The Mohawk Council of Kahnawà:ke (MCK) wishes to advise the community that Ietsenhaienhs Tonya Perron will be attending the Ontario Superior Court to observe the hearing of MCK′s case against iGaming Ontario and the Attorney-General of Ontario from February 20 to 22, 2024 in Toronto.
In June 2021, the Criminal Code was amended to permit provinces to conduct and manage single-event sports betting, amongst other iGaming activities, in accordance with provincial laws. Ontario adopted its own online regulatory framework requiring gaming operators to register with the Alcohol and Gaming Commission of Ontario (AGCO) and enter into Operators Agreements with iGaming Ontario, a subsidiary of AGCO, in order to operate their websites in Ontario. This has for effect of disregarding Kahnawà:ke′s Aboriginal right to conduct, manage and regulate gaming activities. While the MCK has met with Justice Minister Lametti and other representatives of the Government of Canada to ensure Ontario is respecting the terms of the federal law, Ottawa has elected not to intervene or protect Kahnawake′s inherent right to gaming.
On November 28, 2022, the MCK mandated Olthuis Kleer Townshend LLP to file a Notice of Application with the Ontario Superior Court against iGaming Ontario and the Attorney General of Ontario, challenging the legality and constitutionality of Ontario′s unilateral re-interpretation of the “conduct and manage” provisions of the Criminal Code primarily because it is not conducting and managing gaming itself. Ietsenhaienhs Perron will return on Friday, February 23, 2024.
