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Supreme Court of Canada to consider appeal on legality of online betting and gaming

The appeal questions whether online gaming and sports betting is still lawful under Canada’s Criminal Code if users wager on events involving individuals located outside of the country.

2 min read
Ontario Supreme Court
Key Points
The Atlantic Lottery Corporation, British Columbia Lottery Corporation, Manitoba Liquor and Lotteries Corporation and Loto-Québec brought forth the appeal
Plans to consider the legislation will be carried out by the Supreme Court of Canada on 7 October

The Supreme Court of Canada is set to consider an appeal on the legality of iGaming and sports betting for wagers involving individuals located outside of the country, originally brought forth by The Atlantic Lottery Corporation, British Columbia Lottery Corporation, Manitoba Liquor and Lotteries Corporation and Loto-Québec. 

While the Atlantic Lottery, British Columbia Lottery and Manitoba Liquor and Lotteries were all part of the original group who introduced the appeal, Loto-Québec was added as an appellant on 2 April. 

The appeal questions whether iGaming and online sports betting in Ontario would remain lawful under the country’s criminal code if residents were placing wagers on events involving individuals located outside of Canada. 

Justice Katherine van Rensburg had previously found that Ontario’s involvement in the “international liquidity” of such wagers would “contravene” the Criminal Code’s gaming prohibitions and fall outside any exemptions. 

The Supreme Court of Canada will consider the appeal on 7 October, while the Atlantic Lottery Corporation originally filed its notice of appeal during December 2025. According to previous hearings on the appeal, the question of to what legal extent such wagers fall under the Criminal Code will be the prominent consideration. 

In an attempt to ensure safer gambling across the province, the Responsible Gambling Council (RGC) plans to expand its gambling harm prevention resources from 20 to 40 college and university campuses, made possible through a new partnership with iGaming Ontario on 23 September. 

iGaming Ontario’s support will allow the RGC to provide “at least” 10,000 student education kits, planned to be distributed throughout the 2026-2027 academic year. 

As part of an interactive education program hosted by the RGC, peer-aged educational ambassadors lead prevention conversations, answer questions and share support, including Ontario's centralized self-exclusion tool – BetGuard.

iGaming Ontario launched the BetGuard self-exclusion tool for online players in May, having collaborated with government partners, responsible gaming experts and licensed operators to develop the program.

Good to know

Ontario’s regulated online gambling market generated CA$396.3m in non-adjusted gross gaming revenue for August 2026, according to data released by iGaming Ontario on 24 September

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