The argument of whether poker is a game of skill is considered by many to be key in determining whether it is a legal activity.

For one Israeli man it was the difference in whether he would ever be allowed to return to Canada.

Last week a Canadian federal judge ruled on poker as a game of skill and took an unusual approach in backing up his ruling.

Israeli Man Deported Over Gambling Charges

Ofer Cohen was deported from Canada in April 2013 after the Immigration & Refugee Board (IRB) ruled he was not allowed into the country because he had committed criminal offenses in Israel.

Cohen was part of a team that operated an Israeli online poker site back in 2009. The site was shut down a year later when one of his partners was arrested on drug charges.

Cohen and one of his other partners were also arrested and later plead guilty to violating online gambling laws.

A warrant was issued for Cohen's arrest but he left the country to work in Europe.

Cohen was not immediately deported and remained in Canada until the IRB made its ruling last year. Afterwards he was sent back to Israel.

Judge Quotes Kenny Rogers Song in Ruling

Cohen appealed the IRB's ruling and Federal Court Judge Sean Harrington ruled on the matter last week. Harrington wasn't convinced that the website that Cohen helped create was illegal under Israeli law.

Under its laws a prohibited game is a contest where the result depends more "on chance than on understanding or ability."

Harrington first referred to an affidavit from American economist and game theory expert Randall Heeb on the matter. Heeb testified that Texas Hold'em is a game where skill predominates.

Harrington also stated that the IRB relied too much on an article by Israeli lawyers that claimed, "certain forms of poker constituted a prohibited game."

The lawyers never named Texas Hold'em as one of those games. Harrington issued a ruling on the matter because the IRB's decision could have prevented Cohen from ever returning to the country.

He then quoted lyrics from the famous Kenny Rogers song "The Gambler" that included where a player has to "know when to hold 'em" and "know when to fold 'em."

Cohen's lawyer believes Harrington's message was clear and that Texas Hold'em is not illegal in Israel.

Ruling Should Be Reviewed By Lawmakers Considering iPoker Expansion

While a Canadian ruling on "luck vs. skill" has zero impact on American laws it can help influence our laws if lawmakers choose to listen.

This is not the first time a judge outside of the United States has ruled that Texas Hold'em is a game of skill and not a chance-based game such as blackjack.

Lawmakers in other states considering whether to regulate online poker and other forms of gambling could take a lesson from this ruling in making decisions whether to legalize the activity.

Some lawmakers are uneasy with legalizing some forms of gambling because they rely heavily on a house-edge and can even be considered predatory in nature.

Online poker is not one of those games. While it is undeniable that luck is a part of the game, there is overwhelming evidence proving that skillful players win over the long-term.

Rulings like the recent one in Canada can give lawmakers that extra nudge needed to push them into voting favorably on iPoker regulation.

While the ruling may not be change the world, it could help influence change in the future.