Graham L. Hamilton
Graeme A. Hamilton is a partner at Borden Ladner Gervais LLP in Toronto and national co-leader of its White Collar Criminal Defence & Corporate Investigations Group.
3
APPEARANCES
3
PODCASTS
Oct 11, 2026
speaker_1MODERATOR
Graham Hamilton.
Graham L. HamiltonGUEST
Clearly, the question of, uh, in that province is the key question, as, uh, Justice Roe, uh, just stated.
Graham L. HamiltonGUEST
There is also, though, a question of what is it that needs to be in that province.
Graham L. HamiltonGUEST
And this is a critical question as well, because when you look at the definition of a lottery scheme, uh, it is possible to look at a lottery scheme on a, uh, uh, at the level of the individual poker game, for example.
Graham L. HamiltonGUEST
It's also possible to look at a lottery scheme as being the broader framework.
Graham L. HamiltonGUEST
And just as 2071A provides an exception, or Section 207 generally, but 2071A specifically provides an exception to the prohibitions in 206, when it comes to conducting and managing a lottery scheme, once there is a lottery scheme that is, that is conducted and managed under 2071A that's properly within, uh, uh, the exception of 2071A, then my submission to you is that individual games that are carried on within that framework, uh, are, are lawful under that exception in 2071A.
Richard WagnerMODERATOR
Graham Hamilton.
Graham L. HamiltonGUEST
Clearly, the question of, uh, in that province is the key question, as, uh, Justice Roe, uh, just stated.
Graham L. HamiltonGUEST
There is also, though, a question of what is it that needs to be in that province? And this is a critical question as well because when you look at the definition of a lottery scheme, uh, it is possible to look at a lottery scheme on a, uh, uh, at the level of the individual poker game, for example.
Graham L. HamiltonGUEST
It's also possible to look at a lottery scheme as being the broader framework.
Graham L. HamiltonGUEST
And just as 2071A provides an exception, or Section 207 generally, but 2071A specifically provides an exception to the prohibitions in 206, when it comes to conducting and managing a lottery scheme, once there is a lottery scheme that is, that is conducted and managed under 2071A that's properly within, uh, uh, the exception of 2071A, then my submission to you is that individual games that are carried on within that framework, uh, are, are lawful under that exception in 2071A.
Graham L. HamiltonGUEST
And so there's a question, there's been a lot of focus in, uh, the submissions this morning on the issue of the individual poker game.
Richard WagnerMODERATOR
Graham Hamilton.
Graham L. HamiltonGUEST
Clearly, the question of, uh, in that province is the key question, as, uh, Justice Rowe, uh, just stated.
Graham L. HamiltonGUEST
There is also, though, a question of what is it that needs to be in that province? And this is a critical question as well, because when you look at the definition of a lottery scheme, uh, it is possible to look at a lottery scheme on a, uh, uh, at the level of the individual poker game, for example.
Graham L. HamiltonGUEST
It's also possible to look at a lottery scheme as being the broader framework.
Graham L. HamiltonGUEST
And just as 2071A provides an exception, or Section 207 generally, but 2071A specifically provides an exception to the prohibitions in 206.
Graham L. HamiltonGUEST
When it comes to conducting and managing a lottery scheme, once there is a lottery scheme that is, that is conducted and managed under 2071A, that's properly within, uh, uh, the exception of 2071A, then my submission to you is that individual games that are carried on within that framework, uh, are, are lawful under that exception in 2071A.
Russell BrownUNKNOWN
Isn't that really the difference?