Alberta has applied to intervene in a Supreme Court case that will decide whether Ontario can extend its online gambling market to include players outside its borders. The move comes from the province’s Attorney General, who wants to participate in the appeal focused on cross-border play in peer-to-peer games such as online poker and daily fantasy sports.
The case follows a November 2025ruling by the Ontario Court of Appeal, which found that international player pooling would comply with the Criminal Code. That decision came after a reference question submitted by Ontario officials and industry stakeholders seeking clarity on expanding beyond provincial limits.
In December, several provincial lottery corporations challenged the ruling. Manitoba Liquor and Lotteries, the British Columbia Lottery Corporation, and the Atlantic Lottery Corporation filed an appeal as part of a joint effort after previously taking part in earlier proceedings.
Legal Arguments Tied to Alberta’s iGaming Plans
Alberta’s filing highlights its interest as it prepares to launch a regulated online gambling market under legislation passed in May 2025. The province stated it has “a significant interest” in the outcome due to potential effects on the iGaming Alberta Act.
The submission explains that individuals outside Canada may participate in Alberta-regulated platforms if permitted under their own local laws. It also argues that the Supreme Court’s interpretation will directly influence how provincial legislation operates.
The filing states that “Alberta and Ontario have exercised their constitutional legislative authority to enact provincial internet-based gaming schemes,” adding that “harmonious interpretations that allow federal and provincial laws to coexist should be favoured.” Alberta also said its position would be “relevant, useful, and different” in assessing the broader impact.
Minister Dale Nally confirmed the move, saying, “We have filed an intervention application and look forward to participating in that process to provide our insights.” He added, “This matter is not expected to impact the timing of Alberta’s iGaming market launch.”
Ongoing Opposition And Broader Implications
Opposition from other provincial stakeholders continues. In February, the Atlantic Lottery filed arguments on behalf of a coalition of lottery operators, claiming Ontario’s approach to international liquidity “flouts” the Criminal Code.
The filing also raised concerns about private operators. It stated, “There is every indication that Ontario means to partner with the international affiliates of current iGO operators who today operate the international sites that illegally solicit Canadians outside Ontario … The undisputed evidence shows that the private gambling operators with whom Ontario has already joined hands use their legal platforms in Ontario as springboards to promote illegal international websites to Canadians outside Ontario.”
The coalition further warned, “While the issue today is international liquidity, the next case may involve a province seeking to assert authority to conduct lottery schemes that extend across the country.”
The Supreme Court’s decision is expected to define how provinces can expand online gambling beyond their borders, with implications for Alberta’s upcoming market.
Source:
“Alberta enters the chat in Supreme Court about Ontario player pooling”, canadiangamingbusiness.com, March 16, 2026
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