Bill before Senate would recognize First Nations jurisdiction over gaming

Some number one Nations leaders in Saskatchewan say a banker's bill before the Senate that would apply them replete(p) verify over gambling on reserves will help their economic independence.

Bill S-241 would amend the criminal code and the Indian Act to place First Nations on equal footing with provinces when it comes to jurisdiction over gaming.

Bernard Shepherd, a former gaming director for the Federation of Sovereign Indigenous Nations which represents 74 First Nations in Saskatchewan, was among those charged when White Bear First Nation tried to open a casino on its lands in February 1993.

He said the community saw the economic advances many tribes in the U.S. Were making because of owning their own casinos. Although they thought they were operating legally, they were raided by RCMP.

The charges were dropped a year and a half later. In 1995, the province and FSIN signed a gaming framework agreement to allow casino operations to happen through the Saskatchewan Indian Gaming Authority (SIGA).

The framework said First Nations and the provincial government would work together on proposals to the federal government to allow First Nations full jurisdiction over gaming.

Shepherd said when he was with FSIN as gaming director they tried to move forward on that but with no luck.

“Ever since then there's been no movement from the provincial government to look at amendments of the Criminal Code,” said Shepherd.

He said he doesn’t think the bill will get passed.

Shepherd said the agreement limits the number of SIGA's slot machines; White Bear's casino gets a maximum of 150. Shepherd said if they were be able to adjust machines to the market, it would make them more competitive and allow them to make the casinos more of an anchor business.

"The economic reality is that with so few machines, the bank and other financing options won’t look at that part of it," he said.

The current framework agreement expires in 2037.

Bill S-241 was introduced last month and is currently in its second reading at the Senate. A similar bill was tabled in the last Parliament.

Speaking to a Senate committee about that bill last December, Kahkewistahaw First Nation Chief Evan Taypotat said funds generated by gaming would benefit his community.

Taypotat told the committee treaty funds promised to First Nations people are never enough to sustain each band.

"These funds can make up for where the treaty funds fall short," said Taypotat.

Taypotat said with the profits from his community's gaming ventures they hired two Cree language teachers at their school, but would love to be able to hire more.

“It gives those little kids hope of being culturally strong First Nations people of Canada and breaking that residential school effect because that is what language and culture does for us,” said Taypotat.

Whitecap Dakota Nation Chief Darcy Bear told the committee First Nations have an inherent right to gaming. 

“We need the federal government on board,” said Bear.

“Look at the U.S. Tribes and the relationships with the states they’re in; we need to look at that model on how they do it.” 

If passed by the Senate, the bill would then have to pass three readings at the House of Commons before becoming law.

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