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Matthew Milne-Smith

Toronto litigation partner at Davies Ward Phillips & Vineberg LLP and appellate advocate before the Supreme Court of Canada

Oct 11, 2026

speaker_1MODERATOR
1:54
Uh, Mr., uh, Milne-Smith, please be advised that Justice Souvan Саvan is with us, but on the screen.
2:15
Chief Justice, Justices, I act for four provincial lottery corporations representing seven provinces from one end of the country to the other.
2:25
Atlantic Lottery Corporation, which represents Newfoundland and Labrador, PEI, Nova Scotia, and New Brunswick, Lotto Quebec, Manitoba Liquor and Lottery Corporation, and the British Columbia Lottery Corporation.
2:40
This reference asks whether an online game like poker with players from around the world somehow occurs in Ontario.
2:50
In my respectful submission, the Court of Appeal for Ontario made three errors, each of which is sufficient, but only one of which is necessary to allow the appeal.
3:02
First, the court erred in assuming that Ontario's scheme would exclude Canadians outside Ontario.
3:10
Second, the Court of Appeal erred in reversing the structure of the Criminal Code's gambling provisions, and thereby misinterpreting Section 207(1)(a) of the Criminal Code.

37 MINS LATER

40:26
And, and I think that, that, uh, while we, we should take seriously the coincidence of language, I don't think it, it gets us completely there.
Richard WagnerMODERATOR
1:54
Uh, Mr., uh, Milne-Smith, please be advised that Justice Srobon Sowun is with us, but on the screen.
2:15
Chief Justice, Justices, I act for four provincial lottery corporations representing seven provinces from one end of the country to the other.
2:25
Atlantic Lottery Corporation, which represents Newfoundland and Labrador, PEI, Nova Scotia, and New Brunswick, Lotto Quebec, Manitoba Liquor and Lottery Corporation, and the British Columbia Lottery Corporation.
2:40
This reference asks whether an online game like poker with players from around the world somehow occurs in Ontario.
2:50
In my respectful submission, the Court of Appeal for Ontario made three errors, each of which is sufficient, but only one of which is necessary to allow the appeal.
3:02
First, the court erred in assuming that Ontario's scheme would exclude Canadians outside Ontario.
3:10
Second, the Court of Appeal erred in reversing the structure of the Criminal Code's gambling provisions and thereby misinterpreting Section 2071a of the Criminal Code.

37 MINS LATER

40:26
And, and I think that, that, uh, while we, we should take seriously the coincidence of language, I don't think it, it gets us completely there.
Richard WagnerMODERATOR
1:54
Uh, Mr., uh, Milne-Smith, please be advised that Justice Saban Sawhney is with us, but on the screen.
2:15
Chief Justice, Justices, I act for four provincial lottery corporations representing seven provinces from one end of the country to the other.
2:25
Atlantic Lottery Corporation, which represents Newfoundland and Labrador, PEI, Nova Scotia, and New Brunswick, Lotto Quebec, Manitoba Liquor & Lottery Corporation, and the British Columbia Lottery Corporation.
2:40
This reference asks whether an online game like poker with players from around the world somehow occurs in Ontario.
2:50
In my respectful submission, the Court of Appeal for Ontario made three errors, each of which is sufficient, but only one of which is necessary to allow the appeal.
3:02
First, the court erred in assuming that Ontario's scheme would exclude Canadians outside Ontario.
3:10
Second, the Court of Appeal erred in reversing the structure of the Criminal Code's gambling provisions, and thereby misinterpreting Section 207(1)(a) of the Criminal Code.

37 MINS LATER

Nicholas KasirerUNKNOWN
40:26
And, and I think that, that, uh, while we, we should take seriously the coincidence of language, I don't think it, it gets us completely there.

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