Alberta Joins Canada's Latest iGaming Legal Battle Ahead of July Launch

^{A Supreme Court case over cross-border online poker player pools is about to get more crowded, and the outcome could shape Canadian iGaming for years to come. (Photo: Jean-François Pelletier / Alamy)}

Canadian online poker's latest legal fight just got a new player.

On April 13, Supreme Court Justice Sheilah Martin approved Alberta Attorney General Mickey Avery's motion to intervene in Atlantic Lottery Corporation, et al. v. Attorney General of Ontario, a case that will determine whether Canadian provinces can legally share online poker and daily fantasy sports player pools with players from outside the country.

Currently, Ontario is the only province in Canada to operate a legal, commercial iGaming market. That status is central to the case at hand, which originates from a November 2025 Ontario Court of Appeal ruling that found Ontario could legally connect its peer-to-peer iGaming operations with players from other countries.

The decision was welcomed by supporters of cross-border play but prompted several provincial lottery corporations, including the Atlantic Lottery Corporation, BC Lottery Corporation and Manitoba Liquor and Lotteries, to appeal to the Supreme Court. Loto-Québec joined that appeal in late March.

Alberta's interest in the outcome is direct: it is about to become the second. Officials from both provinces have already discussed the possibility of sharing a joint liquidity pool for peer-to-peer play once Alberta's market launches, a move that would give online poker players in both provinces access to a significantly larger pool of opponents.

How the Supreme Court rules could determine whether that ever becomes a reality.

Alberta’s argument

Alberta's reasoning for joining the case is straightforward: the province is weeks away from launching its own regulated iGaming market, and it has taken more than a few cues from Ontario in doing so.

Set to open on July 13,  Alberta's market will become only the second of its kind in Canada after Ontario, allowing private operators to enter the province and compete with the government's own Play Alberta platform.

Alberta online casinos and poker sites will be licensed and overseen by the Alberta Gaming, Liquor and Cannabis Commission, in a similar structure to how iGaming Ontario manages the Ontario market.

Mirroring what the Ontario Court of Appeal ruled last November, Alberta has also built international access into its legislation from the outset. According to the province's own court filing, under the iGaming Alberta Act, players located outside Canada will not be prohibited from accessing Alberta-regulated sites, provided their home jurisdiction allows it.

In practical terms, this puts Alberta's legislation broadly in line with the cross-border model that Ontario has been fighting to defend in the courts.

"Consequently, this appeal will have a significant impact on determining the legality and operation of the iGaming Alberta Act," Avery's legal team wrote in their March filing.

Alberta is backing Ontario's position, arguing that the federal Criminal Code should be interpreted flexibly so that it does not conflict with valid provincial gaming legislation.

The province's concern is clear: should the Supreme Court overturn the Ontario Court of Appeal ruling, it could undermine Alberta's own legislation before its market has even launched, effectively closing the door on international player pools before they have had a chance to open.

As an intervenor, Alberta can file a written factum of up to 10 pages by May 25 and present five minutes of oral argument at a future hearing. However, the province cannot take a direct position on the outcome of the appeal, introduce new evidence or duplicate arguments already made by other parties.

Who else is involved? 

Alberta is not alone in wanting a voice in the proceedings. Other intervenors in the case include the Canadian Gaming Association, Flutter, which owns PokerStars, and GGPoker owner NSUS.

Both Flutter and NSUS have a significant commercial interest in the outcome, given that cross-border liquidity would substantially increase the size of the player pools available on their platforms. The Mohawk Council of Kahnawake, which operates one of the longest-standing gaming regulatory bodies in North America, also holds intervenor status.

On the other side of the argument, the four appealing lottery corporations, the Atlantic Lottery Corporation, BC Lottery Corporation, Manitoba Liquor and Lotteries and Loto-Québec, are all members of the Canadian Lottery Coalition.

The coalition has historically favoured a more ring-fenced approach to online gambling in Canada, which would keep player pools within provincial borders. Neither Ontario nor Alberta are members of that group, though Alberta's gaming commission was a founding member before departing in 2024.

Alberta was approved to intervene 11 days after Loto-Québec was granted leave to join the appeal, a sign of how quickly the case is drawing in participants from across the country.

With both Alberta and Québec now formally involved, every Canadian province except Saskatchewan has a stake in the Supreme Court proceedings.