Quote:
Originally Posted by newdude
Canada's laws favour freedom of poker, maybe you understand something I don't know of but I expect nothing to get worse for Canadians in this regard. If it does the courts will eventually straighten it out. I would expect this:
These lawyers would disagree with you
http://www.heydary.com/publications/...rs_canada.html
"Criminal Prohibitions
Part VII of the Criminal Code of Canada (the “Code”) makes it an offence to operate a commercial gaming enterprise. Although these sections were enacted to deal with traditional gambling in Canada, they have also been applied to most forms of Internet gaming. Except for gaming conducted over the Internet by a provincial government, online gaming continues to be illegal in Canada.
What if only some of the relevant gaming activities occur on Canadian soil?
According to R. v. Libman (1985), 21 D.L.R. (4th) 174, a person may be convicted for acts undertaken in Canada in pursuit of a commercial gaming enterprise even where Canadians are not involved in the gaming or the placing of bets or wagers.
On the issue of Internet jurisdiction, the Federal Court of Appeal in SOCAN v. Canadian Association of Internet Providers (2002), 215 D.L.R. (4th) 118 (“Tariff 22”), found that the location of the host server was not conclusive in determining the jurisdiction of Internet activity. The most significant connecting factors to Internet activity were held by the court to be the location of: 1) the content provider, 2) the end user, and 3) the intermediaries, in particular the host server.
According to R. v. Nelson, [1997] M.J. No. 654; affirmed [1999] M.J. No. 382 , the purpose of the gaming, betting and wagering sections of the Code are to prevent persons from attempting to profit from the gaming of others. Accordingly, courts will consider both the intent and effect of an Internet enterprise where Canadian residents are either spending money on, or profiting from, commercial gaming in order to determine whether sufficient “connecting factors” exist to justify extending criminal jurisdiction over the activity."
Amaya is a publicly traded company in Canada. Amaya has contracts and provides gaming to provincial lottery corporations. Amaya would like to be involved with providing software for all types of regulated gaming in Canada as our provinces slowly adopt and regulate online gaming.
If, despite all this, Amaya decided to:
1. Risk breaking Canadian law and opening themselves up to lawsuits from their shareholders
2. Abandon any chance of participating in the regulated environment that gaming in Canada is moving towards
they would certainly become a major target for provincial lotteries to pressure law enforcement to take action.
Not a lot of upside to staying.
Add all these up and I don't see how Stars can stay in Canada.