SK - First Nations deserve greater share of profits from gambling industry
New gaming deal needed
Darren Bernhardt, The StarPhoenix, Thursday, November 30, 2006
Saskatchewan’s Native leaders are threatening to scrap the gaming agreement with the province, saying government should no have jurisdiction in First Nations business.
"This is a big issue here — our inherent right to self-government," said Lawrence Joseph, the newly minted chief of the Federation of Saskatchewan Indian Nations (FSIN). "Gaming is a booming business that has benefi ted our communities. It’s time we took it over entirely and got the province out." Failing that, the provincial government’s share of profi ts must be slashed because the present revenue- sharing formula is far too generous, Joseph added. He spoke Wednesday at a special session of the FSIN legislative assembly, which continues today at TCU Place.
Attended by chiefs, councillors and elders from 74 First Nations represented by the federation, the session gives participants the chance to discuss everything from gaming jurisdiction and revenue sharing to establishing their own regulatory and licensing body.
The 2002 Framework Agreement, which governs First Nations gaming, is up for review for a sixmonth period beginning in December. In June, First Nations must decide whether to extend it, alter it or get out altogether.
"There will be opportunities for change. We will be consulting with all of you over the coming months," said Greg Ahenakew, CEO of the Indigenous Gaming Regulator (IGR), an Indian-run licensing authority created by the 2002 Framework Agreement.
Several First Nations have designated IGR as their regulator for on-reserve gaming over the Saskatchewan Liquor and Gaming Authority (SLGA).
On Wednesday, delegates approved a motion to make the IGR the mandatory authority for charitable gaming, including bingos, scratch games, poker tourneys and all casino table games.
"We’ll deal with it all internally. No more going to the province," Ahenakew said. "The IGR will be the exclusive authority on First Nation lands." Ratifying the motion simply gives direction to the team re-negotiating the gaming agreement. It must still be agreed to in the new deal.
The SLGA would retain control over VLTs and other electronic games as per law under the Criminal Code.
But some chiefs are challenging that as well.
"I see that as compliance and conforming. Stand up and fi ght for the treaties," Chief Todd Cappo of the Muscowpetung First Nation told Ahenakew.
"I’m not in a position to give up any jurisdiction at all." The treaties allow for First Nations to establish their own laws but, as Joseph noted, they can be superseded by the general law of the land.
Right now, the government takes all of the gaming profi ts each year and redistributes them to a First Nations trust fund, community development corporations and the general revenue fund of the province.
That control doesn’t sit well with the FSIN.
According to Ron Crowe, one of the members of the re-negotiating team, "the province has the right to withhold money if it deems any spending to be inappropriate, but there is no fair mechanism to fi ght those allegations and recover the money." Under terms of the current agreement, the provincial government receives 37.5 per cent of net profits.
In 2006, that amounted to $15 million — money that didn’t go to First Nations communities, Joseph noted.
"They have no problem taking their share of our money, but they’re not so willing to part with revenues from natural resources that are part of our land," Joseph said.
With new casinos opening up and revenues climbing every year, annual profi ts from gaming are expected to hit $220 million within fi ve years, vice-chief Morley Watson said.
dbernhardt@sp.canwest.com
© The StarPhoenix (Saskatoon) 2006
