I thought the "venue" had to be private and non raked for there to be no legality issues. Playing for fun (no money) is of course, not an issue.
When I checked it out a few years ago I was told "a game becomes illegal when someone make a profit from actually holding the game, this would even include selling refreshments". It doesn't matter where it is held.
2 things: First, your logic is extremely flawed, and second, the word "profit" that is mentioned in another post is not used in the relavent section of the criminal code. The correct word is "gain". You do not have to profit from a game to make it illegal, you only must have have realized a gain from it. Recouping only half of your hosting costs, will not make you a profit, but still makes your game illegal!
While I am not sure how this applies to your public venue (the park)..
There have been a few threads on this...but Coles notes:
The relevant Criminal Code is Part VII " Disorderly houses, Gaming and Betting".
The relevant sections of Part VII are sections 197, 201, 204.
Section 197:
This section gives definitions. Under the definitions, a home used for a poker game would fall under the definition of either a "common betting house", or a "common gaming house", depending on how the game is run. Both of these fall under the more general definition of a "disorderly house", which also includes a "common bawdy-house".
Thankfully, Section 197 states that an exemption for these definitions exists when: (1) the keeper of the house does not get any portion of the bets, (2) he does he charge the participants of the games played therein any fee to play or enter the house.
Section 201:
This section simply states that any keeper of a common betting house or common gaming house is guilty of an indictable offense, as well as any persons found on the premises of such a house. The maximum sentence if found guilty is up to two years.
Section 204:
This is the critical part of the Criminal Code (for us) that allows home poker games to be conducted legally.
Two explicit exemptions are already found in Section 197's definitions relating to common betting/ gaming houses, but Section 204 provides a broader exemption to offenses under Section 201, by allowing for "private bets between individuals not engaged in any way in the business of betting".
Interpretation:
The interpretation of the Criminal Code, Part VII, s.197, s.204 used by the courts and by the police (as far as I know) is as follows:
Home games are legal, provided that the host ("house") doesn't make a business of it, that is, as long as the host (or anyone else involved) doesn't take a rake, charge an entry fee, make money from it, or profits from it in any way.
Home games are legal, provided that the host ("house") doesn't make a business of it, that is, as long as the host (or anyone else involved) doesn't take a rake, charge an entry fee, make money from it, or profits from it in any way.
It is a grey area, at best, and let no one convince you otherwise! I don't have my copy of Martin's criminal code of Canada handy, but there is a case involving blackjack, that the crown "succesfully" argued a skilled card counter was able to let patrons of a private game play as the house, and still make enough money from them to make a comfortable living, so individual skill could be used as an arguement for "gain"!
According to the AGCO, no instruments of gaming (Chips, cards, etc) can be visible to the public if the game is for money, if there is any reasonable expectation that a minor may be able to see the shenanigans....
Comments
Which is also legal.
Nude? Did u play like that and got caught?
One of my colleague mentioned it might not be legal to play poker in public, so wanted to make sure and YES, we will be dressed-up. Thanks.
I should have mentioned about chips in my first post. yes we were thinking of using poker chips
Your colleague is an idiot. /thread
Illegal?
Even then I am pretty sure it is still legal as long as nobody is taking a house rake.
Legal.
Are you available to represent me in court next month? I've been looking for a great legal mind such as yours.
Anything worthwhile to add to this post?
Do not f with the Universal Translator. It will own you.
When I checked it out a few years ago I was told "a game becomes illegal when someone make a profit from actually holding the game, this would even include selling refreshments". It doesn't matter where it is held.
Translation: I am wise beyond my years!
2 things: First, your logic is extremely flawed, and second, the word "profit" that is mentioned in another post is not used in the relavent section of the criminal code. The correct word is "gain". You do not have to profit from a game to make it illegal, you only must have have realized a gain from it. Recouping only half of your hosting costs, will not make you a profit, but still makes your game illegal!
There have been a few threads on this...but Coles notes:
What if the host is really good at poker?
It is a grey area, at best, and let no one convince you otherwise! I don't have my copy of Martin's criminal code of Canada handy, but there is a case involving blackjack, that the crown "succesfully" argued a skilled card counter was able to let patrons of a private game play as the house, and still make enough money from them to make a comfortable living, so individual skill could be used as an arguement for "gain"!