View source for Gambling Offences (Offence)

[[fr:Infractions liées aux jeux de hasard (infraction)]]
{{Currency2|January|2022}}
{{LevelZero}}{{HeaderOffences}}
{{OffenceBox
|OffenceTitle=Gambling Offences 
|OffencePage=Gambling Offences
|Section=201 and 202
|Act={{OBCCC}} 
|CrownElection={{OBIndictableElection}} {{OBSummaryElection}}
|Jurisdiction=<!--{{OBJurisdictionAll}}<br>-->{{OBJurisdictionAbsolute}} (201(1), 202 and 203)<br> {{OBJurisdictionSumm}} (201(2)) 
|Bail={{OBBailVar}} 
|SummaryDisp= {{OBDispAll}}
|SummaryMin= {{OBMinNone}}
|SummaryMax= {{OBSConviction}} 
|IndictableDisp= {{OBDispMinVar}}
|IndictableMin= {{OBTime|14 days}} (second) (202 and 203)<br>{{OBTime|30 days}} (third or more) (202 and 203) 
|IndictableMax= {{OBTime|2 years}} }}

==Overview==
{{OverviewVII|gambling}}

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). There is also a related offence for breach of gambling rules or regulations (204).

; Pleadings
<!--
{{PleadingsHeader}}
{{Pleadings
{{PleadingsSummaryList|s. 201(2) | {{NA}} | No }}
{{PleadingsEnd}}
-->
{{PleadingsAbsolute|s. 201(1) {{DescrSec|201(1)}}, 202 {{DescrSec|202}} and 203 {{DescrSec|203}} }} 

{{PleadingsSummary|s. 201(2) {{DescrSec|201(2)}} }}

; Release
{{ReleaseHeader}}
|s. 201(1) {{DescrSec|201(1)}},<br>s. 202 {{DescrSec|202}} or<br>s. 203 {{DescrSec|203}} || {{ReleaseProfile-Hybrid}} 
|-
|s. 201(2) {{DescrSec|201(2)}} || {{ReleaseProfile-Summary}} 
|-
{{ReleaseEnd}}

{{ReleaseOptions-Hybrid|s. 201(1), 201(2), 202 or 203}}

{{ReleaseOptions-Summary|s. 201(2)}}

:''Fingerprints and Photos''
{{IDCriminalAct|s. 201(1), 202 or 203}} <!-- s. 201 does not apply to ID CRIMINAL ACT -->

; Publication Bans
{{GeneralPubBan}}

; Offence Designations
{{DesignationHeader}}
|-
|s. 201(1) {{DescrSec|201(1)}},<br>s. 202(1)(e) {{DescrSec|202(1)(e)}} || {{OKMark}} <!--wire--> || {{XMark}} <!--DO-->||{{XMark}} <!--SPIO--> || {{XMark}} <!--consent--> || {{XMark-Under10}}
|-
|s. 201(2) {{DescrSec|201(2)}}<Br>s. 202(1)(a) to (d), (f) to (g) {{DescrSec|202(1)(a) to (d), (f) to (g)}}<br>s. 203 {{DescrSec|203}} and<Br>s. 204 {{DescrSec|204}}  || {{XMark}} <!--wire--> || {{XMark}} <!--DO-->||{{XMark}} <!--SPIO--> || {{XMark}} <!--consent--> || {{XMark-Under10}}
{{DesignationEnd}}

{{SeeBelowForAncillary}}

{{reflist|2}}

==Offence Wording==
{{quotation2|
; Keeping 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.
<br>
R.S., c. C-34, s. 185;
{{LegHistory10s|2019, c. 25}}, s. 70.
<br>
|{{CCCSec2|201}}
|{{NoteUp|201|1|2}}
}}

{{quotation3|
; 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,<br>
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.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 202; 
{{LegHistory00s|2008, c. 18}}, s. 5.
|{{CCCSec2|202}}
|{{NoteUp|202|1|2}}
|{{Terms-
|"bet" (s. 197)
|"gaming equipment" (s. 197)
|"place" (s. 197)
}}
}}

{{quotation2|
; 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,
<br>
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.
<br>
R.S., c. C-34, s. 187; 
{{LegHistory70s|1974-75-76, c. 93}}, s. 11.
|{{CCCSec2|203}}
|{{NoteUp|203}}
}}

{{quotation2|
204<br>
{{removed|(1), (1.1), (2), (3), (4), (5), (6), (7), (8), (8.1), (9) and (9.1)}}
; Contravention
(10) Every person who contravenes or fails to comply with any of the provisions of this section or of any regulations made under this section is guilty of
:(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
:(b) an offence punishable on summary conviction.

{{removed|(11)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 204; 
R.S., {{LegHistory80s|1985, c. 47 (1st Supp.)}}, s. 1; 
{{LegHistory80s|1989, c. 2}}, s. 1; 
{{LegHistory90s|1994, c. 38}}, ss. 14, 25; 
{{LegHistory00s|2008, c. 18}}, s. 6.
|{{CCCSec2|204}}
|{{NoteUp|204|10}}
}}

===Draft Form of Charges===
{{seealso|Draft Form of Charges}}
{{DraftHeader}}
|-
| 202(1)(a)
| 
|"{{ellipsis1}}, did use or allow to be used, a place under his or her control, to wit: [location, including address], for the purpose of recording or registering bets or selling a pool, {{contrary|202(1)(a)}}."
|-
| 202(1)(b)
| 
|"{{ellipsis1}}, {{contrary|202(1)(b)}}."
|-
| 202(1)(c)
| 
|"{{ellipsis1}}, {{contrary|202(1)(c)}}."
|-
| 202(1)(d)
| 
|"{{ellipsis1}}, {{contrary|202(1)(d)}}."
|-
| 202(1)(e)
| 
|"{{ellipsis1}}, {{contrary|202(1)(e)}}."
|-
| 203(a)
| 
|"{{ellipsis1}}, {{contrary|203}}.
|-
| 206(1)(a)
| 
|"{{ellipsis1}}, {{contrary|206(1)(a)}}."
|-
| 209
| cheating
|"{{ellipsis1}}, did, with the intent to defraud [name1], cheat while playing the game [name of game], in holding stakes for the game [name of game], or in betting on [name of game] {{contrary|209}}."
{{DraftEnd}}

==Proof of the Offences==

{{ElementHeader}}
{{ElementLeft}}

{{Proving|Keeping gaming or betting house|201(1)}}
{{InitialElements}}
# {{box}} the culprit "keeps a common gaming house or common betting house".

{{Proving|Person found in or owner permitting use|201(2)}}
{{InitialElements}}
# {{box}} the culprit is either:
## {{box}} found "in a common gaming house or common betting house ''and'' does not have a "lawful excuse" or
## {{box}} 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|202(1)}}
{{InitialElements}}
# {{box}} the culprit either:
## {{box}} uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;
## {{box}} 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;
## {{box}} has under his control any money or other property relating to a transaction that is an offence under this section;
## {{box}} records or registers bets or sells a pool;
## {{box}} 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;
## {{box}} 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;
## {{box}} 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";
## {{box}} 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;
## {{box}} 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
## {{box}} aids or assists in any manner in anything that is an offence under this section.

{{Proving|Placing bets on behalf of others|203}}
{{InitialElements}}
# {{box}} the culprit either:
### {{box}} 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,
### {{box}} 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
### {{box}} 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,

{{ElementEnd}}

==Interpretation of the Offence==
; Purpose
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.<Ref>
{{CanLIIRP|Michael|fp05g|1974 ALTASCAD 48 (CanLII)|5 WWR 749}}{{PerABCA|Moir JA}}{{atL|fp05g|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.")
</ref>

; "Bookmaking"
The term bookmaking refers to the profession of taking or negotiating bets, keeping betting accounts. It is not limited to horseracing.<Ref>
{{CanLIIRP|Decome|1phlm|1991 CanLII 3847 (QC CA)|63 CCC (3d) 460}}
</ref>

; "Betting"  and "Gaming"
Acquiring a share of a lottery ticket can be a form of gaming or betting.<Ref>
{{CanLIIRP|World Media Brokers Inc|g93qf|1998 CanLII 27760 (ON CJ)|132 CCC (3d) 180}}{{perONCJ|Fairgrieve 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.")
</ref>

; Keeping Betting Devices (202(1)(b))
To make out an offence under s. 202(1)(b), the Crown is required to prove:
<ref>
{{CanLIIRP|Kent|1frrb|1994 CanLII 62 (SCC)|[1994] 3 SCR 133}}
</ref>
# "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".

An honest and reasonable belief that the illegal devices were legal is not a defence.<ref>
{{CanLIIR|Potter|hv0w6|1978 CanLII 2532 (PE SCTD)|39 CCC (2d) 538 }} 
</ref>

; 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.<ref>
{{supra1|Michael}}{{atL|fp05g|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.")
</reF>

; Disseminate Betting Information (202(1)(f))
The source of the information making up an offence under s. 202(1)(f) does not have to be from an illegal operation.<REf>
{{CanLIIRP|Ede|gb40z|1993 CanLII 14672 (ON CA)|84 CCC (3d) 447}}{{TheCourtONCA}}
</ref>

; Constitutionality
Section 199 does not violate the Charter.<ref>
{{CanLIIRx|Huynh|272dc|2009 ABQB 637 (CanLII)}}{{perABQB|Hawco J}}
</ref>

The provision of s. 202(1)(b) is ''intra vires'' the authority of Parliament criminal law making powers.<ref>
{{CanLIIRP|J.B.L. Amusements Ltd.|27pvl|1998 CanLII 18037 (NL CA)|123 CCC (3d) 419}}{{perNLCA|Gushue JA}}{{atsL|27pvl|8| to 14}}
</ref>

{{reflist|2}}

===Misc Definitions===
{{quotation2|
; PART VII
; Disorderly Houses, Gaming and Betting
; Interpretation
; Definitions
197 (1) In this Part {{AnnSec|Part VII}},<Br>
'''"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)<br>
'''"common bawdy-house"''' [Repealed, 2019, c. 25, s. 69.1]
<br>
'''"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
:(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; (tenancier)

'''"place"''' includes any place, whether or not
:(a) it is covered or enclosed,
:(b) it is used permanently or temporarily, or
:(c) any person has an exclusive right of user with respect to it; (local ou endroit)
'''"prostitute"''' [Repealed, 2014, c. 25, s. 12]

'''"public place"''' includes any place to which the public have access as of right or by invitation, express or implied. (endroit public)

; Exception
(2) A place is not a common gaming house within the meaning of paragraph (a) or subparagraph (b)(ii) or (iii) of the definition common gaming house in subsection (1) while it is occupied and used by an incorporated genuine social club or branch thereof, if
:(a) the whole or any portion of the bets on or proceeds from games played therein is not directly or indirectly paid to the keeper thereof; and
:(b) no fee is charged to persons for the right or privilege of participating in the games played therein other than under the authority of and in accordance with the terms of a licence issued by the Attorney General of the province in which the place is situated or by such other person or authority in the province as may be specified by the Attorney General thereof.

; Onus
(3) The onus of proving that, by virtue of subsection (2) {{AnnSec1|197(2)}}, a place is not a common gaming house is on the accused.

; Effect when game partly played on premises
(4) A place may be a common gaming house notwithstanding that
:(a) it is used for the purpose of playing part of a game and another part of the game is played elsewhere;
:(b) the stake that is played for is in some other place; or
:(c) it is used on only one occasion in the manner described in paragraph (b) of the definition common gaming house in subsection (1) {{AnnSec1|197(1)}}, if the keeper or any person acting on behalf of or in concert with the keeper has used another place on another occasion in the manner described in that paragraph.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 197;
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 29;
{{LegHistory10s|2014, c. 25}}, s. 12;
{{LegHistory10s|2019, c. 25}}, s. 69.1.
{{Annotation}}
|{{CCCSec2|197}}
|{{NoteUp|197|1|2|3|4}}
}}

{{reflist|2}}

==Exemptions==
* [[Exemptions for Gaming 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 
{{VictimHeader}} <!-- Sections / Notice of Agree / Notice of Restitution / Notice of VIS --> 
|s. x {{DescrSec|x}} || || || 
|- 
{{VictimEnd}}

<!--
{{606Notice5Y|XX}}
{{606NoticeSPIO|XX}}
-->
{{RestitutionNotice}}

{{VISNotice}}

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

; Maximum Penalties
{{MaxPenaltyIndictment|s. 201(1) and 202(2)|'''{{Max2Years}}'''}}

{{MaxPenaltySummary|s. 201(2)|'''{{Max2Years}}'''| '''{{summaryconviction}}'''}}

; Minimum Penalties
{{NoMinimumPenalties1|s. 201(1) and (2)}}

{{MinPenalty|s. 202 and 203 have a mandatory minimum of '''14 days''' jail on a second conviction and '''3 months''' jail on three or more convictions}}

; Available Dispositions
{{SProfileAvailHeader}}
|s. 201(1) and (2), 202(2) <br>  || {{NA}} ||  {{SProfileAll}}
|-
|s. 202 and 203 <br> With prior convictions || {{NA}} ||  {{SProfileOnlyJail}}
|-
{{SProfileEnd}}

{{AllDispositionsAvailable}}

; Consecutive Sentences
{{NoConsecutive}}

; Ranges
Discharges, either conditional or absolute, are a possible disposition for first-time offenders.
<ref>
{{CanLIIRP|Colosimo|fnl2r|2011 MBPC 70 (CanLII)|271 Man R (2d) 198}}{{perMBPC|Pollack J}}</ref>

{{reflist|2}}

==Ancillary Sentencing Orders==
{{seealso|Ancillary Orders}}
	
; Offence-specific Orders
* None

; General Sentencing Orders
{{GeneralSentencingOrders(S)‏}}

; General Forfeiture Orders
{{GeneralForfeitureOrders(S)}}

==Record Suspensions and Pardons== 
{{RecordSuspension|s. 201 to 203}}

==History==
* [[History of Gambling Offences]]

==See Also==
* [[Gaming House Warrants]]
* [[Lottery Offences (Offence)]]

; References
* [[Pre-Trial and Trial Motions Checklist]]

[[Category:Straight Summary Offences]]