One Step Forward In Kahnawake Versus Quebec

According to a report of APTN National News in Canada, the long standing feud between the Kahnawake Council and the provincial government of Quebec has seen a bit of a thaw. Resolution of the dispute is still far away. Reports said that Quebec's minister of aborigine affairs, Geoffrey Kelley, held talks last week with representatives from Kahnawake, which hosts one of the largest online gambling jurisdictions in the world.

The government of Quebec has always held that Kahnawake has no authority to issue licenses to online casinos. Now, after the launch of its own online gambling site Espace Jeux through Loto Quebec the government has become more proactive and has made its stand clear that it is the only legal licensing and regulating authority for the province. On the other hand, Kahnawake has been claiming sovereign rights in the First Nation enclave just outside Montreal and claims that the Kahnawake Gaming Commission is functioning legally under Canadian law.

In March this year, Quebec ramped up the rhetoric against the activities of the Kahnawake Gaming Commission. Apparently Kahnawake Grand Chief Michael Delisle felt that it was no longer prudent to ignore the warnings issued by the Quebec province. Therefore the Kahnawake Council reportedly initiated a meeting with Minister Kelley. In the meeting Delisle explained his position and the undesirable consequences of the steps provided for in the Quebec Economic Action Plan released last month. Kelley promised hold a "good discussion" in order to achieve clarity and then investigate the issues involved.

The Quebec Economic Action Plan provides for the introduction of a legislative amendment that will allow the government to filter illegal websites. This is proposed to be achieved by ordering Internet service providers (ISPs) to block specified online gambling websites. Loto Quebec would draw up the list of websites that are to be blocked. The provincial government has claimed that gaming operators licensed by jurisdictions like the Kahnawake Gaming Commission do not enforce the same level of responsible gaming measures as Espace Jeux. Therefore these sites pose a risk to the population, especially young people, who continue using them despite the availability of the state sponsored site.

Law Professor Michael Geist at the University of Ottawa has questioned the legality of the initiative. He said, “The plan would likely face a legal challenge, both on free speech and jurisdictional grounds, since the telecommunications regulations fall within federal jurisdiction.” He added that this would be a dangerous precedent as well.

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