Canada Could Open Its iGaming Market to the World as Supreme Court Hears Landmark Case

Canada's highest court is hearing a case today that could reshape the future of regulated online poker and iGaming in Ontario by determining whether players can legally participate in games involving people outside Canada.

On October 7, the Supreme Court of Canada [SCC] is hearing Atlantic Lottery Corporation et al. v. Attorney General of Ontario. At the center of the dispute is whether Ontario's regulated online gambling system can allow players located in the province to participate in games and betting involving international players while remaining compliant with Canada's Criminal Code.

The case could have particularly important consequences for online poker.

Why International Poker Liquidity Matters

Ontario currently operates a restricted liquidity model for peer-to-peer gaming. In practical terms, Ontario poker players cannot simply be placed into the same player pools as customers using affiliated platforms internationally.

International liquidity could change that considerably.

Connecting Ontario players with larger regulated international networks could mean more active poker tables, bigger tournaments and potentially larger prize pools. It could also help regulated operators compete against offshore poker sites that already provide access to much larger international player bases.

Ontario's proposed model would still require the Ontario side of the gaming system to be conducted and managed by iGaming Ontario [iGO], while Ontario players could interact with players using affiliated and appropriately regulated platforms outside Canada.

Ontario Already Won at the Court of Appeal

The dispute has reached the Supreme Court after a majority of the Ontario Court of Appeal concluded that the proposed international model could remain lawful under Canada's Criminal Code.

The Supreme Court's own case summary confirms that the majority answered Ontario's central legal question in the affirmative. Provincial lottery corporations subsequently challenged that conclusion, bringing the dispute before Canada's highest court.

The Supreme Court hearing also demonstrates the commercial importance of the case.

Flutter Entertainment, which owns PokerStars, is participating as an intervener, alongside NSUS Group, associated with GGPoker, the Canadian Gaming Association and the Attorney General of Alberta.

Alberta's participation is particularly notable as Canada considers what the next generation of provincial competitive iGaming markets could look like.

Could Canada Connect to the Global iGaming Market?

The case is ultimately about much more than poker tables.

A Supreme Court ruling supporting Ontario's position could provide a clearer legal pathway for internationally pooled gaming under provincial regulation. That could make Canada's regulated iGaming markets considerably more attractive to major international operators.

It could also affect channelization, because regulated poker platforms would be better positioned to compete with offshore sites offering larger international networks.

The opposing position raises an equally important question, which is how far can a province's authority to "conduct and manage" gambling extend when part of the gaming activity involves people physically located outside Canada?

That is the legal boundary Canada's Supreme Court is now being asked to define.

For Ontario, Alberta and international operators, the answer could shape a significant part of Canada's iGaming strategy heading into 2027.

No judgment has been issued yet. Today's hearing is an important step in the case, but the Supreme Court's eventual ruling will determine whether Ontario's vision of internationally connected regulated gaming can move forward.

Sources Used

Supreme Court of Canada. Atlantic Lottery Corporation, et al. v. Attorney General of Ontario, File 42141. Official case record and October 7, 2026 hearing schedule.
Court of Appeal for Ontario. Reference re Online Gaming and International Play, COA-24-CV-0185. Official court materials covering Ontario's proposed international gaming model and the underlying legal question.