Keeping Gaming or Betting House Laws in Canada Explained
Keeping gaming or betting house falls under Section 201 and 202 of the Criminal Code of Canada. It prohibits a person from enabling, encouraging, or assisting persons, or with the keeping of bets or gaming where a fee is charged to players and which all or any portion of proceeds is paid to or kept by the keeper. Specifically, section 202 pertains to gambling in relation to book-keeping, by allowing a bet to be registered or placed under their control.
Keeping gaming or betting house is a dual/hybrid offence, which means that the crown prosecutor may proceed by indictment or summarily. If convicted, and the crown proceeds by indictment, the maximum punishment is two (2) years imprisonment. Pertaining to section 202, it is an indictable offence of not more than two (2) years for a first offence.
Examples
An example of a charge of Keeping gaming or betting house may include the following:
- A person operates a poker game out of a residence where a fee is charged by the operator to people who attend to play poker.
- A person takes bets from various people in relation to a sporting event, controlling monies wagered on the outcome and registered the bet for payout.
- A person operates a blackjack game out of a residence where a fee is charged by the operator to people who attend to play blackjack.
Defences
The defences available to a charge of Keeping gaming or betting house are entirely dependent on the facts of your case.
However, some defences to a charge of Keeping gaming or betting house may include:
- The accused did not have knowledge of where they were working (for an illegal operator) was illicit and were merely taking instructions from an ostensible employer
- The accused was unaware that their role in the operation of keeping gaming or better house was an offence.
Punishment
Keeping gaming or betting house is a dual/hybrid offence, which means that the crown prosecutor may proceed by indictment or summarily. If convicted, and the crown proceeds by indictment, the maximum punishment is two (2) years imprisonment. Pertaining to section 202, it is an indictable offence of not more than two (2) years for a first offence.
Overview of the Offence
According to s. 201(1) of the Criminal Code:
Fraudulent use of certificate of citizenship
58 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, while in or outside Canada
(a) uses a certificate of citizenship or a certificate of naturalization for a fraudulent purpose, or
(b) being a person to whom a certificate of citizenship or a certificate of naturalization has been granted, knowingly parts with the possession of that certificate with intent that it should be used for a fraudulent purpose
Definition of certificate of citizenship and certificate of naturalization
(2) In this section, certificate of citizenship and certificate of naturalization, respectively, mean a certificate of citizenship and a certificate of naturalization as defined by s. 2(1) of the Citizenship Act.
“Certificate of citizenship” is defined as a certificate of citizenship issued or granted under the Citizenship Act or under the former Act.
“Certificate of naturalization” is defined as a certificate of naturalization granted under any Act that was in force in Canada at any time before January 1, 1947.
The Guilty Act (Actus Reus)
The actus reus for a charge of Keeping gaming or betting house under s.201 and 202 is established by proof, beyond a reasonable doubt, of the following:
- The accused places uses a place under their control for betting, or keeps records of bets of others under their control to be used for the purpose of recording or registering bets or selling a pool;
The Guilty Mind (Mens Rea)
The mens rea for a charge of Keeping gaming or betting house under s. 201 and 202 includes proving, beyond a reasonable doubt, that:
- The accused had knowledge that the bets, or records kept of bets of others under their control to be used for the purpose of recording or registering bets or selling a pool was for an illegal purpose
Defences
How to Beat a Charge of Keeping gaming or betting house
Every case is different. The availability and strength of any defence depend entirely on the specific facts of your case. The strength of any available defence rests on the evidence against you and the precise details of the allegations. However, the following are some common defences that may be used when fighting a charge of Keeping gaming or betting house:
Factual innocence
A strong defence against a Keeping gaming or betting house charge is to maintain that you are factually innocent. If you can show that the facts and the evidence do not support the charge.
Lack of Intent/Mistake
If you can show that you were never seeking to commit the offence of Keeping gaming or betting house, this may be a defence. For you to be convicted of Keeping gaming or betting house, the crown must prove the elements of the offence beyond a reasonable doubt
Identity
Depending on the circumstances of your case, a possible defence toKeeping gaming or betting house charge may be to raise an identity defence. In this case, for this defence to be raised successfully, you will have to prove that you were not the person who committed the prohibited acts.
You may have to provide evidence that you were not in possession of items or recordings pertaining to Keeping gaming or betting house.
Any applicable Charter defences
The Charter sets out your rights and freedoms before and after your arrest. If the police fail to abide by these rights deliberately or inadvertently, it could aid in your defence. If any of your Charter rights have been violated before or after your arrest, you may be able to have some or all of the evidence that the Crown is relying on to secure a conviction excluded under s. 24(2) of the Charter.. For example, if the police executed a search warrant at a location under your control, and the search was improperly conducted, this may give rise to a Charter defence.
Punishments
The Criminal Code provides for a possible maximum term of imprisonment of no more than 2 years imprisonment.
Frequently Asked Questions
What does Keeping gaming or betting house mean?
Possession of prohibited or restricted weapon with ammunition under section 95(2) of the Criminal Code of Canada pertains to the use of a prohibited or restricted firearm with ammunition, in the commission of an offence.
Is Keeping gaming or betting house an indictable offence?
Keeping gaming or betting house is a dual/hybrid offence. Therefore, the crown may proceed by either indictment, or summarily.
Can you go to jail for Keeping gaming or betting house?
If you are convicted of Keeping gaming or betting house, the maximum punishment is 2 years imprisonment if the crown proceeds by indictment. Therefore, there is a possibility that you can go to jail if convicted.
Published Decisions
R v. Volante
The accused owned gaming machines and had put them in a cafe in the city of Toronto owned by other parties. When police were conducting a search of the premise, the accused was present counting monies from the gaming machines. The crown conceded the accused did not have the necessary requisite degree of control over the care and management where the machines were located, and therefore the accused was not acquitted under section 201 of the Criminal Code.
You can read the full decision here.
R v Jourdain
The accused was the manager of a facility charged with keeping a common gaming house contrary to section 201(1) of the Criminal Code. The police served a notice on the band chief of the First Nation where the bingo hall where the accused was manager was located, suspending its licence under the provincial regulator.
The accused was found not guilty based on the fact that merely failing to comply with a provincial regulator did not constitute a criminal offence under section 201(1) of the Criminal Code.
You can read the full decision here.
R v. Gardner
The accused was charged with keeping a gaming house on First Nations Territory of Eagle Lake contrary to Section 201(1) of the Criminal Code, where police alleged it was an unlicensed bingo event. The accused was selling bingo cards at a hockey arena where police observed her. The accused was ultimately convicted of keeping a common gaming house.
You can read the full decision here.
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About The Author
Michael Oykhman
Managing Partner
Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.
My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.
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