Shawanaga First Nation Assert Inherent Rights To Support The Creation Of An Independent Indigenous Gaming Authority

In light of the ongoing failure of the Ontario government to honour its duty to seek informed and prior consent on changes to legislation affecting Indigenous Rights, specifically, in regard to games of chance, wagering and with the recent provincial announcement that the market for online gaming in Ontario will open on April 4, 2022, Shawanaga First Nation Chief and Council assert their inherent rights to support the creation of an independent First Nations gaming authority to operate within the territory now known as the Province of Ontario.

Anishinabek have historically had the enjoyment of wagering on a multitude of processes since the dawn of time and before contact and will continue to exercise this Right as bestowed upon indigenous peoples by the Creator.

Canadian courts have repeatedly upheld that it is the fiduciary responsibility of the Crown to ensure that the best interests of Indigenous Peoples’ are addressed in a fair and respectful manner.  Ontario’s Attorney General and Minister of Finance have not formally addressed Shawanaga’s multiple concerns with respect to First Nations participation within gaming in the province, despite the First Nation’s repeated written outreach to both Ministers.

In its March 2021 discussion paper the province said it “will be engaging with the Ontario First Nations Limited Partnership which represents the gaming interests of 133 First Nations in Ontario as a signatory of the Gaming Revenue Sharing and Financial Agreement (GRSFA), regarding how revenues from the iGaming market could be shared” and that “the province invites Indigenous perspectives on the design of the iGaming market and input from Indigenous Leadership, organizations and First Nation businesses involved in gaming and iGaming”.

No consultation has been forthcoming. “Once again, we call upon the province to immediately halt the launch of the iGaming market in the province and to diligently and honorably hold discussions to consult with First Nations” stated Shawanaga First Nation Chief Pawis.

“We are astonished and deeply dismayed by the unwillingness of the provincial government to meaningfully engage with us and all First Nations on legislative developments in iGaming” he said. “To be clear, the Inherent, Indigenous, and Treaty Rights, Title and Interests of Shawanaga First Nation, signatory to the Robinson Huron Treaty of 1850, as they relate to gambling, wagering and games of chance, are not to be determined by any other body or persons other than Chief and Council, and only on their final authority on behalf of its Members and Citizens. With this announcement, Chief and Council are taking the next steps to asserting our inherent rights in support of the creation of an independent Indigenous gaming authority” added Chief Pawis.