Canadian Poker Laws
Just wondering about Canadian Poker laws in respect to hosting games:
First if the house or person hosting the tourney don't make any money from game (ie the rake) does it make it legal for them to host the game?
Can a company or person rent chips or a table to someone like a pool hall does and have a poker lounge instead of a pool hall?
Can a bar have poker games in its establishment as long as its not profiting from each hand played?
Just curious
First if the house or person hosting the tourney don't make any money from game (ie the rake) does it make it legal for them to host the game?
Can a company or person rent chips or a table to someone like a pool hall does and have a poker lounge instead of a pool hall?
Can a bar have poker games in its establishment as long as its not profiting from each hand played?
Just curious
Comments
Poker is legal to be played in a private residence as long as the owner of the residence does not collect a rake. Players can chip in for pizza and beer without any problem.
Suppose you were to host a tourney in your home. Again, no problem, as long as you do not collect a fee. For example, if the guys all think it is ok to waive you entry fee because you are the host, it could be argued that you are now a "gaming house" under the Criminal Code.
As far as public places, like a pool hall, it gets even uglier. First off, I would suggest that the pool hall's renting of chips or table space would be in violation of the definition of a gaming house. Secondly, if the pool hall so much as sold a player a coke(or for you other people, pepsi), they would be considered as gaining profits from the game. Again, this would make them a gaming house. I would suggest that doing so in a bar would put the bar's liquor permit in grave danger.
That being said, I also spoke with an RCMP officer who told me that they do not go in search of these games unless a complaint has been made. This, of course does not make it ok, but I guess the message is, "Evaluate the risk and then make your decision."
I also asked if it was legal to set up a "social club" where players could come to play poker for a membership fee. This was also considered illegal, unless you can get your provincial government to license it. In my opinion, this is virtually impossible.
My advice, play in private residences without a rake/fee, or play at a casino. If you disagree, talk with a lawyer.
I have also had a discussion with Dave Scharf about this issue in the past. His comment that "judges aren't stupid" stuck out in my mind that trying to twist the law into your favor on this is probably not the way you want to go. Perhaps he, or others here at the forum can add other thoughts that I may have overlooked.
Not necessarily. The game also cannot be generate "indirect profit" or be "kept for gain".
My feeling is that it would be rare for the typical no fee/rake home game to encounter legal difficulties related to the poker.
If there is a reasonable expectiation that the items will be used to run a poker game which generates a direct or indirect profit, then this would be illegal.
If there is a reasonable expectation that the bar would make excess profit due to the fact that there was a poker game going on, then this would be illegal.
Have a look at the Criminal Code (primarily sections 197 to 202) if you are "just curious", or consult a lawyer if these questions are of real-life significance to you.
Standard disclaimer applies.
ScottyZ