Criminal Code

Marginal note:Presumptions

• 198 (1) In proceedings under this Part,

  • (a) evidence that a peace officer who was authorized to enter a place was wilfully prevented from entering or was wilfully obstructed or delayed in entering is, in the absence of any evidence to the contrary, proof that the place is a disorderly house;

  • (b) evidence that a place was found to be equipped with gaming equipment or any device for concealing, removing or destroying gaming equipment is, in the absence of any evidence to the contrary, proof that the place is a common gaming house or a common betting house, as the case may be;

  • (c) evidence that gaming equipment was found in a place entered under a warrant issued pursuant to this Part, or on or about the person of anyone found therein, is, in the absence of any evidence to the contrary, proof that the place is a common gaming house and that the persons found therein were playing games, whether or not any person acting under the warrant observed any persons playing games therein; and

  • (d) evidence that a person was convicted of keeping a disorderly house is, for the purpose of proceedings against any one who is alleged to have been an inmate or to have been found in that house at the time the person committed the offence of which he was convicted, in the absence of any evidence to the contrary, proof that the house was, at that time, a disorderly house.

• Marginal note:Conclusive presumption from slot machine

  (2) For the purpose of proceedings under this Part, a place that is found to be equipped with a slot machine shall be conclusively presumed to be a common gaming house.

• Definition of slot machine

  (3) In subsection (2), slot machine means any automatic machine or slot machine

  • (a) that is used or intended to be used for any purpose other than vending merchandise or services, or

  • (b) that is used or intended to be used for the purpose of vending merchandise or services if

    • (i) the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator,

    • (ii) as a result of a given number of successive operations by the operator the machine produces different results, or

    • (iii) on any operation of the machine it discharges or emits a slug or token,

  but does not include an automatic machine or slot machine that dispenses as prizes only one or more free games on that machine.