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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
3
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Oct 11, 2026
Supreme Court of Canada Atlantic Lottery v. Ontario, Case No. 26-42141
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1:54speaker_1MODERATOR
Uh, Mr., uh, Milne-Smith, please be advised that Justice Souvan Саvan is with us, but on the screen.
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2:15Matthew Milne-SmithGUEST
Chief Justice, Justices, I act for four provincial lottery corporations representing seven provinces from one end of the country to the other.
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2:25Matthew Milne-SmithGUEST
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.
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2:40Matthew Milne-SmithGUEST
This reference asks whether an online game like poker with players from around the world somehow occurs in Ontario.
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2:50Matthew Milne-SmithGUEST
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.
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3:02Matthew Milne-SmithGUEST
First, the court erred in assuming that Ontario's scheme would exclude Canadians outside Ontario.
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3:10Matthew Milne-SmithGUEST
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
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40:26Nicholas KasirerPANELIST
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.
Atlantic Lottery Corporation, et al. v. Attorney General of Ontario (42141)
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1:54Richard WagnerMODERATOR
Uh, Mr., uh, Milne-Smith, please be advised that Justice Srobon Sowun is with us, but on the screen.
M
2:15Matthew Milne-SmithGUEST
Chief Justice, Justices, I act for four provincial lottery corporations representing seven provinces from one end of the country to the other.
M
2:25Matthew Milne-SmithGUEST
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.
M
2:40Matthew Milne-SmithGUEST
This reference asks whether an online game like poker with players from around the world somehow occurs in Ontario.
M
2:50Matthew Milne-SmithGUEST
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.
M
3:02Matthew Milne-SmithGUEST
First, the court erred in assuming that Ontario's scheme would exclude Canadians outside Ontario.
M
3:10Matthew Milne-SmithGUEST
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
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40:26Nicolas KasirerPANELIST
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.
Atlantic Lottery Corporation, et al. v. Attorney General of Ontario (42141)
R
1:54Richard WagnerMODERATOR
Uh, Mr., uh, Milne-Smith, please be advised that Justice Saban Sawhney is with us, but on the screen.
M
2:15Matthew Milne-SmithGUEST
Chief Justice, Justices, I act for four provincial lottery corporations representing seven provinces from one end of the country to the other.
M
2:25Matthew Milne-SmithGUEST
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.
M
2:40Matthew Milne-SmithGUEST
This reference asks whether an online game like poker with players from around the world somehow occurs in Ontario.
M
2:50Matthew Milne-SmithGUEST
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.
M
3:02Matthew Milne-SmithGUEST
First, the court erred in assuming that Ontario's scheme would exclude Canadians outside Ontario.
M
3:10Matthew Milne-SmithGUEST
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
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40:26Nicholas KasirerUNKNOWN
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.