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The Ontario Poker Dilemma: Should Player Pools Go Global?

The Ontario Poker Dilemma: Should Player Pools Go Global?

The cards are on the table for Ontario’s online poker and daily fantasy sports (DFS) players. After three days of appellate court hearings, the question of whether Ontario poker players can legally compete with players in other licensed international jurisdictions remains unresolved.

The case is shining a spotlight on a two-year gap in the province’s regulatory framework, leaving operators, players, and other stakeholders eager for clarity. While a decision from the Ontario Court of Appeal isn’t expected until 2025, the implications of this ruling could ripple far beyond the province’s borders.

The Debate: To Pool or Not to Pool?

When Ontario launched its regulated iGaming market in 2022, it made history as the first Canadian province to allow private operators to offer online gambling legally. However, the framework was silent on whether Ontario players could compete internationally, creating a legal grey area that stakeholders have been debating ever since.

Proponents of player pooling argue that allowing Ontarians to join global games would inject much-needed liquidity into the online poker and DFS markets. Liquidity, or the number of available players, is essential for vibrant games and higher stakes. Advocates also highlight the potential to attract players back from unregulated platforms, thereby increasing revenue for the province and creating a more competitive market.

On the flip side, opponents, led by the Canadian Lottery Coalition (CLC) and the Mohawk Council of Kahnawà:ke (MCK), see the proposal as a slippery slope. They argue that international player pooling could undermine local regulations, lead to an influx of illegal gambling, and expand what they view as an already contentious framework.

The Arguments Heard in Court

The hearings before the Ontario Court of Appeal brought together a who’s who of industry stakeholders. Supporting international player pooling were iGaming Ontario (iGO), the province’s Attorney General, and the Canadian Gaming Association, representing dozens of operators who stand to benefit from a more open market. They argued that pooling Ontario players with those from other well-regulated jurisdictions is both feasible and necessary to sustain online poker and DFS offerings in the province.

On the opposing side, the CLC and MCK pushed back hard. The CLC contended that Ontario’s proposal is a veiled attempt to attract gamblers from other Canadian provinces, a move they claim is illegal without inter-provincial agreements. Meanwhile, the MCK questioned the legality of the entire iGO framework, calling it an overreach of provincial authority and claiming that player pooling would exacerbate these alleged violations.

Why the Ruling Matters

The stakes in this case extend beyond Ontario. A ruling in favor of international player pooling could revitalize online poker and DFS markets across Canada, particularly in provinces like Alberta and British Columbia, which are exploring their own iGaming frameworks. The decision could also set a precedent for how Canada navigates its complex patchwork of provincial and federal gambling laws.

For now, however, the status quo prevails. Ontario’s online poker players remain limited to firewalled platforms, and the DFS scene continues to languish after most providers exited the market in 2022. While Chief Justice Michael Tulloch and the appellate panel deliberate, the industry and its players can only wait — and hope — for a favorable hand.

Looking Ahead: A Waiting Game for Ontario Poker

With no immediate ruling in sight, Ontario’s poker and DFS enthusiasts are stuck in limbo. Whether the province’s gaming industry expands to embrace international competition or remains tethered to its current limitations depends entirely on the court’s decision.

For now, all eyes are on Ontario as it prepares for what could be a game-changing moment in Canadian online gambling.