Still Pending Launch, Ontario Online Gambling Faces Its First Legal Threat
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Mississippi Island First Nation (MSIFN) have claimed that the Ford government's approach to online gambling is unconstitutional. Ford's government is trying to regulate, improve and develop what is currently a gray market. The wording of the relevant federal law is just as gray. iGaming Ontario announced an official launch date of April 4.
Section 35 of the Canadian Constitution recognizes and affirms existing rights for aboriginal peoples. Gambling, including betting, is a tradition amongst some First Nations communities.
Chief Kelly LaRocca of MSIFN wants to challenge the Ontario government in court. She claims the lack of consultation from the Ford government is a violation of First Nations rights.
Ford government's online gambling plan is a threat to First Nations. First Nation leaders are angry and will make the government accountable in an election year.
In June 2021, the federal government legalized single game sports betting. Chief Adam Pawis of Shawanaga First Nation asked for more details on the programming. He also wanted to share his perspective on iGaming and ask about their involvement in the online market. The Ministry of Finance granted him a meeting in October.
Ontario First Nations Limited Partnership receives 1.7% of lottery sales, casino revenue and related hotel fees from Ontario Lottery and Gaming. The Superior Court and Court of Appeals have found OLG violated the agreement by privatizing its casino operations. Federal law requires that all casinos be regulated by the provincial government. First Nation casinos have access to and the ability to profit from players within their own casinos. With the introduction of iGaming, the province will gain access and profit without sharing the income.
