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Section 3: Gambling Law and Law Enforcement -- Lottery Gambling and the Canadian Criminal Code (From Gambling in Canada: Golden Goose or Trojan Horse?, P 115-125, 1989, Colin S. Campbell and John Lowman, eds. -- See NCJ-126295)

NCJ Number
126302
Author(s)
M Bourgeois
Date Published
1989
Length
11 pages
Annotation
Canadian criminal law, at first glance, appears to prohibit all lottery-related activities with four exceptions: provincial government lottery schemes, charitable or religious organization fundraisers, fairs and exhibitions, and licensed schemes operated at public places of amusement. However, there are at least three types of unauthorized lottery activity in Canada, namely mail order sales, gaming machines, and number combination sales.
Abstract
Mail order organizations purchase lottery tickets issued by the provincial governments and resell them to foreign purchasers through the mail or through subscriptions. There have been questions regarding the legality of such operations, however, two appeal court cases suggest that there remain serious obstacles to successful prosecution. Although, according to the law, only provincial governments can legally exploit gaming machines, there has been a proliferation of poker, bingo, and blackjack machines in recent years. Most machines are found in pubs and convenience stores. Because free game machines are legal, the gray area of cash payout machines has made enforcement difficult; however, a recent court decision may render the illicit gray area activities more controllable. Number combination sales, which promoters offer with a "money back guarantee" are very popular in Canada. While such schemes probably violate the "Criminal Code" since they contain the three elements of a lottery, to date, no criminal proceedings have been initiated against such promotions. 5 notes

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