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In Smith, the onus was on the defendant to establish that the plaintiff's social media accounts had relevant information. The letters are reported to have raised potential concerns under Canada's anti-spam legislation, the Personal Information Protection and Electronic Documents Act and the Competition Act.
Financial advertising in Canada is primarily regulated by the federal, provincial and territorial governments, which have enacted advertising laws of general and more specific application.
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There are no slot machines available in two of the three territories Nunavut and Northwest Territories , while they are available in Yukon.
Private companies are prohibited from operating any type of gambling machine anywhere in Canada except pursuant to a registration issued by a provincial regulator.
The type of payment accepted at these machines is dependent entirely on provincial regulation. Having said that, cards are either strongly recommended or required for AML purposes.
Breaches of the federal Code are a matter of criminal rather than civil law and thus the ambit of liability is, in practice, quite narrow.
While the Code is drafted broadly, Canadian courts have exercised their discretion under the principles of statutory interpretation to ensure that such sections are read narrowly, given that they are penal in nature.
On the other hand, the courts do not appear to be as concerned by a broad application of section 2 which provides that every person found without lawful excuse in a common gaming house or common betting house is guilty of a summary conviction offence.
As summary conviction offences are the most minor offences in the Code and typically result in a small fine, courts are willing to convict individuals who are caught in sweeps of illegal sports betting events and large poker operations.
The Code makes it possible for directors, officers and senior management to be charged and convicted of a criminal offence with respect to the activities of their corporation pursuant to the sections of the Code concerning aiding and abetting and parties to an offence sections 21, 22, Breaches of provincial gambling legislation involve, almost by definition, breaches of the requirement to obtain a registration for the supply of gaming services and to comply with the regulations concerning such activity.
The service supplier registered or unregistered, as the case may be is liable, as well as the directors and officers in some cases.
In practice, culpability does not typically flow to individuals if the service was being supplied by a corporation unless there is egregious conduct involved.
Prosecution of gaming offences is not common, primarily because of the monopolistic nature of the industry and the resulting lack of private operators.
As the legislation governing gaming at the top level is criminal, most prosecutions will be criminal. Provincially, prosecutions are administrative for the most part.
On the rare occasion that someone is charged with a gaming-related offence in Canada, it usually involves illegal card houses or other physical sites that are hosting illegal gaming activities.
The most recent example was a series of raids by Ontario police carried out over the months of July, August and September that resulted in at least 60 people being charged with operating illegal casinos, money laundering, possession of firearms, and human trafficking.
While there are no reported cases in which Canada has attempted to extradite an individual from another country in order to face gambling charges in Canada, Canada has agreed to extradite Canadians to the U.
There are no reported cases in which a Canadian court has chosen to take jurisdiction over a case involving gambling activities that took place outside of Canada, or over cases involving gambling services provided to Canadians by persons located outside of Canada.
If the debt is incurred in a legally operated gambling facility, such debts are considered a form of consumer debt and are treated accordingly.
However, if the gambling debt is incurred in the course of illegal or private gambling, provincial gaming laws prohibit the use of civil proceedings to collect such debts.
As an example, section Have fines, licence revocations or other sanctions been enforced in your jurisdiction? As indicated in question 4.