Charity lottery on internet illegal, PEI court rules

Charity lottery on internet illegal, PEI court rules – Brief Article

CHARLOTTETOWN — PEI’S Court of Appeal yesterday ruled that the PEI government does not have the authority to issue the Earth Fund a license to operate the Earth Future Lottery.

The Court said that because ticket purchases could be accepted from outside the province by means of the Internet, the lottery was not being “conducted and managed in the province” as is required by the Criminal Code.

The Court was also of the opinion that a charity could not operate a lottery in which computers were used to access or purchase tickets, register the ticket numbers or advertise and promote the lottery.

Rejecting liberal interpretation of the Criminal Code to recognize the special situation of the internet, the Court points out: “Parliament does not happily abide gaming activities of any sort in Canada. The little it tolerates it does so grudgingly.”

Marshall Pollock, president of Lottery Management Inc. the company that was contracted to manage the lottery for Earth Fund, claimed the ruling also affects charities in British Columbia and Alberta that use the Internet or e-mail to promote and sell their tickets within their own province, as well as dozens of other charities in Ontario and elsewhere in Canada which employ computer-driven telemarketing services to do the same.

However, provincial lottery corporations for Ontario, Quebec, and British Columbia and the prairie provinces were pursing a suit in the Ontario Court of Justice against the Earth Fund and Lottery Management Inc.

Meanwhile, the Earth Fund is considering its options. 902-838-5836

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