Criminal Law – The Role of Gambling Laws in Banning Dangerous Activities
Gambling may be the indulgence of gambling energy or money on an occasion with an uncertain result, with the principal reason for winning something or money. Gambling therefore requires three factors to be in place: risk, consideration, and a prize for winning. There is also the component of chance. In gambling, chance favors those people who are ready to take risks and put a few of their money into the gamble. These risks may involve risks of loss and risks of winnings.
In Canada, there are several grey areas that surround the regulation and control of gambling. For instance, even though Criminal Code of Canada expressly states that Canadian residents are prohibited from participating in gambling (section 611. of the Criminal Code), there are no express laws that prohibit people from participating in gambling through means of the internet. As a result, there is an ambiguity as to what forms of activity constitute gambling and, consequently, there are no federal criminal charges under the code for gambling in Canada, despite the fact that gambling has been and continues to be illegal in many parts of the world (including Canada).
One of these of a type of gambling in Canada is lotteries. Although Canadian law prohibits lotteries, there are some communities where gambling is legalized, such as for example Las Vegas, where certain types of lotteries are legal (e.g., horse racing and basketball betting). However, lotteries can still be viewed as gambling by those that win the prizes, whether or not they paid out in cash or converted from cash to some other form (e.g., casino bank cards). The same applies to lottery winnings. Some gambling games are strictly online, and therefore there are no prizes or items awarded to participants. Other types of gambling include bingo (which is not technically gambling but, rather, a kind of entertainment within certain settings), video poker, slot machines, keno, and video poker machines.
Another exemplory case of principal gambling games in Canada are poker games, whether online or offline, craps, roulette, blackjack, baccarat, and bingo. Online casinos allow players to play games where they don’t have a physical presence, such as virtual poker. Many websites offer a version of roulette for use while travelling, allowing players to take part in live gambling without ever leaving their home.
For example of a less common form of gambling in Canada, street gambling means “gambling, gaming or wagering on the outcome of sporting events held for profit”. Unlike online gambling, this sort of gambling usually does not have an added incentive for playing, such as a free bet or promotional item. Rather, this is a form of hand-to-hand competition. Generally in most jurisdictions, street gambling is against the law and is considered to be a secondary type of gambling. However, in some municipalities, it is tolerated within street sports and promotions.
The provinces that regulate gambling include British Columbia, Ontario, Quebec, New Brunswick, and Manitoba. These provinces have not a lot of differences in the regulation of gambling and have similar written gambling statutes. Generally, these provinces prohibit both live gaming and internet gambling, but allow only live 블랙잭 gaming for licensed dealers. However, no provincial consumer protection agency has jurisdiction over online gaming. Only the Canadian ONLINE SITES Providers (CISPs) gets the authority to handle internet gambling issues, under federal legislation.
Almost every other gambling issues in Canada involve cases of non-criminally related gambling charges, such as for example over-the-counter (OTC) gambling, for winnings that occurred offline. Most provinces have recognized an exception to the prohibition on OTC gambling by recognizing an exception to the application of the provisions of the Criminal Code that relate with bingo, craps and other cards that are generally thought to fall within the ambit of gambling. Generally in most provinces, such cases are considered to fall under the discretionary sentencing provisions of the Criminal Code, which allow for more creative interpretations of the meaning of what “gambling”, “card game”, or “stake play”. Consequently, it is not uncommon to see such cases end in prison, with lengthy jail terms for repeat offenders. That is why, the criminal law lawyers who represent the gambling cases, must take into account the possibility that their client might be able to seek release on the basis that he or she can manage his / her financial affairs sufficiently in order to avoid the chance of re-incarcation of financial fortunes.
Gambling laws tend to be thought to apply even to sporting events. In many jurisdictions, lottery and gaming activities are prohibited, except in acute cases where state financial crisis is the rationale for such regulation. Canadian Lottery Commission successfully implemented a ban on lotteries on lottery tickets, following a court ruling that found certain lottery games to be illegal gambling, despite the fact that lotteries are used by a large number of Canadians. In similar vein, betting on professional sports, including hockey, basketball, tennis, golf and football, can be prohibited by numerous Canadian provinces. While there are no systematic studies that address the issue of sporting event gambling, it could seem that the likelihood of such laws being put on casino games, as well as to lotteries, are most likely small.