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7/29/2008: A Blueprint for Action: Canada’s Gambling Watch Network

A BLUEPRINT FOR ACTION TO REFORM CANADIAN GAMBLING LAW, POLICIES & PRACTICES INTO THOSE THAT ARE IN THE PUBLIC INTEREST

Presented to the Insight Nova Scotia Conference, Halifax, NS - October 4, 2004

CANADA’S GAMBLING WATCH NETWORK (CGWN)

Calls for the Adoption of a Precautionary Approach to Gambling And a Royal Commission into Gambling in Canada

FROM: Canada’s Gambling Watch Network (CGWN)
MESSAGE FOR THE FEDERAL GOVERNMENT OF CANADA AND ALL PROVINCIAL AND
TERRITORIAL GOVERNMENTS, GIVEN THAT:

A) There are inherent conflicts-of-interests with the provinces creating gambling polices, conducting, managing and promoting gambling activities for profit while regulating these gambling activities;
B) Recent media reports and credible research has revealed the real extent of the dangers and addictive qualities of gambling, especially Electronic Gambling Machines (EGMs);
C) There is credible evidence that preventable harm is occurring from provincially managed and regulated gamblingactivities;
D) These dangers pose a serious threat to the Canadian public due to disregard for public safety (including today’s youth, the first generation raised in a saturated gambling environment) and mismanagement of gambling by the provinces;
E) Government sanctioned gambling advertising and operations lack adequate and/or have no product safety information or protective measures;
F) Recent credible research and reports suggest that the operation of EGMs are misleading, deceptive and possibly fraudulent and the provinces have failed to ensure that EGMs do not contravene the Criminal Code of Canada or other federal statutes;
G) The provinces and gambling operators have put profits ahead of public safety and protection by not disclosing to the public the true nature, operation and potential danger of gambling, especially EGMs, and to date have not yet investigated questionable practices;
H) Recent media reports suggest that the security of Electronic Gambling Machines has been breached by person(s) unknown, raising serious questions as to the integrity of these gambling devices and the provinces’ ability to adequately conduct, manage and regulate gambling.

Therefore, EFFECTIVE IMMEDIATELY: CGWN CALLS THE ADOPTION OF A PRECAUTIONARY APPROACH TO GAMBLING

The precautionary principal or approach applied to gambling dictates that:
When gambling raises threats of harm to individuals and communities, precautionary measures must be taken even if some cause and effect relationships are not fully understood or established scientifically.
Governments have a duty-of-care to take action now given that there is substantial and credible evidence that harm is occurring, even if the exact nature and full extent of harm is not yet fully understood or proven.
The precautionary principle shifts the burden of proof, insisting that those responsible for gambling and its promotion must vouch for its harmlessness and be held responsible if harm occurs. In this context the proponents of gambling, rather than the public, should bear the burden of proof.
The process of applying the precautionary principle must be open, informed and democratic and must include all potentially affected parties. It must also involve an examination of the full range of alternatives, including strict protective measures and a ban on gambling.

Precautionary decisions must place the highest priority on protecting individuals and society, including parents and youth, and can help develop player protection technologies with effective safeguards and adequate regulatory enforcements. Government and gambling industry decisions must also be based on meaningful citizen input with the highest regard and respect for those who have been and may be impacted by gambling, not for those with financial interests.
Taking a precautionary approach is the only ethical and socially responsible way by which governments, regulators and their gambling operators can ensure the safety of citizens. Precautionary principals must be applied to all aspects of gambling and gambling decision-making, including the reformulation of gambling policies, legislation, regulations and practices. This should include ongoing and independent external audits of gambling operations and regulations. Anything less will further the needless endangerment of the public.

ADDITIONALLY, CGWN CALLS FOR A ROYAL COMMISSION INTO GAMBLING IN CANADA AND/OR CRIMINAL INVESTIGATIONS THAT WILL:

1. Investigate and fund a national independent study into the social impact and costs of 20 years of rapid gambling expansion in Canada;
2. Investigate through chief coroners’ offices, their mandatory policies and procedures for investigating and publicly reporting gambling related suicides;
3. Investigate how all provinces conduct and manage all aspects of gambling and if provincial gambling laws, regulations, gambling corporations or their operations may be contravening the Criminal Code of Canada or any other federal statutes;
4. Investigate inherent conflicts-of-interests by provinces acting as gambling policy makers, operators and regulators, promoters and profit takers;
5. Investigate why the dangerous properties of gambling, especially Electronic Gambling Machines (EGMs), have not been disclosed, which have unduly endangered the public and caused needless harm;
6. Investigate how anomalies and/or gambling systems in EGMs may have compromised their integrity, security and the safety of citizens;
7. Investigate all those in the “in the chain of cause” who would be considered responsible and accountable for not disclosing anomalies and the known hazards and dangers of gambling, especially EGMs, not limited to gambling machine manufacturers;
8. Investigate how gambling products can be fitted with player protection, if possible;
9. Recommend the best ways, following precautionary principals, that gambling can be federally regulated, while provincially managed to ensure the highest level of player protection, public safety, integrity and security.

Further, Gambling is still governed by the Criminal Code of Canada, which is the fundamental law of Canada. Therefore, CGWN calls on the Government of Canada to fully acknowledge its duty-of-care as it relates to gambling activities in Canada and the protection of all citizens. We believe that the Federal Government cannot distance itself from its responsibilities and the consequences of gambling, which is allowed through exemptions to the Criminal Code of Canada. The federal government must enforce the Criminal Code of Canada even though responsibility for conducting and managing gambling was passed to the provinces that are now promoting and operating, for profit, gambling products that are known to be potentially hazardous, deceptively addictive or possibly fraudulent. Parliament still maintains ultimate responsibility for enforcement of the Criminal Code of Canada and other federal statutes that may be contravened by the provinces or provincially run gambling and Parliament has a duty to immediately act to protect all citizens.

CGWN ALSO CALLS ON THE FEDERAL GOVERNMENT OF CANADA, TO IMMEDIATELY AMEND THE CRIMINAL CODE OF CANADA TO ALLOW FOR PARLIAMENT TO IMMEDIATELY TAKE OVER REGULATORY CONTROL OF GAMBLING THROUGH A NATIONAL GAMBLING CONTROL AGENCY. THIS WOULD REMOVE THE PRESENT INHERENT CONFLICT OF INTEREST OF THE PROVINCES WHO PROMOTE AND PROFIT FROM GAMBLING WHILE REGULATING IT.

THIS AGENCY WOULD HAVE A CLEAR MANDATE FOR PUBLIC SAFETY, SECURITY AND HARM PREVENTION AND FOLLOW ALL RECOMMENDATIONS PUT FORWARD BY THE ROYAL COMMISSION INTO GAMBLING IN CANADA.

FURTHER, THE GOVERNMENT OF CANADA MUST ENACT NEW LEGISLATION THAT WILL ENABLE PRECAUTIONARY GAMBLING POLICIES & PRACTICES TO PROTECT CITIZENS THAT:

1. Safeguards the Canadian public by immediately halting all gambling expansion (including current commitments) while armslength measures are completed to prevent placing any more citizens at preventable risk. This is an absolute moratorium (including a halt of new EGM types).
2. Supports creation of an independent “Canadian Gambling Control Agency” with a core mandate of citizen inclusion and representation, public safety; security and obligatory harm prevention (ensured by legislation);
3. Creates the Canadian Gambling Control Agency being independent of Government and having powers over all gambling policy, operations, promotions and regulations;
4. Ensures, starting immediately, that all gambling products, especially EGMs must carry:
a) Full product safety information - especially cautions on how the games work (i.e. illusions, distortions of probabilities of winning, virtual reels, virtual reel mapping);
b) Addiction potential warnings;
c) Known risks;
d) Contra-indications; and
e) Disclosure of odds of all games per legislated Consumer Protection obligations and the Federal Competition Act requirements.
f) Self-assessment and player protection technologies

5. Tasks Health Canada with responsibility to ensure that youth and parents at primary, secondary, and post-secondary levels will receive ongoing education regarding prevention of problem gambling as an obligatory part of the core curriculum, as well as providing prevention to the general pubic.
6. Empowers the Canadian Gambling Control Agency to direct all gambling operators to cease all promotions and advertising, pending assurances that all consumer protection and informed consent obligatory messages are in place. Further, establishes absolute legislative limits on gambling advertising and promotions including advertising expenditure limits.
7. Ensures, effective immediately that the Canadian Gambling Control Agency will have the mandate and authority to suspend and/or withdraw any public gambling product if harm is detected and/or adequate protective measures are not possible at this time.

Only, in this way, can the Federal Government of Canada ensure the safety and protection of its citizens against known hazardous gambling products and activities.
Gambling Watch Network is a coalition of citizen volunteers working against the harm being caused by the present over-abundance of gambling venues. Anyone agreeing with this aim is invited to join and subscribe to its free weekly e-mailed Newsletter.

Author: Roger Horbay

originally published on GWG October 27, 2007. Admin