Highlights

Navigating the Legal Landscape of Daily Fantasy Sports in Canada

The foundational ruling that shapes the current landscape stems from provincial interpretations of the *Criminal Code of Canada*. Under Section 197, a “game of chance” is prohibited, but a “game of mixed skill and chance” can be lawful if skill is the dominant factor. Courts have consistently held that fantasy sports, where participants manage rosters and make strategic decisions over a season or a single slate of games, fall into this category. This legal distinction has allowed provincial regulators to treat DFS not as traditional gambling, but as a contest of skill, opening the door for licensed operators to offer their platforms legally.

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