| Owner's Blog - Canada Day | | Print | |
| Written by John Stavropoulos |
| Wednesday, 01 July 2009 12:03 |
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Canada was foaled on July 1, 1867 with the passing of the British North America Act by the United Kingdom Parliament, which created the Dominion of Canada and remains part of our current Constitution. The Constitution of Canada is the supreme law of the land, and a law is valid in this country only if it is authorized by a grant of power located in that Act of 1867. So, how does horse racing in Alberta tie into a piece of 142 year old British legislation that created our country? I know you’re dying to find out. I only know because constitutional law was a required course in law school. We had to write a research paper on fundamental legal principles that form the basis of our society. I was pretty confident that my classmates would cover off the deep and important topics of the “rule of law” and the Charter of Rights and Freedoms, so I picked horse racing.My task was to trace the legal basis for governmental control over horse racing in the Constitution and analyze the separation of powers granted to the federal and provincial governments to see which level of government controlled which aspects and under what authority. Here’s the skinny: The federal government has control over that aspect of horse racing that relates to gambling through its jurisdiction over criminal law. Judges in the early 1920s characterized racetrack gambling as “a condition dangerous to the moral health of the community,” a “local evil” and that racetracks are attended by “a certain dubious or dishonest class.” A bit harsh if you ask me. Regardless, the provisions of the Criminal Code make gambling illegal, but then provide for an exception for bets made in the context of properly regulated pari-mutuel wagering on horse races. The lawmakers must have decided that regulation erases immorality. Control over pari-mutuel wagering by the federal government is accomplished through a chain of delegation: the Criminal Code delegates authority to the Minister of Agriculture whose instrument of implementation is the Canadian Pari-Mutuel Agency (CPMA). The CPMA enforces regulations dealing with the supervision of pari-mutuel systems, pool calculations, photo finishes, video replays and drug testing. The CPMA’s mandate is to protect the betting public and is funded by the retention of 0.8% of every dollar bet in Canada. The provincial government has jurisdiction over the horse racing industry within the province of Alberta in all respects other than pari-mutuel wagering. The legislation governing the industry is the Horse Racing Alberta Act, which creates Horse Racing Alberta (HRA), a non-profit organization charged with the authority to govern, direct, control, regulate, manage, market and promote horse racing in any or all of its forms within the province, including the making of rules and their enforcement. This is the authority for the creation of the Rules Governing Horse Racing in Alberta - 176 pages of rules that subject all racing participants to a code of conduct that enhances and protects our industry. (Click here to download and read the rules.) Currently, the provincial Minister responsible for the Horse Racing Alberta Act is the Solicitor General and Minister of Public Security, Fred Lindsay. -copyright thehorses.com |
| Last Updated on Thursday, 02 July 2009 09:19 |
