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Alberta Cree Band Told to Cease Internet Gambling Plans
On March 6, 2007, Alberta’s Solicitor General, Fred Lindsay, announced that a Cree band on a reserve near Edmonton, has been put on notice in regards to its Internet gambling plans. The Alexander Cree band has set up a web hosting company and a gaming commission, which is offering Internet gaming licences starting at $20,000.00 (USD). The Alexander Cree band is known to have been receiving advice from the Kahnawake Mohawks.
The Solicitor General stated that at this point, the Alexander Cree band has not set up any Internet gambling website, and therefore have not yet violated any Criminal Code provisions. Alberta’s gaming commission is currently conducting an investigation into the band’s activities.
The Kahnawake Mohawks, who are advising the Alexander Crees, have been garnering international attention and notoriety since 1996, when the band passed the Kahnnawake Gaming Law establishing the Kahnawake Gaming Commission. Since 1996, the Commission has issued close to 500 licences to various Internet gambling websites at a price of $25,000.00 (USD) each.
The Kahnawake Mohawks maintain that their authority to issue such gambling licences stem from their long tradition of gambling, dating back to pre-European times when bets were placed on lacrosse games. As part of their tradition, gambling, even though prohibited by the Criminal Code, is nevertheless protected by Section 35 of The Constitution Act, 1982. The Mohawks also maintain that they constitute a sovereign nation within Canada, and therefore have the jurisdiction to enact their own laws as they see fit.
While such legal arguments have constantly been put forward by the Kahnawake Mohawks, many legal scholars are dubious of whether such arguments would survive a court challenge. The fact that the federal government has not yet prosecuted the band may have less to do with legal uncertainties and more with fear of significant political backlash of being seen as oppressing Native Americans.
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