The respondent, a bingo hall manager on a First Nation reserve, was acquitted of keeping a common gaming house after continuing operations despite the revocation of a provincial gaming licence.
The trial judge acquitted the respondent, finding that criminal law could not be used to enforce compliance with a provincial regulatory scheme.
The Crown appealed.
The Court of Appeal allowed the appeal, holding that the trial judge erred in law by failing to recognize that the prohibition of gambling except as provincially regulated is valid criminal law.
The acquittal was set aside and a new trial was ordered.
