Ontario Superior Court finds iGO model consistent with Criminal Code

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The Ontario Superior Court has ruled that iGaming Ontario’s model is consistent with the Criminal Code, dismissing an application brought forward by the Mohawk Council of Kahnawà:ke.

Following the Canadian province’s regulated igaming market launch in April 2022, MCK began a constitutional challenge against iGO in November of the same year, claiming the open market model violates Section 207 of the Criminal Code, describing the changes as “illegal and unconstitutional”.

MCK had previously operated in the region through Mohawk Online but did not submit to Ontario’s new igaming framework. At the time of the constitutional challenge, MCK noted that the open market would cause them “significant” revenue loss.

However, iGO was found by the Superior Court to be the “operating mind” behind the Canadian province’s igaming market per the conduct and manage requirements of the Criminal Code.

Welcoming the Superior Court’s decision, Executive Director Martha Otton stated: “We have always been confident in our model and are pleased that the court has ruled in our favour, and that Ontarians can continue to play with confidence in our regulated igaming market. 

“Ontario’s model meets the requirements and contributes to the public good by protecting players, their data and their funds while helping to fund priority public services in Ontario, and bringing well-paid, high-tech jobs and economic development to Ontario.”