Bulletin No. 13, September 12, 2024
We are pleased to provide this update on our campaign to secure legislation that will prohibit advertisements for gambling, just as legislation now prohibits ads for tobacco and cannabis. We conclude this update with suggested actions you could take to help push this matter along.
Further information on these items can be found in our website: BanAdsForGambling.ca
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In this Bulletin:
1. Ontario Tries to Expand its Gambling Net
2. Complaint Filed with AGCO
3. Can Gambling Be Responsible?
4. Gambling Impacts Wealth Creation
5. Trying to Self-Exclude
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1. Ontario Tries to Expand its Gambling Net
The Ontario government has asked the Court of Appeal to rule on whether it is allowed to entice gamblers from outside Canada to gamble with iGaming Ontario. See https://www.cbc.ca/news/canada/toronto/ontario-online-gaming-gambling-international-1.7290082. The hearing will take place November 27- 28.
Jessica Szabo has agreed to represent us on a pro bono basis to seek intervention to make the point that gambling causes significant harm. (1.5 per cent of the 2 million registered users with iGaming Ontario have serious addictions – that’s 30,000 people). If granted intervenor status, we would raise the need for the government to make a comprehensive public health approach to gambling.
There are a number of intervenors, including many provincial governments which oppose the Ontario proposal, particularly British Columbia. BC has retained an expert on gambling law, Nelson Rose, and his affidavit is damning to the Ontario case.
For instance, he states:
`The examples given in the Statement of Particulars [of Ontario] states:
“12. Here, it is proposed that Ontario and its agents allow players located in Ontario to access online gaming platforms conducted and managed by Ontario and, through electronic means, to participate in peer to peer games and betting involving persons located outside Canada participating in foreign lottery schemes. For example, an Ontario player could play a late-night poker game with players in Asia who are just getting home from work or place a bet on the outcome of the Stanley Cup final as part of a betting pool that also includes hockey fans in the United States.”
`This is quite surprising, coming from the Attorney General of Ontario. There is no concern about whether this violates the laws of the countries where the outside players are located. In fact, it is safe to say that the proposed operation would violate the anti-gambling laws of virtually every jurisdiction in the world.’
`Regulatory systems are put in place to prevent cheating. I do not know of any system similar to the proposed Ontario plan of treating complaints by one group of players, those in Ontario, different from other players. I also have never seen a regulatory system which basically ignores complaints from non-local players or depends on regulators where the players are located. The Ontario plan, moreover, is based on an expectation that there will be regulators looking after foreign players, when most jurisdictions have not legalized Internet gambling, and there are thus no such regulators.’
`The Sweny Affidavit [which has been file by the Ontario government in support of its application], at para. 24, states that Ontario's proposed model involving international play "…is an approach that is already in place in various forms in a number of jurisdictions around the world.” That is simply not true. I am unaware of any state lottery anywhere in the world with a similar operation. ‘
Several other examples are given by Mr. Rose about the deficiencies and inaccuracies of the Ontario application. It is as though the Ontario government has become so greedy for gambling revenue that it did not bother to do its homework before going to court.
We may not be allowed to intervene, since intervention applications had to be made in April, although we did not learn of the application until late in August. In that case, Jessica suggests that we formally endorse the BC Intervention.
2. Complaint Filed with AGCO
Ban Ads for Gambling has sent the following letter to the AGCO:
`Currently those who are not resident in Ontario are not permitted to place bets through iGaming Ontario or the companies which it has authorized to operate gaming sites - something stated in virtually every advertisement by a gaming company.
`Nelson Rose is an expert witness retained by the British Columbia government as part of its intervention in opposition to the request of the Ontario government. On page 259 of his affidavit, Rose states:
At present, when people in British Columbia try to access iGaming Operators’ websites, they are not permitted to play (i.e. to place bets). However, in some cases when people in British Columbia try to access an iGaming Operator’s gaming website they are redirected to another gaming website where they are permitted to play that has the same (or similar) branding to that of an iGaming Operator but is operated by another company that is part of the operator’s ownership group (“Affiliated International Sites”).
`This is entirely contrary to the law and to iGaming rules.
`We request that AGCO immediately revoke the authorization to offer gambling services of every ownership group which has engaged or is engaging in this practice.’
3. Can Gambling Be Responsible?
`It’s hard to imagine a current public policy more harmful than the promotion of ‘responsible gambling’. That’s the Ontario Government’s and the gambling industry’s strategy to divert responsibility for the addictions and economic and social costs of sports betting and other forms of gambling, including casinos and lottery tickets.’
So begins Bruce Kidd’s opinion piece in the Globe and Mail on August 12. He continues: `‘Responsible gambling’ is thus more than an oxymoron. It normalizes a highly risky endeavour, and marshals a ‘blame the victim’ approach, placing the onus for the mental health and other problems associated with gambling on the individuals and families who suffer. The governments and corporations that legalized and profit from gambling take little or no responsibility for gambling harms.’ `Governments need to hold the betting companies responsible for the full costs of the social problems they create.’
His full article can be found on our web site here.
4. Gambling Impacts Wealth Creation
`For every dollar wagered on sports… there was a reduction in stock market investments of just over two dollars.’ That’s the conclusion of two studies in the United States, and it is thought the impact will be the same in Canada. `Credit scores decreased in jurisdictions which allowed any type of sports betting, but where it was specifically allowed online the drop in credit scores was almost three times as large.’
`Sports betting did reduce some gambling-like stock investing, but mostly it reduced traditional investing.’ `A revenue stream that impoverishes citizens is a devil’s bargain. The house always wins but we need to take account of who is losing.’
5. Trying to Self-Exclude
A Toronto Star article shows that Ontario has made it difficult for individuals who fear they have a gambling problem to self-exclude from gambling enticements.
Ontario requires that individuals self-exclude themselves – which means they must contact each of the 82 gambling companies authorized to accept wagers, and until all have been contacted they still get ads and enticements from those not yet contacted. Further, some companies require a deposit before you can self-exclude.
Ontario says it is finally – two years after establishing so much gambling in the province – looking at retaining someone to create a program which will centralize self-exclusion – something which already is available in Spain, Australia and the United Kingdom. See: https://www.thestar.com/news/investigations/two-years-after-ontario-legalized-virtual-casinos-gambling-addicts-say-the-province-has-made-it/article_600a7a7a-654f-11ef-86c7-37e14fc31bb0.html
It is yet another example of how Ontario is taking advantage of gamblers for its financial gain from the industry – revenue of almost $800 million a year. Ban Ads for Gambling is lodging a complaint with the Alcohol and Gambling Commission of Ontario to immediately require gambling companies to stop this practice when individuals wish to self-exclude.
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