FIRST NATIONS GAMING
by-law enacted by the governing body of that First Nation”. This gives First Nations flexibility in shaping how lotteries on reserves will be conducted and managed. The amendments also cover charitable gaming licenses, fair or exhibition gaming, amusement park lotteries, and terms and conditions of licenses. As stated above, Bill S-268 would end the Provincial governments’ effective monopoly on the conduct and management of lotteries in Canada. It would be the first time in modern Canadian gaming law where Provincial governments do not need to be involved at all in for-profit gaming. It changes the regulatory and legal landscape of Canada completely. Now instead of there being a very small number of Provincial governments that can conduct and manage gaming and betting, there would be an enormous increase in the number of governing bodies that can conduct and manage gaming and betting. If Bill S-268 becomes law, hundreds of First Nations could potentially conduct and manage lotteries on their lands, each in accordance with their own laws or by-laws enacted by the governing body of that First Nation. This is a huge potential change because it opens up possibilities not just of tremendous revenue and financial gains for First Nations, but it is also incredibly empowering for Indigenous peoples when the Canadian government acknowledges the inherent and treaty Indigenous rights to make decisions about gaming on First Nations lands. Questions regarding the Bill remain open Although the Bill provides context and changes to the Criminal Code and the Indian Act, there are still many unanswered questions.
law. The Bill was put forward by Senator Tannas and completed first reading on June 20, 2023. There has been no activity yet on second reading . The Bill needs to complete second and third readings in the Senate and then three readings in the House of Commons in order for it to become law. Second, details have yet to be finalized surrounding what a gaming regime administered or operated by a First Nation will look like if the Bill does become law. Details regarding a gaming regulator for First Nations, including whether there will be a central Indigenous regulator, are unknown. What will cooperation among First Nations look like in this context? What kinds of resources will be required and how will they be pooled and shared? Third, if the Bill were to become law, First Nations would be offering “lots, cards or tickets in relation to a lottery scheme… … in the province”. Would First Nations cooperate with provincial gaming corporations or compete with them? Would the new commercial gaming activities proposed by the Bill include the right to conduct online gaming? Could First Nations take bets from a player located off-reserve, in another province or in another country, so long as the lottery scheme is conducted and managed on-reserve? The Future of Gaming in Canada The Canadian government has an ongoing responsibility to further reconciliation between Canadians and Indigenous peoples. According to the Truth and Reconciliation Commission’s 94 Calls to Action, the Canadian government must fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation. Recognizing inherent and treaty rights of Indigenous peoples is central to this. Every industry in Canada, including the gaming industry, must therefore prepare for an increase in proposed laws such as Bill S-268.
NEGIN ALAVI Lawyer, Segev LLP For information contact inquiries@segev.ca +1-800-604-1312
RON SEGEV Founding partner
First, it is unclear if and when the Bill will become
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IMGL MAGAZINE | OCTOBER 2023
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