Social Club

Jelaltd

What is the law with opening a card club or social club to play cards i.e Poker. I know gambling is illegal but is there any way around this issue i.e giving gift certificates to the winner.

Any criminal lawyers out there.

ScottyZ

Playing poker is not illegal in Canada, given that certain conditions are met.

See Part VII of the Criminal Code (in particular Sections 197 and 201) for the whole story. Or better yet, ask a real life lawyer.

You can basically play a game of combined skill and chance (such as poker) as long as no particular subset of players, or the house, has any kind advantage over the other players. The house may not profit directly or indirectly from the fact that you are playing poker there.

In my opinion, you would probably not be able to get away with things like:

1. Claiming to be a social club, unless you actually *are* an "incorporated genuine social club" (Criminal Code, VII, Sec 197)

2. Disguising the money which is bet and paid out as some sort of tokens, credits, gift certificates, etc. (The last especially, since this may be also interpreted as an inderect benefit to some "house".)

3. Disguising house fees and/or rake as donations, equipment rental fees, administrative fees, etc.

Big Disclaimer:
You'll have to talk to a real lawyer and (most likely) pay them money in order to get any legal advice with any substance that you might be able to use. I'm nothing even close to a lawyer. And I never posted this. I swear.

ScottyZ

Jelaltd

How about I rent a crappy industrial spot, put a bed and a kitchen in there and say I live there. Have poker games everynight like they are home games. Is that legal? I take it gambling in a home game is legal in Toronto?

ScottyZ

Whether or not you live (or are pretending to live) somewhere that a poker game is going on does not change the legality or illegality of that poker game.

I take it gambling in a home game is legal in Toronto?

Yes, under ceratin conditions.

ScottyZ