|According to CBC news online, Prince Edward Islandís (P.E.I.) Court of Appeal has begun hearing arguments on the legality of a licence granted to the charitable organization Earth Fund two years ago. The charity, based in Ontario, was granted a conditional licence two years ago, but has yet to be given the go-ahead to proceed.|
At the heart of the court case is whether or not the Canadian provinceís has the jurisdiction to issue the licence from its base in Montague, P.E.I., with proceeds going to environmental organizations on the island. Other provincial lotteries are contesting the legality of the licence.
The province was advised two years ago that the lottery was legal, against the arguments of other provincial lotteries. The province is now asking the court for a ruling. On Monday, Earth Fund argued that as its web server and all management and conduct of the lottery will be based in the province, the issuing of the licence comes under provincial jurisdiction.
'That is the focus, and whether the purchaser is in Timbuktu or Mount Stewart, there is no requirement in the licence that the purchaser be in that province,' said Eugene Rossiter, Earth Fund's lawyer.
But Interprovincial Lottery Corporation chair Lynn Roiter argues that even though the lottery may be based in P.E.I., many of the 200,000 to 300,000 tickets the lottery will sell each month will go to off-Island buyers. 'It is our reading of the Criminal Code that you are only authorized to do that within your provincial jurisdiction,' she said.