The Canadian Institute > Legal > Gaming in Canada

5th Annual Legal and Business Guide to

Gaming in Canada

Ensuring Compliance, Managing Risks & Maximizing Business Efficiency

Thursday, March 04 to Friday, March 05, 2010

Day 1 | Thursday, March 4, 2010

8:15 Registration Opens – Coffee Served

9:00 Chair’s Opening Remarks

Michael Lipton, Q.C.
Partner
Dickinson Wright LLP

9:15 Online Gaming Regulation in Canada: Are We Heading In a New Direction?

François Baril
Partner
Gowling Lafleur Henderson LLP

R.P.M. (Rick) Saville
Director, Registration and Certification
Gaming Policy and Enforcement Branch

  • Identifying the legal challenges facing online gaming in Canada
  • Examining the situation of online gaming in Ontario
  • Analyzing the latest developments in British Columbia
    • What has changed?
    • What is the expected effect?
  • Learning about developments and trends across Canada
  • Exploring the implications of the provincial developments on federal policies

10:15 Networking Refreshment Break

10:30 Exploring Recent Developments in Online Gaming in the U.S., Europe and Australia

Michael Lipton, Q.C.
Partner
Dickinson Wright PLLC

Danielle Bush
Partner
Chitiz Pathak LLP

  • Examining the changes in the U.S.:
    • Learning about the enforcement activities of the U.S. Department of Justice in the field of online gaming
    • Delving into the Unlawful Internet Gaming Enforcement Act and its implications
    • Anticipating whether Congress will legalize online gaming
    • Updates on the status of proposed bills in Congress
  • Identifying the regulatory trends governing online gambling in Europe and Australia
  • Analyzing the effects of the international trends and developments on business activities and opportunities in Canada
  • Top tips for preparing for the developments and maintaining global competitiveness

11:30 The Next Stage of Gaming Is Already Here: Overcoming the Challenges of Mobile Technology

Peter, K. Czegledy
Partner
Aird & Berlis LLP

Brian Hall
Lawyer
Lazarus Charbonneau

With the rapid technological developments of wireless networks and the increasing prevalence of “smart-phones”, a working knowledge of the relevant regulatory landscape and compliance obligations is vital to anyone seeking to benefit from business opportunities in the “m-gaming” market. Attend this session to learn about the latest developments and trends and the probable implications on online gaming industry and regulation.

  • Analyzing the effects of expansion of online gaming to mobile technologies
    • What are the regulatory implications?
    • What are the potential liabilities and how can a party best insulate itself?
  • M-gaming Market Trends and Competition
    • Identifying future developments
    • What should you expect?
    • How can you compete?
  • Clarifying manufacturer regulation in Canada
  • Discovering and exploiting business opportunities

12:30 Networking Luncheon for Delegates and Speakers

1:45 Land Based Gaming: Getting the Latest on Regulatory Developments

Kevin Weber
Dickinson Wright LLP

  • Updates on Bill S-226 to amend the Criminal Code (Lottery Schemes) and Bill C-31
  • Comparing the latest provincial developments in land-based gaming regulation
  • Identifying regulatory trends promoted by the provincial governments
  • Anticipating the future of land based gaming: what might be the next steps?

2:30 Networking Refreshment Break

2:45 Minimizing Your Risks and Liability from Money Laundering Activities

Christine Mingie
Lang Michener LLP

Emilie Kydd
Lang Michener LLP

  • Learning about enforcement initiatives: to what extent does money laundering and terrorist financing take place in land-based casinos and online casinos?
  • Gaining a legal perspective: overview of the money laundering and terrorist financing obligations for casinos in Canada
  • Learning what is new from the Financial Action Task Force and what developments are in the works that will impact casinos in the future?
  • Top tips for casinos on managing privacy protection requirements with reporting and recording obligations under the AML regime?
  • Strategies for minimizing the risks and complying with the legislation for casinos in Canada
    • Identifying effective risk assessment and compliance systems

3:45 Best Practices for Minimizing Legal and Financial Risks for Casinos

Desmond Balakrishnan
Partner
Lang Michener LLP

Ilkim Hincer
Vice President and General Counsel
Casino Rama

  • Analyzing debt restructuring for casinos and gaming companies: understanding the key transactional and gaming issues when completing a debt restructure for a gaming company
  • Identifying privacy issues faced by gaming operators: review of the privacy legislation (federal and provincial) and how it affects gaming operators
  • How should casinos respond to requests for surveillance footage and/or incident reports from:
    • law enforcement agencies
    • private parties
  • Employing the latest technology in gaming management systems (GMS)
    • Managing the challenges of installing a new system
    • Ensuring your systems meet various provincial requirements
  • Reducing the risks inherent in payment processing

4:45 Chair’s Closing Remarks and Conference Adjourns

Day 2 | Friday, March 5, 2010

8:15 Coffee Served

9:00 Chair’s Opening Remarks

Michael Lipton, Q.C.
Partner
Dickinson Wright LLP

9:15 Leveraging Responsible Gaming to Help Minimize Risks and Liabilities Problem Gamblers Can Create for You

Tracy Schrans
Owner and President
Focal Research Consultants Ltd.

Robert W. Stocker II
Partner
Dickenson Wright PLLC

  • Why is it important your operations understand problem gambling?
  • Best options for pre-emptive practices for implementing and following through on responsible gaming initiatives within the current economic climate
  • Analyzing legal actions brought by problem gamblers: what the defendant could have done differently?
  • Top tips for reducing exposure to potential liability from duty of care actions
  • Exploring updates on class actions currently in the courts
  • Gaining insights on responsible gaming initiatives abroad: what could work in Canada?
  • Examining the role of the government in promoting responsible gaming:
    • What is being done and what could be done?
    • What can be lobbied for?
  • Managing risks arising from the self-exclusion process

10:30 Networking Refreshment Break

10:45 Seizing New Opportunities: Canadian Gaming & Aboriginal Communities

Panel:

Morden C. Lazarus
Partner
Lazarus Charbonneau

Murray Marshall
General Counsel to the Kahnawá:ke
Gaming Commission

Chief Sharon Stinson Henry
Chippewas of Rama First Nation

This session will outline the different framework utilized by first nations who operate gaming activities in order to learn how the different jurisdictions address aboriginal rights and needs. Additionally, this session seeks to explore a solution or a process, for Aboriginal First Nations, to pursue to determine whether a particular First Nation is entitled to claim an Aboriginal right to gaming, for the purposes of conducting, carrying on and licensing all forms of gaming on their lands.

  • Identifying applicable Aboriginal law principles
  • Examining the legal framework for Aboriginal issues and the effect on gaming law
  • Analyzing the need for a mechanism to determine Aboriginal rights and establish gaming operations
  • Uncovering a methodology for starting a gaming operation on Aboriginal lands
  • Delving into governance issues: understanding the models for governance and “conduct and manage” entities
  • Exploring whether aboriginal communities can raise aboriginal right claims when a gaming license is not issued or renewed?

12:00 Networking Luncheon for Delegates and Speakers

1:15 Tools For Ensuring Effective Fiscal and Operational Compliance

Constance Ladell
Director, Legal Services and Privacy
British Columbia Lottery Corporation

David Schlesinger
Partner
KPMG PSLP

  • Understanding how the Harmonized Sales Tax applies to gaming operations
  • Identifying major taxation and accounting developments that can affect your operation
  • Drafting tips for key provisions in gaming procurements and contracts
  • Examining internal compliance and education programs: lessons learned from British Columbia Lottery Corporation’s compliance strategy

2:15 Networking Refreshment Break

2:30 Sportsbetting: Analyzing the Current State and Preparing for Developments

Moderator:

Danielle Bush
Partner
Chitiz Pathak LLP

Panelists:

A. Gerold Goldlist
Partner
Davies Ward Phillips Vineberg LLP

Joel Rose
Partner
Aird & Berlis LLP

Rob Scarpelli
Managing Director
HLT Advisory Inc.

Ellen F. Whittemore
Of Counsel
Lionel, Sawyer & Collins

  • Delving into the legal framework of sportsbetting and parlay-betting available in Canada
  • Examining the status of the federal government in amending the Criminal Code of Canada to allow for sportsbetting
  • Indentifying the positions of the provinces regarding legalizing sportsbetting
  • Lessons learned from sportsbetting activities in Nevada: would this apply to the Canadian gaming scene?
  • Learning about online sports betting through offshore operators
    • Would legislative changes in Canada minimize this activity?

4:00 Chair’s Closing Remarks and Conference Concludes