INTRODUCTION AND BRIEF DESCRIPTION
Section 207(4) of the Criminal Code of Canada defines lottery scheme as a game or proposal described in certain paragraphs, with exceptions.
SECTION WORDING
207(4) In this section, "lottery scheme" means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g), whether or not it involves betting, pool selling or a pool system of betting other than (a) three-card monte, punch board or coin table; (b) bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any race or fight, or on a single sport event or athletic contest; or (c) for the purposes of paragraphs (1)(b) to (f), a game or proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g) that is operated on or through a computer, video device or slot machine, within the meaning of subsection 198(3), or a dice game.
EXPLANATION
Section 207(4) of the Criminal Code of Canada defines the term "lottery scheme" for the purpose of the section that deals with illegal lotteries and gambling. The term refers to any game or proposal that falls under paragraphs 206(1)(a) to (g) of the Criminal Code, regardless of whether it involves betting or pool selling. This means that any activity that involves promoting, conducting, and managing a lottery scheme that falls under these paragraphs can be considered illegal, and the person involved can be charged with a criminal offense. The section provides some exceptions as well. It excludes activities like three-card monte, punch board or coin table, bookmaking, pool selling, and making or recording of bets on any race or fight, or a single sport event or athletic contest. These exceptions mean that some types of gambling are legal under certain conditions. For example, betting on a horse race through a government-regulated pari-mutuel system is legal in Canada. Furthermore, this section also provides that any lottery scheme operated through a computer, video device, slot machine, or a dice game is considered illegal. With the advancement in technology, many illegal gambling activities are being conducted through these devices. Therefore, this provision ensures that such activities are also included under the ambit of the criminal code. In summary, section 207(4) of the Criminal Code of Canada helps to regulate illegal lotteries and gambling activities by defining the term "lottery scheme" and outlining some exceptions while making sure all types of illegal gambling are considered illegal. It aims to prevent people from engaging in any illegal gambling activities that can be harmful to individuals and society as a whole.
COMMENTARY
Section 207(4) of the Criminal Code of Canada outlines the definition of a "lottery scheme" in the context of Canadian law. This definition is important as it is used to inform the criminalization of certain activities that fall within this description. The section provides a broad definition that includes games, proposals, schemes, plans, means, devices, contrivances, or operations that are described in paragraphs 206(1)(a) to (g). The definition also notes that the term "lottery scheme" applies whether or not it involves betting, pool selling, or a pool system of betting. Paragraphs (a), (b), and (c) of section 207(4) provide important exceptions to this definition. Paragraph (a) excludes three-card monte, punch board, or coin table games from being considered under this definition, while paragraph (b) excludes bookmaking, pool selling, or betting on races, fights, single sport events, or athletic contests. Paragraph (c) further states that a game or scheme described in paragraphs 206(1)(a) to (g) that is operated through a computer, video device, or slot machine falls under this definition of "lottery scheme." The definition of "lottery scheme" is significant because it informs the criminalization of certain gambling-related activities in Canada. The criminalization of these activities is based on the principle of harm reduction, maintaining public order, and mitigating the risk of fraud. By providing a clear definition of what constitutes a "lottery scheme," the law is able to criminalize activities that fall within this framework, while also providing specific exceptions for certain lawful activities. It is worth noting that section 207(4) does not criminalize every gambling-related activity. For instance, it does not criminalize private games between individuals or social gambling events. The law only criminalizes those activities that fall within the definition of a "lottery scheme" and are conducted with the intent to profit or for commercial gain. In addition, the law recognizes that certain types of gambling, such as charitable lotteries, can be beneficial to society. As such, section 206 includes provisions that allow for lawful gambling activities in specific circumstances, such as social or charitable events. These provisions require that the profits from the gambling activity be used for specific purposes, such as charity, and impose strict licensing and reporting requirements on the organizers and operators of these events. In conclusion, section 207(4) of the Criminal Code of Canada provides a clear definition of what constitutes a "lottery scheme" in Canadian law. This definition is important as it is used to inform the criminalization of certain gambling-related activities that fall within the framework of this definition. By criminalizing these activities, the law seeks to protect the public from the risks of fraud and maintain public order. However, the law also recognizes that certain types of gambling can be beneficial to society, and includes exemptions for lawful gambling activities in specific circumstances.
STRATEGY
When dealing with Section 207(4) of the Criminal Code of Canada, there are several strategic considerations that individuals and organizations must keep in mind. The section outlines the definition of lottery scheme" and provides several exceptions that exclude certain types of activities from falling under this category of illegal gambling. As such, it is important to understand the nuances of this section when devising strategies for compliance or engaging in activities that may be affected by it. One of the key strategies for dealing with Section 207(4) is to ensure that any proposed gambling activities are thoroughly scrutinized for compliance with the definition of lottery scheme" outlined in the section. This may require legal advice and consultation in order to fully understand the various elements that must be present for an activity to constitute illegal gambling. In particular, individuals and organizations must take care to avoid any activities that could be construed as involving betting, pool selling, or the making or recording of bets. Another important strategy for dealing with Section 207(4) is to consider the specific exceptions outlined in the section that exclude certain activities from falling under the definition of lottery scheme." For example, activities such as three-card monte, punch board, or coin table are explicitly exempted from the definition, as are bookmaking, pool selling, or the making or recording of bets on certain types of events. It may be possible to structure a proposed gambling activity in such a way as to take advantage of these exceptions and ensure compliance with the law. In addition to these specific strategies, it is important for individuals and organizations to maintain a strong commitment to ethical and responsible gambling practices. This may involve implementing safeguards such as age verification and limits on the amount of money that can be wagered, as well as educating participants about the risks and potential consequences of gambling. By taking a proactive approach to compliance and responsible gambling, individuals and organizations can minimize the risk of running afoul of Section 207(4) of the Criminal Code of Canada, while also promoting transparency and accountability in their activities.