What Happened

First Nations communities in Canada have operated gambling facilities since the 1980s and 1990s, under regulatory arrangements that have evolved through negotiation, litigation, and legislation. Today, First Nations gaming is a significant sector nationally, particularly in Ontario, Saskatchewan, and British Columbia.

Why It Matters

First Nations gaming is not a marginal aspect of Canadian gambling. In Saskatchewan, the Saskatchewan Indian Gaming Authority (SIGA) operates multiple casinos on behalf of First Nations communities, generating revenue that flows to the First Nations Development Fund rather than provincial consolidated revenues. Similar arrangements exist in other provinces.

The legal basis: First Nations gaming facilities operate under provincial lottery schemes, but the arrangements by which First Nations communities participate in gaming revenue reflect negotiated self-government and economic development frameworks. These are not simply provincially licensed operations; they embody recognized rights and government-to-government agreements.

Ontario’s context: Ontario is home to multiple First Nations gaming facilities, particularly in northern Ontario, operating under agreements with OLG. The introduction of the competitive iGaming market was conducted without a specific formal consultation process with First Nations governments that was made fully public, a gap that some Indigenous leaders noted.

Saskatchewan’s model: SIGA is one of Canada’s most developed First Nations gaming organizations. Its operational and governance structure is distinct from provincially operated facilities. SIGA’s revenue flows through the First Nations Development Fund to benefit communities, representing a form of economic self-determination through gambling revenues.

BC and Alberta: Both provinces have First Nations gaming facilities operating under provincial frameworks, with benefit-sharing arrangements negotiated between the provincial Crown and First Nations governments.

Online context: The extension of iGaming to competitive online markets raises questions that have not been fully resolved in most provinces: do First Nations have recognized rights or interests in the online market, and if so, how should those be accommodated? This is an active area of discussion in provinces considering market reform.

What’s Next

The relationship between First Nations gaming rights and provincial online gambling reform is likely to be an ongoing regulatory and political consideration. As provinces explore competitive iGaming models, engagement with First Nations governments about their interests and rights in the digital market will be an important component of the policy process.

Sources