Gambling Offences (Offence): Difference between revisions

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).

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

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:(j) aids or assists in any manner in anything that is an offence under this section.

<br>

(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;

==Interpretation of the Offence==

Section 199 is constitutional.<ref>

''R v Huynh'', [http://canlii.ca/t/272dc 2009 ABQB 637] (CanLII){{perABQB|Hawco J}}

===Presumptions===

{{quotation|

198 (1) In proceedings under this Part,

:(a) evidence that a peace officer who was authorized to enter a place was wilfully prevented from entering or was wilfully obstructed or delayed in entering is, in the absence of any evidence to the contrary, proof that the place is a disorderly house;

===Misc Definitions===

{{quotation|

197 (1) In this Part,<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)

:(e) uses a place permanently or temporarily, with or without the consent of the owner or occupier thereof; (tenancier)

<br>...<br>

(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.

(3) The onus of proving that, by virtue of subsection (2), a place is not a common gaming house is on the accused.

<br>

{{NoConsecutive}}

Discharges, either conditional or absolute, are a possible disposition for first-time offenders.

<ref>''R v Colosimo'',  [http://canlii.ca/t/fnl2r 2011 MBPC 70] (CanLII){{perMBPC|Pollack J}}</ref>

:(j) aids or assists in any manner in anything that is an offence under this section.

(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;

* [[Gaming House Warrants]]

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