances of winning are not equally favourable to all persons who play the game, including the person, if any, who conducts the game; (maison de jeu)
’disorderly house’ means a common betting house or a common gaming house; (maison de désordre)
’game’ means a game of chance or mixed chance and skill; (jeu)
’gaming equipment’ means anything that is or may be used for the purpose of playing games or for betting; (matériel de jeu)
’keeper’ includes a person who Gambling meaning in easy english dictionary.(a) is an owner or occupier of a place,(b) assists or acts on behalf of an owner or occupier of a place,(c) appears to be, or to assist or act on behalf of an owner or occupier of a place,(d) has the care or management of a place, or(e) uses a place permanently or temporarily, with or without the consent of the owner or occupier thereof; (tenanci
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*Illegal Gambling Penal Code
*Illegal Gambling Texas Penal Code
*Illegal Gambling Criminal Codes
*Illegal Gambling Revised Penal Code
18 USC 1955 - Prohibition of Illegal Gambling Businesses (a) Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both. (b) As used in this section— (1) ’illegal gambling business’ means a gambling business which—. KRGC also enforces gambling-related crimes found under KELA and the parimutuel racing act (KPRA). Criminal, nuisance, KELA and KPRA statutes related to illegal gambling are: Crimes Against the Public Morals. 21-6403 - Gambling Definitions; 21-6404 - Gambling; 21-6405 - Illegal Bingo Operation; 21-6406 - Commercial Gambling.Gambling Offencess. 201 of the Crim. CodeElection / PleaCrown ElectionIndictment Summary
summary proceedings must initiate within 12 months of the offence (786(2))JurisdictionProv. Court only (201(1), 202 and 203)
Prov. Court only (201(2))Summary DispositionsAvail. Disp.Discharge (730)
Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)
Conditional Sentence (742.1)
MinimumNoneMaximum2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019)Indictable DispositionsAvail. Disp.Discharge (730)*
Suspended Sentence (731(1)(a))*
Fine (734)*
Fine + Probation (731(1)(b))*
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)
Conditional Sentence (742.1)*
(* varies)Minimum14 days incarceration (second) (202 and 203)
30 days incarceration (third or more) (202 and 203)Maximum2 years incarcerationReferenceOffence Elements
Sentence Digests
Overview
Offences relating to gambling are found in Part VII of the Criminal Code relating to ’Disorderly Houses, Gaming and Betting’.
There are three classes of offences in relation to Gambling under the Criminal Code. Those offences relate Keeping a Gaming/Betting House (201), Betting and Book-Making (202), and Placing bets on behalf of others (203).Pleadings
Offences under s. 201(1) [keeping gaming or betting house], 202 [betting, pool-selling, book-making, etc.] and 203 [placing bets on behalf of others] are absolute jurisdiction offences under s. 553(a) and so does not have a defence election of court. It must be tried by a provincial court judge.
Offences under s. 201(2) [person found in or owner permitting use] are straight summary conviction offence. The trial must be held in provincial court.ReleaseOffence(s)Appearance Notice
by Peace Officer
s. 497Summons
by Judge or Justice
s. 508(1), 512(1), or 788Release by
Peace Officer
on Undertaking
s. 498, 499, and 501Release By
a Judge or Justice
on a Release Order
s. 515 to 519Direct to Attend
for Fingerprints, etc.
Identification of Criminals Act
s. 2 ID Crim. Act
s. 201(1) [keeping gaming or betting house],
s. 202 [betting, pool-selling, book-making, etc.] or
s. 203 [placing bets on behalf of others]s. 201(2) [person found in or owner permitting use]
When charged under s. 201(1), 201(2), 202 or 203, the accused can be given an appearance notice without arrest under s. 497 or a summons. If arrested, he can be released by the arresting officer under s. 498 or 499 on an undertaking with or without conditions. He can also be released by a justice under s. 515.Fingerprints and Photos
A peace officer who charges a person under s. 202 or 203 of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act. Publication Bans
For all criminal or regulatory prosecutions, there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of ’any information that could identify the victim or witness’ under s. 486.5(1) where it is ’necessary’ for the ’proper administration of justice’. Other available publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 517), preliminary inquiry (s. 539) or jury trial (s. 648). There is a mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. 110 of the YCJA or young victims under s. 111 of the YCJA.Offence DesignationsOffence(s)Wiretap
Eligible
s. 183Dangerous Offender
Designated Offence
s. 752Serious Personal
Injury Offence
s. 752AG Consent RequiredSerious Criminality
Offence
s. 36 IRPAs. 201(1) [keeping gaming or betting house],
202(1)(e)s. 202(1)(a) to (d) or
203 [placing bets on behalf of others]
See below in Ancillary Sentencing Orders for details on designations relating to sentencing orders.Offence WordingKeeping gaming or betting house
201 (1) Every person who keeps a common gaming house or common betting house is guilty of(a) an indictable offence and liable to imprisonment for a term of not more than two years; or(b) an offence punishable on summary conviction.Person found in or owner permitting use
(2) Every one who(a) is found, without lawful excuse, in a common gaming house or common betting house, or(b) as owner, landlord, lessor, tenant, occupier or agent, knowingly permits a place to be let or used for the purposes of a common gaming house or common betting house,
is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 185;2019, c. 25, s. 70.
Betting, pool-selling, book-making, etc.
202 (1) Every one commits an offence who(a) uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;(b) imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting;(c) has under his control any money or other property relating to a transaction that is an offence under this section;(d) records or registers bets or sells a pool;(e) engages in book-making or pool-selling, or in the business or occupation of betting, or makes any agreement for the purchase or sale of betting or gaming privileges, or for the purchase or sale of information that is intended to assist in book-making, pool-selling or betting;(f) prints, provides or offers to print or provide information intended for use in connection with book-making, pool-selling or betting on any horse-race, fight, game or sport, whether or not it takes place in or outside Canada or has or has not taken place;(g) imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling, book-making, pool-selling or betting on a horse-race, fight, game or sport, and where this paragraph applies it is immaterial(i) whether the information is published before, during or after the race, fight game or sport, or(ii) whether the race, fight, game or sport takes place in Canada or elsewhere,
but this paragraph does not apply to a newspaper, magazine or other periodical published in good faith primarily for a purpose other than the publication of such information;(h) advertises, prints, publishes, exhibits, posts up, or otherwise gives notice of any offer, invitation or inducement to bet on, to guess or to foretell the result of a contest, or a result of or contingency relating to any contest;(i) wilfully and knowingly sends, transmits, delivers or receives any message that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or(j) aids or assists in any manner in anything that is an offence under this section.
Punishment
(2) Every one who commits an offence under this section is guilty of an indictable offence and liable(a) for a first offence, to imprisonment for not more than two years;(b) for a second offence, to imprisonment for not more than two years and not less than fourteen days; and(c) for each subsequent offence, to imprisonment for not more than two years and not less than three months.
R.S., 1985, c. C-46, s. 202; 2008, c. 18, s. 5.Placing bets on behalf of others
203. Every one who(a) places or offers or agrees to place a bet on behalf of another person for a consideration paid or to be paid by or on behalf of that other person,(b) engages in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise, or(c) holds himself out or allows himself to be held out as engaging in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise,
is guilty of an indictable offence and liable(d) for a first offence, to imprisonment for not more than two years,(e) for a second offence, to imprisonment for not more than two years and not less than fourteen days, and(f) for each subsequent offence, to imprisonment for not more than two years and not less than three months.
R.S., c. C-34, s. 187; 1974-75-76, c. 93, s. 11.Draft Form of ChargesSee also: Draft Form of ChargesPre-ambles’THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..’ OR’THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..’ OR’AND FURTHER at the same time and place aforesaid, he [or she]..’Code SectionSubject of OffenceDraft Wording’.., contrary to section XXX of the Criminal Code.Proof of the Offences
Proving Keeping gaming or betting house under s. 201(1) should include:
*☐identity of accused as culprit
*☐date and time of incident
*☐jurisdiction (incl. region and province)
*☐ the culprit ’keeps a common gaming house or common betting house’.
Proving Person found in or owner permitting use under s. 201(2) should include:
*☐identity of accused as culprit
*☐date and time of incident
*☐jurisdiction (incl. region and province)
*☐ the culprit is either:
*☐ found ’in a common gaming house or common betting house and does not have a ’lawful excuse’ or
*☐ the ’owner, landlord, lessor, tenant occupier or agent’ of a place and ’permits a place to be let or used for the purposes of a common gaming house or common betting house’
Proving Betting, pool-selling, book-making, etc under s. 202(1) should include:
*☐identity of accused as culprit
*☐date and time of incident
*☐jurisdiction (incl. region and province)
*☐ the culprit either:
*☐ uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;
*☐ imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting;
*☐ has under his control any money or other property relating to a transaction that is an offence under this section;
*☐ records or registers bets or sells a pool;
*☐ engages in book-making or pool-selling, or in the business or occupation of betting, or makes any agreement for the purchase or sale of betting or gaming privileges, or for the purchase or sale of information that is intended to assist in book-making, pool-selling or betting;
*☐ prints, provides or offers to print or provide information intended for use in connection with book-making, pool-selling or betting on any horse-race, fight, game or sport, whether or not it takes place in or outside Canada or has or has not taken place;
*☐ imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling, book-making, pool-selling or betting on a horse-race, fight, game or sport, and where this paragraph applies it is immaterial .. whether the information is published before, during or after the race, fight game or sport, or .. whether the race, fight, game or sport takes place in Canada or elsewhere and the publication is not ’a newspaper, magazine or other periodical published in good faith primarily for a purpose other than the publication of such information’;
*☐ advertises, prints, publishes, exhibits, posts up, or otherwise gives notice of any offer, invitation or inducement to bet on, to guess or to foretell the result of a contest, or a result of or contingency relating to any contest;
*☐ wilfully and knowingly sends, transmits, delivers or receives any message that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or
*☐ aids or assists in any manner in anything that is an offence under this section.
Proving Placing bets on behalf of others under s. 203 should include:
*☐identity of accused as culprit
*☐date and time of incident
*☐jurisdiction (incl. region and province)
*☐ the culprit either:
*
*☐ places or offers or agrees to place a bet on behalf of another person for a consideration paid or to be paid by or on behalf of that other person,
*☐ engages in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise, or
*☐ holds himself out or allows himself to be held out as engaging in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise,Interpretation of the OffencePurpose
The primary concern of s. 202 is concerned with ’bookmakers, pool sellers, gaming house keepers and their activities’ as well as those who assist them. It is not concerned with those buy tickets or place bets.[1]’Bookmaking’
The term bookmaking refers to the profession of taking or negotiating bets, keeping betting accounts. It is not limited to horseracing.[2]’Betting’ and ’Gaming’
Acquiring a share of a lottery ticket can be a form of gaming or betting.[3]Keeping Betting Devices (202(1)(b))
To make out an offence under s. 202(1)(b), the Crown is required to prove:[4]
*’that the [accused] kept devices in a place under her control’ (actus reus);
*’that these devices were gambling devices’ (actus reus); and
*’that the [accused] knew that the devices were gambling devices and knowingly kept them’.Recording or Registering (202(1)(d))
The recording that makes up the offence under s. 202(1)(d) must be that of the book-keeper, not the bettor.[5]Constitutionality
Section 199 does not violate the Charter.[6]
The provision of s. 202(1)(b) is intra vires the authority of Parliament criminal law making powers.[7]
*↑R v Michael, 1974 ALTASCAD 48 (CanLII), perMoir JA, at para 22 (’The entire section is chiefly concerned with a certain class of society, bookmakers, pool sellers, gaming house keepers and their activities. In addition, the section is aimed at those who assist or aid these people, and their activities are made criminal. Parliament has not made it a crime to buy a pool ticket or to place a bet with the bookmaker.’)
*↑R v Decome, 1991 CanLII 3847 (QC CA)
*↑R v World Media Brokers Inc., 1998 CanLII 27760 (ON CJ), perFairgrieve J(’.. Brooke J.A.’s use of the word ’game’ to describe the risking of money that could produce either a win or loss. His Lordship also observed that the accused there had been properly acquitted by the trial judge of the charge of ’placing bets for consideration’, not because ’bets’ were not being placed, but because there was no ’consideration’ received by the accused for having done so. That, in my view, provides appellate authority for the obvious proposition, .., that acquiring a share of a lottery ticket is a ’bet’ and a lottery is a ’game’, within the meaning of the Criminal Code.’)
*↑R v Kent, 1994 CanLII 62 (SCC), [1994] 3 SCR 133
*↑Michael, supra, at para 20 (’In that sense they must apply to the records or register of the bookmaker and not to the mere writing of the appellant. In my view the writing by the appleeant was merely a convenient means of communicating the appellant’s selections for the day and the amounts he wished to wager on each horse to the bookmaker.’)
*↑R v Huynh, 2009 ABQB 637 (CanLII), perHawco J
*↑R v J.B.L. Amusements Ltd., 1998 CanLII 18037 (NL CA), perGushue JA, at paras 8 to 14Misc DefinitionsPART VIIDisorderly Houses, Gaming and BettingInterpretationDefinitions
197 (1) In this Part [Pt. VII – Disorderly Houses, Gaming and Betting (s. 197 to 213)],
’bet’ means a bet that is placed on any contingency or event that is to take place in or out of Canada, and without restricting the generality of the foregoing, includes a bet that is placed on any contingency relating to a horse-race, fight, match or sporting event that is to take place in or out of Canada; (pari)
..
’common betting house’ means a place that is opened, kept or used for the purpose of(a) enabling, encouraging or assisting persons who resort thereto to bet between themselves or with the keeper, or(b) enabling any person to receive, record, register, transmit or pay bets or to announce the results of betting; (maison de pari)
’common gaming house’ means a place that is(a) kept for gain to which persons resort for the purpose of playing games, or(b) kept or used for the purpose of playing games(i) in which a bank is kept by one or more but not all of the players,(ii) in which all or any portion of the bets on or proceeds from a game is paid, directly or indirectly, to the keeper of the place,(iii) in which, directly or indirectly, a fee is charged to or paid by the players for the privilege of playing or participating in a game or using gaming equipment, or(iv) in which the chances of winning are not equally favourable to all persons who play the game, including the person, if any, who conducts the game; (maison de jeu)
’disorderly house’ means a common betting house or a common gaming house; (maison de désordre)
’game’ means a game of chance or mixed chance and skill; (jeu)
’gaming equipment’ means anything that is or may be used for the purpose of playing games or for betting; (matériel de jeu)
’keeper’ includes a person who Gambling meaning in easy english dictionary.(a) is an owner or occupier of a place,(b) assists or acts on behalf of an owner or occupier of a place,(c) appears to be, or to assist or act on behalf of an owner or occupier of a place,(d) has the care or management of a place, or(e) uses a place permanently or temporarily, with or without the consent of the owner or occupier thereof; (tenanci
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