View source for Lottery Offences (Offence)

{{LevelZero}}{{HeaderLottery}}

{{OffenceBox |OffenceTitle=Lottery Offences |OffencePage=Lottery Offences |Section=206, 207, 207.1 and 209|Act={{OBCCC}} |CrownElection={{OBIndictableElection}} (206(1) and 209) <br>{{OBSummaryElection}} (206(4), 207, and 207.1) |Jurisdiction={{OBJurisdictionAllUnder14}}  |Bail={{OBBailVar}} |SummaryDisp= {{OBDispAll}} |SummaryMin= {{OBMinNone}} |SummaryMax= {{OBSConviction}} |IndictableDisp= {{OBDispSame}} |IndictableMin= {{OBMinNone}} |IndictableMax= {{OBTime|2 years}} }}

==Overview==
{{OverviewVII|lottery}}

; Pleadings
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{{PleadingsIndictElection|s. 206(1) and 209}}

{{PleadingsSummary|s. 206(4), 207, and 207.1}}

; Release
{{ReleaseHeader}}
|s.  206(1) {{DescrSec|206(1)}} or 209 {{DescrSec|209}} ||{{ReleaseProfileOICorBail}}
|-
|s. 206(4) {{DescrSec|206(4)}}, 207 {{DescrSec|207}}, and 207.1 {{DescrSec|207.1}}|| {{ReleaseProfileNoID}} 
|-
{{ReleaseEnd}}
{{ReleaseOICorBail|s. 206(1) or 209}}

{{ReleaseAllOptions|s. 206(4), 207, or 207.1}}

:''Reverse Onus Bail''
{{ReverseOnusCirc}}

; Publication Bans
{{GeneralPubBan}}

; Offence Designations
{{DesignationHeader}}
|-
|s. xxx || {{OKMark}} <!--wire--> || {{OKMark}} <!--DO-->||{{OKMark}} <!--SPIO--> || {{XMark}} <!--consent-->
{{DesignationEnd}}
{{SeeBelowForAncillary}}

==Offence Wording==
{{quotation|
; Offence in relation to lotteries and games of chance
206 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
:(a) makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised or published, any proposal, scheme or plan for advancing, lending, giving, selling or in any way disposing of any property by lots, cards, tickets or any mode of chance whatever;
:(b) sells, barters, exchanges or otherwise disposes of, or causes or procures, or aids or assists in, the sale, barter, exchange or other disposal of, or offers for sale, barter or exchange, any lot, card, ticket or other means or device for advancing, lending, giving, selling or otherwise disposing of any property by lots, tickets or any mode of chance whatever;
:(c) knowingly sends, transmits, mails, ships, delivers or allows to be sent, transmitted, mailed, shipped or delivered, or knowingly accepts for carriage or transport or conveys any article that is used or intended for use in carrying out any device, proposal, scheme or plan for advancing, lending, giving, selling or otherwise disposing of any property by any mode of chance whatever;
:(d) conducts or manages any scheme, contrivance or operation of any kind for the purpose of determining who, or the holders of what lots, tickets, numbers or chances, are the winners of any property so proposed to be advanced, lent, given, sold or disposed of;
:(e) conducts, manages or is a party to any scheme, contrivance or operation of any kind by which any person, on payment of any sum of money, or the giving of any valuable security, or by obligating himself to pay any sum of money or give any valuable security, shall become entitled under the scheme, contrivance or operation to receive from the person conducting or managing the scheme, contrivance or operation, or any other person, a larger sum of money or amount of valuable security than the sum or amount paid or given, or to be paid or given, by reason of the fact that other persons have paid or given, or obligated themselves to pay or give any sum of money or valuable security under the scheme, contrivance or operation;
:(f) disposes of any goods, wares or merchandise by any game of chance or any game of mixed chance and skill in which the contestant or competitor pays money or other valuable consideration;
:(g) induces any person to stake or hazard any money or other valuable property or thing on the result of any dice game, three-card monte, punch board, coin table or on the operation of a wheel of fortune;
:(h) for valuable consideration carries on or plays or offers to carry on or to play, or employs any person to carry on or play in a public place or a place to which the public have access, the game of three-card monte;
:(i) receives bets of any kind on the outcome of a game of three-card monte; or
:(j) being the owner of a place, permits any person to play the game of three-card monte therein.<br>

; Definition of “three-card monte”
(2) In this section, “three-card monte” means the game commonly known as three-card monte and includes any other game that is similar to it, whether or not the game is played with cards and notwithstanding the number of cards or other things that are used for the purpose of playing.
<br>
; Exemption for fairs
(3) Paragraphs (1)(f) and (g), in so far as they do not relate to a dice game, three-card monte, punch board or coin table, do not apply to the board of an annual fair or exhibition, or to any operator of a concession leased by that board within its own grounds and operated during the fair or exhibition on those grounds.
<br>
; Definition of “fair or exhibition”
(3.1) For the purposes of this section, “fair or exhibition” means an event where agricultural or fishing products are presented or where activities relating to agriculture or fishing take place.
<br>
; Offence
(4) Every one who buys, takes or receives a lot, ticket or other device mentioned in subsection (1) is guilty of an offence punishable on summary conviction.
<br>
; Lottery sale void
(5) Every sale, loan, gift, barter or exchange of any property, by any lottery, ticket, card or other mode of chance depending on or to be determined by chance or lot, is void, and all property so sold, lent, given, bartered or exchanged is forfeited to Her Majesty.
<br>
; Bona fide exception
(6) Subsection (5) does not affect any right or title to property acquired by any bona fide purchaser for valuable consideration without notice.
<br>
; Foreign lottery included
(7) This section applies to the printing or publishing, or causing to be printed or published, of any advertisement, scheme, proposal or plan of any foreign lottery, and the sale or offer for sale of any ticket, chance or share, in any such lottery, or the advertisement for sale of such ticket, chance or share, and the conducting or managing of any such scheme, contrivance or operation for determining the winners in any such lottery.
<br>
; Saving
(8) This section does not apply to
:(a) the division by lot or chance of any property by joint tenants or tenants in common, or persons having joint interests in any such property; or
:(b) [Repealed, 1999, c. 28, s. 156]
:(c) bonds, debentures, debenture stock or other securities recallable by drawing of lots and redeemable with interest and providing for payment of premiums on redemption or otherwise.<br>

R.S., 1985, c. C-46, s. 206; R.S., 1985, c. 52 (1st Supp.), s. 2; 1999, c. 28, s. 156;
2019, c. 25, s. 71.
|[{{CCCSec|206}} CCC]
}}

{{quotation|
207.<br>...<br>
; Offence
(3) Every one who, for the purposes of a lottery scheme, does anything that is not authorized by or pursuant to a provision of this section
:(a) in the case of the conduct, management or operation of that lottery scheme,
::(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, or
::(ii) is guilty of an offence punishable on summary conviction; or
:(b) in the case of participating in that lottery scheme, is guilty of an offence punishable on summary conviction.

...<br>
R.S., 1985, c. C-46, s. 207; R.S., 1985, c. 27 (1st Supp.), s. 31, c. 52 (1st Supp.), s. 3; 1999, c. 5, s. 6; 2014, c. 39, s. 171; 2018, c. 29, s. 17.|[{{CCCSec|207}} CCC]
}}

{{quotation|
207.1<br>...<br>
; Offence
(3) Every one who, for the purpose of a lottery scheme, does anything that is not authorized by this section
:(a) in the case of the conduct, management or operation of the lottery scheme,
::(i) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or
::(ii) is guilty of an offence punishable on summary conviction; and
:(b) in the case of participating in the lottery scheme, is guilty of an offence punishable on summary conviction.

...<br>
1999, c. 5, s. 7.
|[{{CCCSec|207.1}} CCC]
}}

{{quotation|
; Cheating at play
209 Every person who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting 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.

R.S., 1985, c. C-46, s. 2092019, c. 25, s. 72 
|[{{CCCSec|209}} CCC]
}}

==Proof of the Offences==

{{ElementHeader}}
{{ElementLeft}}

{{Proving|Offence in relation to lotteries and games of chance|206}}
{{InitialElements}}
# {{box}} the culprit either:
## {{box}} makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised or published, any proposal, scheme or plan for advancing, lending, giving, selling or in any way disposing of any property by lots, cards, tickets or any mode of chance whatever;
## {{box}} sells, barters, exchanges or otherwise disposes of, or causes or procures, or aids or assists in, the sale, barter, exchange or other disposal of, or offers for sale, barter or exchange, any lot, card, ticket or other means or device for advancing, lending, giving, selling or otherwise disposing of any property by lots, tickets or any mode of chance whatever;
## {{box}} knowingly sends, transmits, mails, ships, delivers or allows to be sent, transmitted, mailed, shipped or delivered, or knowingly accepts for carriage or transport or conveys any article that is used or intended for use in carrying out any device, proposal, scheme or plan for advancing, lending, giving, selling or otherwise disposing of any property by any mode of chance whatever;
## {{box}} conducts or manages any scheme, contrivance or operation of any kind for the purpose of determining who, or the holders of what lots, tickets, numbers or chances, are the winners of any property so proposed to be advanced, lent, given, sold or disposed of;
## {{box}} conducts, manages or is a party to any scheme, contrivance or operation of any kind by which any person, on payment of any sum of money, or the giving of any valuable security, or by obligating himself to pay any sum of money or give any valuable security, shall become entitled under the scheme, contrivance or operation to receive from the person conducting or managing the scheme, contrivance or operation, or any other person, a larger sum of money or amount of valuable security than the sum or amount paid or given, or to be paid or given, by reason of the fact that other persons have paid or given, or obligated themselves to pay or give any sum of money or valuable security under the scheme, contrivance or operation;
## {{box}} disposes of any goods, wares or merchandise by any game of chance or any game of mixed chance and skill in which the contestant or competitor pays money or other valuable consideration;
## {{box}} induces any person to stake or hazard any money or other valuable property or thing on the result of any dice game, three-card monte, punch board, coin table or on the operation of a wheel of fortune;
## {{box}} for valuable consideration carries on or plays or offers to carry on or to play, or employs any person to carry on or play in a public place or a place to which the public have access, the game of three-card monte;
## {{box}} receives bets of any kind on the outcome of a game of three-card monte; or
## {{box}} being the owner of a place, permits any person to play the game of three-card monte therein.
# {{box}} the prohibited conduct is not part of "an annual fair or exhibition", or relates "to any operator of a concession leased by that board within its own grounds and operated during the fair or exhibition on those grounds""

{{Proving|lottery scheme conduct|207}}
{{InitialElements}}
# {{box}} the culprit "does anything that is not authorized by or pursuant to" s. 207 including:
## {{box}} "conduct, management or operation of that lottery scheme"; and
## {{box}} "participating in that lottery scheme".
# {{box}} the prohibited conduct was "for the purpose of a lottery scheme";

{{Proving|Cheating at play|207.1}}
{{InitialElements}}
# {{box}} the culprit "does anything that is not authorized by s. 207.1 (including "conduct, management or operation of the lottery scheme" or "participating in the lottery scheme")
# {{box}} the prohibited conduct is "for the purpose of a lottery scheme";

{{Proving|Cheating at play|209}}
{{InitialElements}}
# {{box}} the culprit "cheats while playing a game or in holding the stakes for a game or in betting"; and
# {{box}} the culprit had "intent to defraud" the person.

{{ElementEnd}}

==Pyramid Schemes (206(1)(e))==

The purpose of 206(1)(e) is to "protect persons from those who would exploit people who understandably dream of substantial monetary gains that materialize overnight".<ref>
''R v MacKenzie'' (1982), [http://canlii.ca/t/g17b8 1982 CanLII 2090] (ON CA), 66 CCC (2d) 528{{perONCA|Cory JA}}{{atp|531}}<br>
</ref>

The crown must prove that there is a prohibited "scheme".<ref>
{{ibid1|MacKenzie}}{{atp|531}}<br>
</ref>

The determination of whether a scheme is prohibited requires looking at the scheme itself to make the determination.<ref>
{{ibid1|MacKenzie}}{{atp|531}}<br>
</ref>

The schemes addressed by s. 206(1)(e) are those "where a person paying a lesser valuable security shall become entitled to receive a greater valuable security as the result of the participation of others in the scheme."<ref>
''R v Golden Canada Products'', [1974] 1 W.W.R. 593, 15 CCC (2d) 1, [http://canlii.ca/t/fnwxx 1973 ALTASCAD 124] (CanLII){{perABCA|McDermid JA}}, at 8, aff'd (1975), 31 C.R.N.S. 396 (SCC), [http://canlii.ca/t/gxp06 1975 CanLII 1204] (SCC){{perSCC|Laskin CJ}}
</ref>

The primary issue is whether the scheme provides that a participant will receive a larger amount than he paid in due to other people, usually newer recruits, contributing.<ref>
''Dream Home Contests (Edmonton) Limited v The Queen; Hodges v The Queen'', [http://canlii.ca/t/22vqf 1960 CanLII 61] (SCC), [1960] SCR 414, 126 CCC 241{{perSCC|Taschereau J}} at 250 ("whether, under the scheme, a participant will receive a larger amount of valuable security than he paid because other persons had contributed to the scheme")<br>
''R v Canus of North America Ltd.'' (1964), [http://canlii.ca/t/g7blr 1964 CanLII 368] (SK CA){{perSKCA|Woods JA}} ("The nub of its requirement is that a larger sum may be payable because others may participate. ...The question to be answered ...is whether or not, under the scheme, the participant stands to receive a larger amount back than he paid in, because other persons have contributed. In other words, if the purchasers may become entitled to receive more than they pay because others have contributed, then the offence lies.")
{{supra1|MacKenzie}}{{atp|531}}<br>
</ref>

Just because a portion of the operation is a legitimate business does not exempt it from liability where another portion of the business engages in the prohibited conduct.<ref>
{{supra1|Golden Canada Products Ltd}} at page 200<br>
''R v Friskie'', [http://canlii.ca/t/1c3mt 2001 CanLII 866] (SK PC){{perSKPC|Snell J}}{{atL|1c3mt|8}}
</ref>

{{reflist|2}}

==Exemptions for Lottery Offences==
* [[Exemptions for Lottery Offences]]

==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}

; Testimonial Aids
{{3rdPTestimonyAids}}

; On Finding of Guilt
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{{VISNotice}}

==Sentencing Principles and Ranges==
{{seealsoSentencing}}

; Maximum Penalties
{{MaxPenaltyIndictment|s. 206|'''2 years incarceration'''}}

{{MaxPenaltyHybrid|s. 207(3)(a) and 207.1(3)(a)|'''2 years incarceration'''|'''{{summaryconviction}}'''}}

{{MaxPenaltySummary|s. 207(3)(b) and 207.1(3)(b)|'''{{summaryconviction}}'''}}

{{MaxPenaltyIndictment|s. 209|'''2 years incarceration'''}}

; Minimum Penalties
{{NoMinimumPenalties}}

; Available Dispositions
{{SProfileAvailHeader}}
|s. 207(3)(a) and 207.1(3)(a) || any || {{SProfileAll}}
|-
|s. 206, 207(3)(b) and 207.1(3)(b) || {{NA}} || {{SProfileAll}}
|-
{{SProfileEnd}}

{{AllDispositionsAvailable}}

; Consecutive Sentences
{{NoConsecutive}}

==Ancillary Sentencing Orders==
{{seealso|Ancillary Orders}}

; Offence-specific Orders
* None

; General Sentencing Orders
{{GeneralSentencingOrders}}

; General Forfeiture Orders
{{GeneralForfeitureOrders}}

==See Also==
* [[Gambling Offences (Offence)]]
[[Category:Offences Punishable on Summary Conviction]]
[[Category:Offences with Maximum Penalty of 2 Years]]