Supreme Court of Canada Weighs Ontario Online Poker Case

Canada's top court is deciding whether Ontario players can join international online poker games. The Supreme Court of Canada heard the appeal on Oct. 7 and reserved judgment. It has not set a date for its ruling.

The case pits four provincial lottery corporations against the Ontario government. At issue is Ontario's plan to let players in peer-to-peer games, like online poker, compete with people outside Canada. The outcome could reshape online poker and daily fantasy sports across the country. It may also affect how Alberta's new regulated iGaming market grows.

How Ontario Won Its Criminal Code Case at the Court of Appeal

The case turns on section 207(1)(a) of the Criminal Code, which lets a province "conduct and manage a lottery scheme in that province." Ontario asked the Court of Appeal for Ontario whether international play fits within that rule.

In November 2025, the court ruled 4-1 that it does. The majority noted that Parliament never expressly banned linking with players abroad. Justice Katherine van Rensburg dissented, finding that the proposed model would breach the Criminal Code.

Currently, Ontario restricts peer-to-peer games to players located in the province. According to iGaming Ontario's general counsel, this leaves players with "fewer tables available to play on."

Pooled liquidity, or shared player pools, would let Ontario players compete against opponents worldwide.

Four Lotteries vs. Ontario: The Arguments Before the Court

The appellants are Atlantic Lottery Corporation, BC Lottery Corporation, and Manitoba Liquor and Lotteries. Loto-Québec joined the appeal in April 2026. Together, they argue that the phrase "in that province" sets a strict territorial limit. Their written argument, or factum, relies on the Supreme Court's own 2003 Earth Future Lottery decision, which blocked a Prince Edward Island charity lottery that planned to sell tickets online worldwide.

The lotteries also contend that Ontario operators already steer Canadians to illegal international sites. "Ontario's proposed scheme flouts the Criminal Code," the factum states. In response, Ontario argues that it would still conduct and manage its games inside the province. Interveners included the Canadian Gaming Association, PokerStars parent company Flutter, poker company NSUS, and Alberta's attorney general.

What the Ruling Means for Ontario and Alberta Poker Players

A win for Ontario would let the province pursue liquidity-sharing deals with foreign jurisdictions. Players in Ontario could then access bigger fields and prize pools in poker and daily fantasy sports. That outcome would also support Alberta, whose iGaming law does not bar players located outside Canada.

A loss would keep Ontario's peer-to-peer market closed to players outside Canada. It could also cast doubt on parts of Alberta's framework.

Either way, pooling between provinces remains allowed under the same section, as long as each province consents. Even a ruling in Ontario's favor would not bring international play overnight.

The province has not yet detailed how its model would work. For now, Ontario poker players can face only opponents inside the province. In Alberta, PokerStars and 888 have already cut off poker players following the province's iGaming deadline.