BODOG BLOCKED FROM OPERATING IN MANITOBA Français
In his reasons, Justice Harris held that Bodog has no legal authority to operate in Manitoba and that its solicitation and acceptance of bets in Manitoba violates the Criminal Code of Canada. Justice Harris further held that Bodog "is misleading Manitobans as to the lawfulness, character and quality of the www.bodog.eu and the www.bodog.com platforms." He accepted evidence that Bodog advertises and promotes its unlawful gambling offerings to Manitobans through a variety of false and misleading statements, and that Bodog markets itself to Manitobans as a legal, safe online casino when in fact its operations in Manitoba are illegal.
Further, Justice Harris accepted evidence that because no Canadian or provincial government regulates or controls Bodog's activities, Bodog has no obligation in this country to implement responsible gambling features, pay taxes, or comply with anti-money laundering requirements.
The Court's reasons resolve an application brought earlier this year by Manitoba Liquor & Lotteries (MBLL), on behalf of the Canadian Lottery Coalition, for an injunction to stop Il Nido Ltd. and Sanctum IP Holdings Ltd., two entities that operate or are associated with the Bodog gambling site, from operating or advertising Bodog within Manitoba.
In his May 26 order enjoining Il Nido Ltd. and Sanctum IP Holdings Ltd., Justice Harris declared that Bodog has "no lawful authority to offer online gambling products and services, whether through bodog.eu, bodog.net or any other related successor or replacement websites, or to advertise such online products and services to persons located in Manitoba, as such activities are contrary to sections 201, 202, and 206 of the Criminal Code".
"We could not be more pleased with this ruling," said Gerry Sul, President and CEO, MBLL. "With this decision, Justice Harris has unequivocally confirmed that Bodog's operations within Manitoba are prohibited by the Criminal Code, Competition Act, and the Trademarks Act, and that MBLL has the sole legal authority to provide gambling offerings within the province. Bodog's conduct has not only been unlawful, the harm their illegal operations have caused to MBLL – and Manitobans – is incalculable."
Since the introduction of single-event sports betting in 2021, Canadians have seen a rapid increase in the frequency of online gaming sites and advertisements from illegal operators.
The Criminal Code of Canada gives provinces the exclusive right to conduct and manage gaming, including online gaming, within their respective jurisdictions. In Manitoba, MBLL is the designated authority and PlayNow is the only legal online gambling site authorized to operate in the province.
"The continued advertising and promotion of illegal gambling sites gives Canadians the false impression that they are operating legally, which is not the case," said Pat Davis, President and CEO, British Columbia Lottery Corporation (BCLC). "Not only are many of these sites operating in offshore markets that leave no protection or recourse for the player, but they also divert revenues that would otherwise be returned to provincial governments and directed to much-needed programs and services."
As per the May 26 injunction issued by the Court, Il Nido Ltd. and Sanctum IP Holdings Ltd., are required to implement geo-blocking technology on their bodog.eu site to prevent anyone located in Manitoba from accessing, viewing, purchasing, or otherwise engaging with any of their online gambling products or services.
The Canadian Lottery Coalition, comprised of MBLL, Atlantic Lottery Corporation, BCLC, Loto-Québec, and Lotteries and Gaming Saskatchewan, remains committed to creating a safer online gaming environment for all Canadians.
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