Ontario Superior Court of Justice Shuts Case Against iGaming

In a decision on Monday, the Ontario Superior Court of Justice has ruled against the challenge of the Mohawk Council of Kahnawà:ke which sought to overturn a previous decision to allow online casino games in the provincial market in Ontario.

Legal Challenge to Regulated Ontario iGaming Market Put to Rest

Effectively, the MCK sought to challenge the government’s decision to allow gambling, which led to the development of a regulatory gambling framework overseen by iGaming Ontario and the Alcohol and Gaming Commission of Ontario, as well as the government, which is also working on various aspects of the gambling experience, among which are responsible gambling, gambling advertisement, and others.

MCK has been looking to have C-218 overturned even after the bill became a law and came into effect in June 2021, essentially allowing for single-event sports betting and online casinos to arrive in the province. Yet, the plaintiff insisted that the law had been unconstitutional and illegal.

This argument was finally shut down on Monday by the Ontario Superior Court of Justice which found no supporting evidence to the claim. iGaming Ontario Executive Director Martha Otton has welcomed this decision and said:

“We have always been confident in our model and are pleased that the court has ruled in our favor and that Ontarians can continue to play with confidence in our regulated igaming market.”

iGaming Ontario Executive Director Martha Otton

Otton assured that nothing in the way Ontario had regulated its market was unconstitutional or illegal at all. Not only that, but the existing regulatory framework is also contributing to the public good by establishing regulated gambling with very high channelization that is helping consumers adopt responsible gambling behavior and be protected.

Financial Concerns, as well as Dim Prospects, Motivate the MCK

The legal challenge launched by MCK was also because of significant economic challenges. The Mohawk Council of Kahnawà:ke and the Mohawks of Kahnawake have been issuing iGaming licenses for the past 25 years, but they have not been involved with the passage of C-218, leaving them at a significant disadvantage now that the licensing regime has shifted to Ontario entirely.

A specific legal challenge had to do with whether iGO actually and sufficiently regulated what was happening on private operators’ websites. The Superior Court of Justice has deemed iGO to be adequately regulated and overseeing the industry, putting to rest a major challenge to the gambling market in Ontario.