I have included four sections of the Criminal Code that are relevant to us poker players:

1) Definitions
2) Presumptions (on the behalf of the police)
3) Search Rights
4) Penalties

Summary Here is a quick summary of what the sections mean to us in case you don't want to read all the confusing langauge of the act:

Police have the right to enter, without a warrant, into a place where they believe gambling is occurring, involving a rake. A rake is defined as an amount taken by the host of the game during play. All the police need is "reasonable grounds." This means that it is basically the cops word against yours, and of course, a court will believe the cop. If they hear from someone that there is a poker game going on with a rake, or if they see people coming and going or poker chips being carried in or out, that is more than enough for "reasonable grounds" for the police to believe a raked game may be in progress.

Once inside, any evidence that shows the game is raked, such as a cash box, tip box or rake slot on the tables, would make the venue a "gaming house," and therefore punishable under the law. This means they can arrest the organizer of the event, and all the players. The organizer can be imprisoned on indictable offence (the serious kind!) for up to two years. Players can be charged on summary conviction (less serious), and imprisoned at the judges discretion for a period of less than two years.

Similar penalties apply to anyone who promotes, publishes, or posts, in any way, information that has the intention of aiding gambling to occur. This is why Toronto-Poker cannot release information about games. Players who organize meetups on internet forums do so at their own risk.

Basically, gambling in Canada is stricly prohibited if a rake is being taken, either from tournaments or live games. Of course, it is very difficult to prove the person running a tournament is making a profit because "expenses" are always taken from the pot to pay for the venue, food, drinks, dealers, etc. Naturally, the amount taken is enough to make a nice profit for the host of the tournament. Home games, however, should be fine, as long as there is no rake taken. Even if there were, in a home, the police would probalby never find it, unless someone ratted the place out.

These things being said, it is clear that the police do not really enforce these laws as there are plenty of poker clubs in Ontario. Playing in them is almost always safe. If for some reason the police arrived, they never charge the players, they simply send them home. Charges are usually not laid against the club operators/owners either, but nonetheless, the laws are in place. Police are required to investigate a club if they receive a complaint (say from a neighbor who doesn't like all the people in or out, or from a local casino that does not want to lose business). So, that is pretty much a summary of the underground poker scene and the legal aspects involved. Toronto-Poker.com does not condone, advocate, or in any way encourage the operation of illegal activity or underground card clubs, so chose your own games at your own risk.

Part VII (205) of the Criminal Code of Canada

Disorderly Houses, Gaming, and Betting

Definitions

"common gaming house" means a place that is

(a) kept for gain to which persons resort for the purpose of playing games, or

(b) kept or used for the purpose of playing games

(i) in which a bank is kept by one or more b
ut not all of the players,

(ii) in which all or any portion of the bets on or proceeds from a game is paid, directly or indirectly, to the keeper of the place,

(iii) in which, directly or indirectly, a fee is charged to or paid by the players for the privilege of playing or participating in a game or using gaming equipment, or

(iv) in which the chances of winning are not equally favourable to all persons who play the game, including the person, if any, who conducts the game;

"game" means a game of chance or mixed chance and skill;

"gaming equipment" means anything that is or may be used for the purpose of playing games or for betting;

"place" includes any place, whether or not

(a) it is covered or enclosed,

(b) it is used permanently or temporarily, or

(c) any person has an exclusive right of user with respect to it;

Presumptions

(b) evidence that a place was found to be equipped with gaming equipment or any device for concealing, removing or destroying gaming equipment is, in the absence of any evidence to the contrary, proof that the place is a common gaming house or a common betting house, as the case may be;

(c) evidence that gaming equipment was found in a place entered under a warrant issued pursuant to this Part, or on or about the person of anyone found therein, is, in the absence of any evidence to the contrary, proof that the place is a common gaming house and that the persons found therein were playing games, whether or not any person acting under the warrant observed any persons playing games therein; and

Search Rights

(1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206, 207 or 210 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found therein that may be evidence that an offence under section 201, 202, 203, 206, 207 or 210, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.

(2) A peace officer may, whether or not he is acting under a warrant issued pursuant to this section, take into custody any person whom he finds keeping a common gaming house and any person whom he finds therein, and may seize anything that may be evidence that such an offence is being committed and shall bring those persons and things before a justice having jurisdiction, to be dealt with according to law.

(3) Except where otherwise expressly provided by law, a court, judge, justice or provincial court judge before whom anything that is seized under this section is brought may declare that the thing is forfeited, in which case it shall be disposed of or dealt with as the Attorney General may direct if no person shows sufficient cause why it should not be forfeited.

Penalties

(1) Every one who keeps a common gaming house or common betting house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

(2) Every one who

(a) is found, without lawful excuse, in a common gaming house or common betting house, or

(b) as owner, landlord, lessor, tenant, occupier or agent, knowingly permits a place to be let or used for the purposes of a common gaming house or common betting house, is guilty of an offence punishable on summary conviction.

(1) Every one commits an offence who

(a) uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;

(b) imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting;

(c) has under his control any money or other property relating to a transaction that is an offence under this section;

(d) records or registers bets or sells a pool;

(e) engages in book-making or pool-selling, or in the business or occupation of betting, or makes any agreement for the purchase or sale of betting or gaming privileges, or for the purchase or sale of information that is intended to assist in book-making, pool-selling or betting;

(f) prints, provides or offers to print or provide information intended for use in connection with book-making, pool-selling or betting on any horse-race, fight, game or sport, whether or not it takes place in or outside Canada or has or has not taken place;

(g) imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling, book-making, pool-selling or betting on a horse-race, fight, game or sport, and where this paragraph applies it is immaterial

(i) whether the information is published before, during or after the race, fight game or sport, or

(ii) whether the race, fight, game or sport takes place in Canada or elsewhere,

but this paragraph does not apply to a newspaper, magazine or other periodical published in good faith primarily for a purpose other than the publication of such information;

(h) advertises, prints, publishes, exhibits, posts up, or otherwise gives notice of any offer, invitation or inducement to bet on, to guess or to foretell the result of a contest, or a result of or contingency relating to any contest;

(i) wilfully and knowingly sends, transmits, delivers or receives any message by radio, telegraph, telephone, mail or express that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or

(j) aids or assists in any manner in anything that is an offence under this section.

(continued, see link)

Source: Department of Justice Canada http://laws.justice.gc.ca/en/c-46/42271.html

__________________
Remember to throw them in the minute they can't win.