section 206(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section prohibits various forms of gambling and related activities, including advertising, conducting, and allowing certain games of chance, as well as sending or carrying articles for use in such activities and inducing others to participate in them.

SECTION WORDING

206(1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years who (a) makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised or published, any proposal, scheme or plan for advancing, lending, giving, selling or in any way disposing of any property by lots, cards, tickets or any mode of chance whatever; (b) sells, barters, exchanges or otherwise disposes of, or causes or procures, or aids or assists in, the sale, barter, exchange or other disposal of, or offers for sale, barter or exchange, any lot, card, ticket or other means or device for advancing, lending, giving, selling or otherwise disposing of any property by lots, tickets or any mode of chance whatever; (c) knowingly sends, transmits, mails, ships, delivers or allows to be sent, transmitted, mailed, shipped or delivered, or knowingly accepts for carriage or transport or conveys any article that is used or intended for use in carrying out any device, proposal, scheme or plan for advancing, lending, giving, selling or otherwise disposing of any property by any mode of chance whatever; (d) conducts or manages any scheme, contrivance or operation of any kind for the purpose of determining who, or the holders of what lots, tickets, numbers or chances, are the winners of any property so proposed to be advanced, lent, given, sold or disposed of; (e) conducts, manages or is a party to any scheme, contrivance or operation of any kind by which any person, on payment of any sum of money, or the giving of any valuable security, or by obligating himself to pay any sum of money or give any valuable security, shall become entitled under the scheme, contrivance or operation to receive from the person conducting or managing the scheme, contrivance or operation, or any other person, a larger sum of money or amount of valuable security than the sum or amount paid or given, or to be paid or given, by reason of the fact that other persons have paid or given, or obligated themselves to pay or give any sum of money or valuable security under the scheme, contrivance or operation; (f) disposes of any goods, wares or merchandise by any game of chance or any game of mixed chance and skill in which the contestant or competitor pays money or other valuable consideration; (g) induces any person to stake or hazard any money or other valuable property or thing on the result of any dice game, three-card monte, punch board, coin table or on the operation of a wheel of fortune; (h) for valuable consideration carries on or plays or offers to carry on or to play, or employs any person to carry on or play in a public place or a place to which the public have access, the game of three-card monte; (i) receives bets of any kind on the outcome of a game of three-card monte; or (j) being the owner of a place, permits any person to play the game of three-card monte therein.

EXPLANATION

Section 206(1) of the Criminal Code of Canada deals with various forms of illegal gambling and provides for the punishment of the individuals involved in these activities. The section criminalizes the making of any proposal, plan, or scheme for advancing, lending, selling, or disposing of any property by any mode of chance whatsoever. The section also prohibits the sale, exchange, or barter of any device or means for gambling or the delivery of any article for use in carrying out any such scheme. Furthermore, it criminalizes conducting, managing, or being a party to any scheme or operation that determines the winners of a gambling game or provides for larger payouts based on the sums paid by other gamblers. The section also outlaws the disposal of goods by any type of game of chance or mixed chance and skill in which contestants or competitors pay money or offer other valuable consideration. It further makes it illegal to induce any person to gamble or to receive bets on the outcome of any game of three-card monte. Lastly, the section punishes the owner of a place who permits any person to play the game of three-card monte there, or who receives bets of any kind on the outcome of the game. The maximum punishment for an indictable offense under this section is two years of imprisonment. Overall, the section seeks to prevent the spread of illegal gambling and protect the public from the harmful effects of these activities.

COMMENTARY

Section 206(1) of the Criminal Code of Canada outlines a range of criminal prohibitions relating to games of chance. These provisions have been in place for many years and aim to prevent fraudulent activities and protect consumers. Most of the offences outlined in the section concern the offering, conducting, or participation in various forms of lotteries, games of chance, or other schemes that involve the exchange of money or other valuable consideration with the possibility of winning property or goods. One of the most significant provisions in this section is the prohibition of conducting or managing any scheme or operation for determining winners of property. This provision is broad and covers any form of activity or arrangement that allows individuals to win property through chance. The provisions also prohibit the offering, sale, or distribution of any goods or merchandise through games of chance or mixed chance and skill. This is important because it provides protections for vulnerable consumers who may be tempted to participate in games of chance in hopes of winning goods or merchandise. The section also prohibits the carrying on or playing of certain games, such as three-card monte, for valuable consideration in public places. This provision is important because it seeks to prevent exploitation of individuals who may be tempted to engage in such activities in public places. Overall, the provisions in section 206(1) operate to provide comprehensive protections for consumers in relation to various forms of gambling and are an important tool for law enforcement officials in preventing fraud and exploitation. While some argue that these provisions may be overly broad and inhibit legitimate games of chance, such as raffles or lotteries held for charitable purposes, they are essential in deterring fraudulent activity and protecting the public from potential harm. As such, they remain an important aspect of the Canadian criminal justice system.

STRATEGY

Section 206(1) of the Criminal Code of Canada pertains to gambling offenses. It covers a wide range of activities such as making, printing, or publishing proposals for games of chance, disposing of any property by chance or other modes of chance, conducting or managing schemes for determining winners of any property, inducing people to hazard their money on games of chance, and permitting or allowing games of chance in a public place. The strategic considerations when dealing with this section of the Criminal Code of Canada vary depending on the situation. For instance, people who are involved in gambling activities should assess the risks and consequences of their actions. They should also consider the possibility of being caught and charged under the Criminal Code. One of the strategies that could be employed is to avoid engaging in illegal gambling activities. People who are involved in gambling should be aware of the laws and regulations governing such activities in their jurisdiction. They should ensure they comply with the rules and avoid engaging in any activity that contravenes the law. Another strategy is to seek legal advice. People who are unsure about the legality of their gambling activities should talk to a lawyer. A legal expert can provide guidance on the law, explain the risks and consequences of illegal gambling activities, and advise on how to avoid breaking the law. Additionally, people who are involved in gambling can take steps to mitigate the risks of being caught. For example, they can avoid gambling in public places, dispose of gambling paraphernalia carefully, and ensure that they do not advertise their gambling activities. Finally, people who are caught and charged with gambling offenses should seek legal representation immediately. A lawyer can provide legal advice on the charge, negotiate with the prosecutor, and represent the accused in court. In conclusion, dealing with Section 206(1) of the Criminal Code of Canada requires careful consideration of the risks and consequences of illegal gambling activities. By avoiding illegal gambling activities, seeking legal advice, and taking measures to mitigate the risks of getting caught, people can avoid running afoul of the law and facing criminal charges.