Alberta Joins Supreme Court Battle Over Canada’s iGaming Outlook

(AsiaGameHub) –   Canada’s top court will hear from Alberta in a gambling case that could impact online sports betting, poker, paid DFS, and casino gaming nationwide. The outcome is also significant for Alberta’s own iGaming launch scheduled for July 13.

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Good to Know

• Alberta is permitted to submit a 10-page factum and present a five-minute oral argument.
• The case has the potential to influence poker liquidity, paid DFS, online casino gaming, and sports betting across Canada.
• Alberta believes the appeal could shape the operational framework of the iGaming Alberta Act.

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Alberta Secures Role in Case That Could Reshape Canada’s iGaming Market

Alberta has gained a position in a pivotal gambling case before the Supreme Court of Canada. On Monday, the court granted the Attorney General of Alberta permission to intervene, allowing the province to submit a factum of up to 10 pages and deliver a five-minute oral argument during the upcoming hearing.

This access is subject to certain limitations. Alberta is not allowed to argue for a specific outcome of the appeal, introduce new issues, present additional evidence, or reiterate arguments already made by other parties.

The court’s decision states:

“The intervener is not entitled to express a position on the disposition of the appeal, to raise new issues, to adduce further evidence or otherwise to supplement the record of the parties.”

It further clarifies:

“The intervener is not permitted to advance submissions that duplicate those of the other parties.”

Despite these restrictions, Alberta will now have a voice in a case that could significantly alter the landscape of online sports betting, internet casino gaming, daily fantasy sports, and poker operations in Canada. This is particularly relevant as Alberta is preparing to launch a competitive iGaming market on July 13. Under a new provincial framework, private operators are expected to enter the market alongside Play Alberta, the province’s sole regulated operator currently. Major brands such as bet365, DraftKings, and FanDuel are reportedly preparing for this launch.

Why the Ontario Dispute is Relevant to Alberta

The current case originated from Ontario, which launched its private sector iGaming market in April 2022. Ontario’s regulations classify pay-to-play DFS contests as gambling and mandate that all wagers must be placed from within the province. This has limited the potential for online poker pools and effectively excluded paid DFS from Ontario.

Ontario subsequently sought a ruling from its appeal court on the legality of connecting its online gambling system with players located outside the province. The province contended that shared liquidity would attract more gamblers to the regulated market. Several provincial lottery corporations opposed this view. In November, a majority decision at the lower court supported Ontario’s position, leading the matter to be brought before the Supreme Court of Canada.

If the Supreme Court upholds the lower court’s ruling, poker and DFS players in Ontario could potentially be grouped with players from the United States or other countries. This could make paid DFS a viable option again in Ontario, although success is not guaranteed.

Alberta sees a direct parallel with its own plans. Its July 13 market launch will adopt rules similar to Ontario’s, including the requirement for gamblers to be physically within the province when placing bets. This could impose similar limitations on poker and DFS unless broader liquidity becomes feasible. Alberta has indicated that the Supreme Court case should not impede its market launch, but acknowledges that the outcome could influence the new market’s functionality.

In its submission, Alberta stated that its legislation does not prohibit individuals from outside Canada from participating in games operated by regulated provincial entities, provided that the authorities in those other countries permit it. The province argued:

“Consequently, this appeal will have a significant impact on determining the legality and operation of the iGaming Alberta Act,” and added that “the views of AGAB should be considered by this Court.”

The same filing outlined Alberta’s desired legal interpretation. It argued that federal criminal law should be interpreted in a „flexible and broad manner so that it does not conflict with valid provincial legislation regulating gaming.“

Opposition Already Established

This stance aligns Alberta closely with Ontario and places it in opposition to government lottery groups in Atlantic Canada, British Columbia, and Quebec. Quebec was approved as an appellant on April 2. These groups, often collectively referred to as the Canadian Lottery Coalition, have argued that allowing provinces to access international iGaming liquidity could lead to detrimental consequences and set a problematic precedent.

Other approved interveners include the Canadian Gaming Association and Flutter Entertainment PLC, the owner of FanDuel. A hearing date has not yet been scheduled.

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FAQ

What did Alberta achieve at the Supreme Court of Canada?

Alberta successfully obtained leave to intervene in a gambling case, granting it the right to submit a 10-page factum and deliver a five-minute oral argument.

Can Alberta fully argue its case?

No. Alberta is restricted from advocating for a specific outcome, introducing new issues or evidence, or repeating arguments already presented by other parties.

Why is this case important for Alberta?

Alberta is set to launch a regulated iGaming market on July 13, and the court’s decision could impact how the market handles poker, DFS, casino gaming, and sports betting.

Which operators are expected to enter Alberta’s new market?

Prominent brands mentioned in the report include bet365, DraftKings, FanDuel, and Play Alberta.

What initiated the legal dispute?

Ontario’s 2022 iGaming launch and its regulations concerning pay-to-play DFS and in-province wagering were key factors that led to the current legal challenge.

What could be the consequence if the lower court’s ruling is upheld?

Players of poker and DFS in Ontario might be able to participate in games alongside players from the United States or other countries.