The Ontario Superior Court has ruled against a challenge filed by the Mohawk Council of Kahnawà:ke. The challenge presented by Kahnawà:ke argued that how iGaming Ontario (iGO) was operating gambling in the country went against the code and was, therefore, illegal.
Court Ruling
After assessing all evidence and hearing from both sides, the Ontario Superior Court dismissed the case, stating that the model used by iGaming Ontario was legitimate. It found that the way iGaming operates is consistent with the Criminal Code of Canada.
Martha Otton, Executive Director of iGaming Ontario, said that they were confident that the court would rule in their favour. They said that the model contributes to the public good and puts the safety and security of players at the forefront of its action. Otton added that iGaming has also helped to fund public services in Ontario and has boosted the economy by providing well-paid jobs.
The initial challenge was lodged by the Mohawk Council of Kahnawà:ke in November 2022. This was just seven months after Ontario launched regulated gambling. The challenge argued that the government’s ‘unilateral changes’ to the gambling laws were unconstitutional.
Last Resort
The Mohawk Council of Kahnawà:ke has said that the challenge was their last resort after attempts to engage with the government regarding gambling changes had been dismissed or ignored.
Prior to the launch of the regulated market, the Council had been one of the biggest licensing operators in the country, having done so for 25 years. It had consistently opposed the introduction of Bill C-218, which saw sports betting legalised in the country.
The council said it believed the bill, and further changes, had been detrimental to indigenous people in the country. It also argued that the set-up disregards the expertise and the rights of the First Nations to provide safe gambling in Canada.
