J. (dissenting):-For the reasons given by Porter
J.A. in the Appellate Division, I would allow this appeal.
While there is some element of skill involved in the operation of the machine, in that one player may obtain a better result than another, it is still an offence if the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator. Chance or uncertainty to the operator must be present unless he can, without any possibility of failure, achieve any result that he wishes or unless the result is automatic. I do not think that uncertainty to the operator can be given the restricted meaning set out in the reasons of my brother Taschereau.
Appeal dismissed, and JJ. dissenting.
Solicitor for the appellant: The Attorney General for
Alberta.
Solicitors for the respondent: Miller, Miller & Witten,
Edmonton.