Criminal Code of Canada - section 197(4) - Effect when game partly played on premises

section 197(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines what constitutes a common gaming house, including scenarios where only part of a game is played or where the stake is played for in another place.

SECTION WORDING

197(4) A place may be a common gaming house notwithstanding that (a) it is used for the purpose of playing part of a game and another part of the game is played elsewhere; (b) the stake that is played for is in some other place; or (c) it is used on only one occasion in the manner described in paragraph (b) of the definition "common gaming house" in subsection (1), if the keeper or any person acting on behalf of or in concert with the keeper has used another place on another occasion in the manner described in that paragraph.

EXPLANATION

Section 197(4) of the Criminal Code of Canada deals with the definition of a common gaming house. A common gaming house is any place that is used for the purpose of playing a game for money or other valuable consideration, and it is illegal under Canadian law. This section outlines the various situations in which a place may still be considered a common gaming house, even if only part of a game is played or the stake is played for at a different location or only used on one occasion. Subsection (a) applies to situations where part of a game is played at one location, and another part of the same game is played elsewhere. The fact that the game is divided and played in different locations does not exempt both locations from being considered a common gaming house. Subsection (b) applies to situations where the money or valuable consideration being wagered is located elsewhere than the place where the game is being played. This could include betting on a game remotely, for example, through an online platform. The location of the stake does not change the fact that the place where the game is being played is a common gaming house. Subsection (c) applies to situations where a place is only used once for the purpose of playing a game for stakes at a different location, but the same person or group of people has used another location for the same purpose on another occasion. This means that even if a place is only used once, it can still be considered a common gaming house if the person running the game has used another location for the same purpose previously. Overall, Section 197(4) is important because it ensures that the law can still be upheld in cases where people attempt to circumvent the definition of a common gaming house. The various situations outlined in this section are intended to prevent individuals from exploiting loopholes in the law and engaging in illegal gambling activities.

COMMENTARY

Section 197(4) of the Criminal Code of Canada is an important provision that defines what constitutes a common gaming house. A common gaming house is an illegal facility where gambling takes place, and it attracts criminal sanctions under the law. The provision states that a place may be considered a common gaming house regardless of whether a part of the game is played in it, or the stake played for is in another place. Additionally, it recognizes that a place that is used only once may still be deemed a common gaming house if it meets the criteria outlined in Paragraph (b) of the definition. The rationale behind Section 197(4) is to prevent people from exploiting technical loopholes to circumvent the law against gambling. By expanding the definition of what constitutes a common gaming house, the provision ensures that all forms of gambling - whether they take place in one place or several - are treated equally under the law. This approach helps to mitigate the negative effects of gambling on individuals, families, and communities. Section 197(4) is also significant because it recognizes the role of keepers and their associates in operating common gaming houses. The provision states that if a keeper or anyone acting on their behalf uses another place to conduct gambling activities, that location can still be considered a common gaming house. This provision is crucial in preventing keepers from evading responsibility for their actions by shifting their operations from one place to another. The definition of a common gaming house under Section 197(4) is broad and flexible, which allows it to be applied effectively to diverse situations. For example, it can apply to online betting platforms that operate across multiple jurisdictions, as well as physical locations where gambling occurs in different rooms or buildings. The provision helps to ensure that no matter the mechanics of the gambling operation, the consequences for engaging in illegal activities will be consistent and proportional. In conclusion, Section 197(4) of the Criminal Code of Canada is a crucial provision that defines what constitutes a common gaming house and helps to prevent illegal gambling activities. It recognizes the importance of treating all forms of gambling equally under the law and ensures that keepers cannot evade responsibility for their actions by shifting their operations from one place to another. By providing a broad and flexible definition of a common gaming house, this provision helps to ensure that the law is effective and consistent in its application.

STRATEGY

Section 197(4) of the Criminal Code of Canada deals with common gaming houses, which are places where individuals gather to gamble or engage in games of chance for the purpose of winning money or other items of value. This section provides that a place may be a common gaming house even if only part of a game is played there, the stake is played for in another place, or if it is used only on one occasion. Dealing with this section of the Criminal Code of Canada requires careful consideration of the facts and circumstances surrounding the alleged gaming activity. One of the key strategic considerations is whether the place in question is a common gaming house or simply a private residence where individuals gather for social purposes. It is important to distinguish between the two because private residences are not subject to the same restrictions and penalties as common gaming houses. Another strategic consideration is the evidence that may be available to prove that the place in question is a common gaming house. This may include eyewitness testimony, surveillance footage, or physical evidence such as gambling equipment or money. It is important to carefully evaluate the strength and reliability of the evidence before proceeding with any charges or legal action. Strategies that could be employed when dealing with this section of the Criminal Code of Canada include conducting thorough investigations to gather evidence, interviewing witnesses and potential suspects, and working with law enforcement agencies to address any potential issues or concerns related to illegal gambling activities. It may also be helpful to seek the advice and guidance of legal experts and other professionals with experience in dealing with common gaming house cases. Other potential strategies may include negotiating plea agreements or other settlements with suspected offenders, pursuing civil or criminal forfeiture proceedings to seize assets associated with illegal gambling activities, or using other legal and regulatory tools to address this issue. Ultimately, the key to successfully dealing with section 197(4) of the Criminal Code of Canada is to carefully weigh the potential risks and benefits of any legal action or strategy, and to carefully evaluate all available options before taking action.