Ontario Jockey Club v. Canada ( Attorney General )
T-570-97
Reed J.
9/2/98
6 pp.
Judicial review of Executive Director of Canadian Pari-Mutuel Agency's refusal to amend applicant's pari-mutuel betting permit to include permission to accept wagers on horses through on-line personal computer betting, i.e. without attendance of person placing bet at race-course-Ground for refusal grant of amended permit would contravene Criminal Code, s. 204-Applicant arguing Executive Director's decision based on view on-line computer wagering not within exception described in s. 204(1)(c)(i) because person placing bet not physically present at race-course-S. 204(1)(c)(i) providing ss. 201, 202 (gambling prohibitions) not applying to bets made through pari-mutuel system if bets made on race-course-S. 204(1)(c)(i) must be interpreted in light of s. 204(2), expressly deeming tele-theatre betting, telephone account betting to be made on race-course-If applicant's interpretation correct, s. 204(2) unnecessary, contrary to standard principle of statutory interpretation-Application dismissed regardless of correct interpretation of s. 204(1)(c)-Refusal letter referring to s. 204 in general -In order for exemption described by s. 204(1)(c) to apply, both subparagraphs (i) and (ii) must be satisfied-S. 204(1)(c)(ii) referring to Pari-Mutuel Betting Supervision Regulations-Regulations, s. 53 stating no association shall accept bets or instructions to bet on race from any person by means of communication originating from outside race-course at which race taking place-Furthermore, approval of on-line computer betting system not, under statute, regulations, something that could be authorized by permit or amendment thereto-Permit dealing with limited number of matters, eg. type of bets that can be made at track on specified number of days, times during particular year-Even when permit obtained, association still needing approval of systems, facilities proposing to use-Regulations, s. 3 providing no association shall conduct pari-mutuel betting unless issued a permit, pari-mutuel system, facilities for supervision, operation approved-Applicant not applying for systems approval under s. 3(1)(b) for on-line betting proposing to use-Amendment to permit not effective to accomplish result applicant seeking-Criminal Code, R.S.C., 1985, c. C-46, s. 204 (as am. by S.C. 1989, c. 2, s. 1; 1994, c. 38, ss. 14, 25(1)(g))-Pari-Mutuel Betting Supervision Regulations, SOR/91-365, ss. 3 (as am. by SOR/93-255, s. 4), 53.