Kahnawà:ke Will Not Appeal, MCK Recognizes Legal Standing in Gaming Dispute
The Mohawk Council of Kahnawà:ke (MCK), based in Quebec, has decided not to appeal the Ontario Superior Court’s recent dismissal of its challenge against iGaming Ontario’s online gaming and betting framework.
MCK argued that Ontario’s unilateral changes to gaming management were both “illegal and unconstitutional.” The Council’s main contention was that Ontario had misinterpreted Section 207 (1) of the Criminal Code, which allows provinces to regulate single-event sports betting, by permitting operators to “conduct and manage” gaming themselves.
However, last week, Justice Lisa Brownstone ruled in favor of iGaming Ontario (iGO). She determined that the agency’s gaming model and industry management align with the provisions of the Criminal Code.
Despite the unfavorable ruling, the MCK told Covers’ Geoff Zochodne on Wednesday that it would not contest the decision. Instead, it plans to pursue legal validation of its gaming rights through other channels.
MCK Satisfied with Legal Standing Acknowledgment
Although the court ruled against Kahnawà:ke, it did acknowledge that the Mohawk Council had the proper standing to challenge the province. Lisa Lahache, political press attaché for the Council, noted this as a “silver lining,” demonstrating that MCK has a “sufficient interest and expertise in the operation and regulation of gaming in Ontario.”
The Council has long asserted that the Mohawks of Kahnawà:ke possess an “Aboriginal right” to conduct and regulate gambling within and from their community. MCK has previously stated that Bill C-218, which introduced single-event sports betting and led to Ontario’s regulated market, has “changed the iGaming/sports betting landscape to the detriment of Indigenous People” and disregards First Nations’ rights to operate and regulate gaming safely and responsibly.
MCK also argued that being required to pay registration and licensing fees to operate in Ontario infringes on its legal jurisdiction over gaming. Due to its opposition to Ontario’s market, MCK ceased the operations of its subsidiary, Mohawk Online Limited, in the province.
MCK chief Cody Diabo commented on the ruling, stating, “As far as having to pay a provincial government some type of fee, it’s out of the question. It really puts us in a difficult situation for us to be operating. It’s unfortunate because the Kahnawà:ke Gaming Commission is renowned globally, but we can’t even operate basically in our own backyard because of provisions in C-218.”
Hopes for Progress with Bill S-268
Regarding alternative legal avenues, Chief Diabo expressed hope for progress with Bill S-268. Introduced by Sen. Scott Tannas last June, this proposed legislation would amend the Criminal Code to grant First Nations exclusive authority to conduct and manage lottery schemes on their reserves.
Sen. Brent Cotter recently supported the bill in the Senate, stating that it would “parallel the authorization” given to provinces for managing gaming in their jurisdictions, thus extending this jurisdiction to any First Nation that wishes to participate.
In its current form, the bill acknowledges First Nations’ rights to oversee gaming on their reserves. Chief Diabo and MCK Grand Chief Kahsennenhawe Sky-Deer recently met with Tannas in Ottawa to discuss potential amendments.
Chief Diabo expressed optimism, saying, “My only hope is that they’ll do what’s right in Bill S-268 and vote in favor of the proposed changes we’ve suggested, which would essentially put us back in the field of operating online gaming from the territory. That would essentially do what they should have done from the beginning and exempted or made a carveout for Indigenous communities.”
DeborahTheMarvellous I'm really impressed with WinSpirit's new VIP program! The tournaments sound exciting, and it's great to see a casino actually listening to what their players want. Can't wait to see what they have planned next.
Parkerroberts This is a perfect example of why self-exclusion programs exist. They’re there to help people stay away from gambling. Trying to bypass them not only defeats the purpose but can lead to serious trouble like this.
Donaldbetty It's concerning to see such young individuals involved in large-scale cyber attacks. This shows the importance of investing in cybersecurity education and preventive measures from a young age. Hopefully, the authorities can get to the bottom of this and prevent future incidents.
HarrisJennifer3 Whoa whoa!
JasonTheDynamic The graphics are top-notch.
DonaldTheXtraordinary Wow, Jonathan Tamayo's win is incredible! But I totally agree with the conclusion. Poker requires so much skill and dedication. I’ve seen too many friends lose big trying to chase these rare wins. Slots are definitely more my speed – simple and fun!
HelenTheLoyal Wow, what an incredible win for Monica Bouma! It's true that the odds of hitting such a jackpot are insanely low, but it’s stories like these that keep people coming back. Congrats to her, though I'll stick to my smaller bingo games for fun.
HelenTheAmbitious It's great to see that Ontario is cracking down on unregulated gaming sites, but lowering the RTP to 85% feels like a sneaky way to take more from players. Regulation should mean better protection, not just more ways for the house to win.
CrazyDaniel Well, what can I say, guys, here's your trust for you. Instead of 96%, now it's 94% RTP.
ParkerSusan7 It's really disappointing to see someone with Drake's influence promoting gambling like this. Young fans might follow his lead without realizing the risks involved.
BarbaraTheYouthful Just another fantasy for the poor... No one really wins like that.
WilliamTheTenacious These new slots of yours are just another way to squeeze the last penny out of players' pockets. So where is the innovation here? Just beautifully drawn pictures and promises of big wins.
SandraTheXtraordinary Excited to see Wazdan's games coming to Fitzdares, but the reduced RTP is a bit concerning. Hope the gameplay still stays fun and rewarding!
CharlesTheLuminous Excited to see ODDSworks expanding in Ontario! Their games are top-notch, but I hope the lower RTP doesn't make it too hard to win.
RuthTheXtraordinary I can't believe how generous Nolimit City is with this tournament! 500 free spins and an iPhone 15 Plus for the winner? Count me in!
Kahnawake's stance on gaming regulation is quite thought-provoking. It raises questions about jurisdiction and autonomy, but it's clear they're determined to protect their interests. It'll be interesting to see how their efforts evolve in the future.
I've always admired Kahnawake's commitment to self-governance and sovereignty. It's inspiring to see how they've asserted their rights, particularly in matters like gaming regulation. It's a reminder of the importance of respecting Indigenous communities.
Kahnawake holds such a rich cultural heritage. It's fascinating to learn about their traditions and history, especially regarding their role in gaming regulation. They've truly carved out a unique identity.