Passing of money makes poker illegal: police

CORNER BROOK - Const. Robert Edwards says people need to be aware of what they're doing when they play Texas Hold 'em.

The media relations officer for the Corner Brook Royal Newfoundland Constabulary said he doesn't know of any public poker games Corner Brook.

However, he said if there's a complaint, there is an obligation to investigate, whether the complaint of a parking infraction or a game of Texas Hold 'em.

He also acknowleged there is a controversy around poker.

"The game is not illegal, but how you play it can be illegal," Edwards said. Edwards. "The passing of money is going to make it illegal. The Trades and Practices Division of the provincial government states that there's no way any licensed establishment can get a permit for Texas Hold 'em or any poker game. You can get a Monte Carlo licence for a non-profit organization is what the Trades and Practices website says, however, there's certain regulations as to how this permit can be issued."

He said if there's a liquor licence for the site, there's no gambling permitted.

The website states it is possible for charities to get a Games of Chance Licence for a poker tournament if the total payout for the event is less than $500. It also says poker tables are permitted for those charities hosting a Monte Carlo-licensed event, as long as the ratio is less than three other games to one poker table.

The website also advises that establishments seek legal advice before hosting Texas Hold 'em tournaments to see if they would be in violation of Sections 201, or 206 of the Criminal Code of Canada.

Edwards said people often ask if the poker game they want to hold is legal. He said they can't say until there's a complaint and an investigation.

"If we determine through the investigation that there were breaches of the 201 section of the code - that's the section with the betting houses and gaming houses - at that point we determine if a charge is laid," he said. "We don't tell people, 'do this and it should be OK.'

"It's up to that company to converse with their own lawyer, to follow up with Atlantic Lottery Corporation, to follow up with the Trades and Practices section of the provincial government, who authorizes these permits. We can't tell them what's legal or illegal.

"If there's a complaint, we'll look into it, and if we find out certain elements of the Criminal Code's been breached we're forced to lay a charge. We can't give you advice on what to do.

"That's what these government agencies and lawyers are for."