First Nations gambling rights back on Senate agenda
A renewed push to affirm First Nations’ authority over gaming operations is back in Canada’s Senate with Bill S-241.
Introduced by Senator Scott Tannas, the bill seeks to amend the Criminal Code and the Indian Act to recognize First Nations’ exclusive right to manage and license gambling on their lands — similar to provincial powers.
The bill is contentious because it would strip provincial governments of plenty of opportunities to raise revenue, with the success of iGaming Ontario, operating under the Alcohol and Gaming Commission of Ontario, which launched several years ago, showing how lucrative a well-run industry can be.
“Simply put, the bill affirms First Nations governments’ jurisdiction and power to govern gambling activities on their reserve lands and does so in a way that matches identically provincial jurisdiction and powers in their respective jurisdictions,” Tannas said.
While federal and provincial governments would be notified of any gaming operations, First Nations wouldn’t need prior approval. The bill builds on a previous version, S-268, which stalled but sparked broad engagement.
Since then, 15 First Nations have signed memorandums of understanding in support. The Mohawk Council of Kahnawàke, initially opposed, now supports the bill after further consultation.
Tannas noted some premiers have begun discussions, though financial resistance remains from provinces wary of losing gaming revenue. He called the bill a step toward “real economic reconciliation” by shifting power and ending provincial monopolies over Indigenous gaming rights.
First Nations groups are worried about the proliferation of online gambling, which has significantly detracted from gaming revenue on their lands, and does not allowing them to host their own online casinos, that people from their province.
