The Supreme Court of Canada heard an appeal on October 7 on whether legal online casino and sports betting would remain, so users could participate in games and betting involving individuals outside Canada.
The appeal
The appeal was brought by the Atlantic Lottery Corporation, British Columbia Lottery Corporation, Manitoba Liquor and Lotteries Corporation and Loto-Québec, which was added to the appeal on April 2.
The case stems from a reference by Ontario's government. On November 12, 2025, the Court of Appeal for Ontario ruled 4-1 that provincially regulated gaming involving players outside Canada is permitted under the Criminal Code.
The Court of Appeal's findings
In their ruling, the four judges found that whether people in other countries can take part in provincially run lottery schemes is a matter for those countries. They said: "Whether people in other countries should be allowed to take part in provincially-run lottery schemes should be determined by the governments of those countries."
They also added that Parliament's purpose in enacting the section was to "replace criminalization of lottery schemes with provincial regulation, minimizing harm and empowering the provinces to make gaming policy under the Code's broad parameters."
Justice van Rensburg was the lone dissenting judge on the five-judge panel. She concluded that allowing Ontario players to play with those outside of Canada would contravene the Criminal Code's gaming prohibitions.
One of the reasons behind her dissent was concern for player safety. She said: "The goal of preventing and addressing the potential harms of gaming requires the province to control the games and the gaming framework in which the players participate. This cannot be achieved if the scheme is not conducted and managed in that province."
The Supreme Court hearing
The Supreme Court heard almost three hours of argument on October 7 and reserved its decision, with no date given for a ruling. Ontario's counsel argued the Criminal Code limits provinces from intruding on each other's gaming but doesn't stop a province from dealing with other countries.
The lottery corporations argued that the Court of Appeal reasoned backwards by relying on the absence of an express ban, and that a game with players abroad can't be conducted "in the province".
The Canadian Gaming Association, Alberta, Flutter and NSUS Group backed Ontario. Justices pressed both sides. Justice Rowe criticized Ontario's explanation of how it would control the arrangement, and Justice Jamal said the legislation isn't "crystal clear".
Gambling harm prevention on campuses
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, only made possible through a new partnership with iGaming Ontario annonunced September 23.
This education program will fund at least 10,000 education kits. When news broke about the new partnership, RGC CEO Sarah McCarthy commented: "Young adults are growing up in a world where betting is woven into how they watch and talk about sports.
"Meeting students on campus, in the moments that matter, is how we help them understand the risks and know their options. With iGaming Ontario's support, we can now do that on almost all publicly funded campuses in the province."
