Mohawk Council of Kahnawake sues Ontario over iGaming regulatory scheme

Haley Hintze
Haley Hintze
Posted on: November 29, 2022 16:28 PST

The Mohawk Council of Kahnawake ("Kahnawà:ke") has sued the Canadian province of Ontario over Ontario's igaming regulatory regime and practices, declaring that the province's officials and agencies have implemented a "unilateral re-interpretation" of the "conduct and manage" laws under which iGaming Ontario has been charged with regulating all online gambling authorized in the province.

In a complaint filed on Thursday, the MCK alleges that iGaming Ontario's actions are illegal and unconstitutional and will undermine the "inherent Indigenous jurisdiction" of the Kahnawake Reserve, located just outside Montreal in Ontario's neighbor province, Quebec. The lawsuit specifically names iGaming Ontario and the Attorney General of Ontario as defendants. iGaming Ontario is a subsidiary agency of the Alcohol and Gaming Commission of Ontario (AGCO), which is charged under provincial law with regulating all gambling services offered in the province.

The Kahnawake nation, through several interrelated tribal and business entities, has itself offered services and support to the global online gaming industry for more than 25 years, though it is currently shut out of the Ontario market. The Kahnawakes' initial foray into online gambling in the late '90s was to some extent a tale of fortuitous timing and geographic convenience. One of North America's largest Internet data pipelines had previously been constructed across Kahnawake tribal lands, thus providing easy high-speed access that online-gambling providers sought.

Since 1999, the Kahnawake Reserve has also been home to Mohawk Internet Technologies (MIT), an entity wholly owned by the MCK, that provides hardware services and connectivity to online-gambling operators. Historically, many of those operators have been so-called "grey market" operators who are duly licensed by Kahnawake but not necessarily by all of the international jurisdictions where the operators may have offered services.