Gaming House Warrants

This page was last substantively updated or reviewed January 2020. (Rev. # 84063)

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Legislation

Warrant to search

199 (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201 [keeping gaming or betting house], 202 [betting, pool-selling, book-making, etc.], 203 [placing bets on behalf of others], 206 [offences in relation to lotteries and games of chance] or 207 [permitted lotteries] is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found in that place that may be evidence that an offence under section 201 [keeping gaming or betting house], 202 [betting, pool-selling, book-making, etc.], 203 [placing bets on behalf of others], 206 [offences in relation to lotteries and games of chance] or 207 [permitted lotteries], as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.

Search without warrant, seizure and arrest

(2) A peace officer may, whether or not he is acting under a warrant issued pursuant to this section, take into custody any person whom he finds keeping a common gaming house and any person whom he finds therein, and may seize anything that may be evidence that such an offence is being committed and shall bring those persons and things before a justice having jurisdiction, to be dealt with according to law.

Disposal of property seized

(3) Except where otherwise expressly provided by law, a court, judge, justice or provincial court judge before whom anything that is seized under this section is brought may declare that the thing is forfeited, in which case it shall be disposed of or dealt with as the Attorney General may direct if no person shows sufficient cause why it should not be forfeited.

When declaration or direction may be made

(4) No declaration or direction shall be made pursuant to subsection (3) [warrant to search — gaming, lottery, etc. — disposal of property seized] in respect of anything seized under this section until

(a) it is no longer required as evidence in any proceedings that are instituted pursuant to the seizure; or

(b) the expiration of thirty days from the time of seizure where it is not required as evidence in any proceedings.

Conversion into money

(5) The Attorney General may, for the purpose of converting anything forfeited under this section into money, deal with it in all respects as if he were the owner thereof.

Telephones exempt from seizure

(6) Nothing in this section or in section 489 [seizure of things not specified with or without warrant] authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201 [keeping gaming or betting house], 202 [betting, pool-selling, book-making, etc.], 203 [placing bets on behalf of others], 206 [offences in relation to lotteries and games of chance] or 207 [permitted lotteries] and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.

Exception

(7) Subsection (6) [telephones exempt from seizure] does not apply to prohibit the seizure, for use as evidence, of any facility or equipment described in that subsection that is designed or adapted to record a communication.
R.S., 1985, c. C-46, s. 199; R.S., 1985, c. 27 (1st Supp.), s. 203; 1994, c. 44, s. 10; 2019, c. 25, s. 69.2.

[annotation(s) added]

– CCC (CanLII), (DOJ)

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