SK - No going back on FSINs gaming deal
Pam Cradock, Saskatchewan News Network; CanWest News Service, Friday, December 01, 2006
SASKATOON — Scrapping the 2002 gaming agreement between the province and the Federation of Saskatchewan Indian Nations (FSIN) is not in the cards, says the minister responsible for the Saskatchewan Liquor and Gaming Authority.
On Thursday, Deb Higgins said that, contrary to recent comments made by FSIN Chief Lawrence Joseph, the agreement is only up for review, not termination.
"This is a 25-year agreement," Higgins said. "The parties have signed on to the agreement and my understanding is that needs to be maintained if gaming is going to continue."
The 2002 Framework Agreement governs First Nations gaming in Saskatchewan. It’s up for a six-month review period beginning this month, during which time both the province and the FSIN can bring forth any recommendations and or issues.
At a special legislative session of the FSIN on Wednesday, Joseph threatened to back out of the agreement. He said government should have no jurisdiction over the business of First Nations.
"It’s time we took (gaming) over entirely and the province out," Joseph said.
"That doesn’t work," said Higgins. Under the Criminal Code of Canada, gaming regulation falls to the provincial government, she said. Getting the province out would not be possible without significant changes made at the federal level.
"It’s within the partnership with the province that the FSIN has the ability to operate the gaming," Higgins said.
James Youngblood Henderson, a professor and research director at the University of Saskatchewan’s Native Law Centre, agreed with Higgins, with one exception. He said the law regarding gaming hasn’t been completely spelled out. Technically, the FSIN might be able to legally back out of the agreement if they wanted to, he said.
Henderson did say, however, that without major federal amendments, another agreement would have to take the previous one’s place.
Henderson said the provincial government can’t force the FSIN to stay in the agreement, but the province can go to the federal government for help. Aboriginal affairs are under federal jurisdiction, and the government of Canada has the ability to keep the FSIN in the agreement, he said.
"(But) then (the problem) becomes a treaty issue," Henderson said.
For the FSIN, it’s an issue of both money and control. Right now, gaming profits are sent directly to the provincial government, which re-allocates them as they see fit. The money currently goes into a First Nations trust fund, community development corporations and the general provincial reserve fund.
Under the current terms of the agreement, the government gets 37 per cent of all net profits, equal to about $15 million. Joseph objected to that on Wednesday, saying the money should be going directly to the people.
Higgins said the likelihood of the law being changed and the province stepping aside is currently open only to speculation.
"Just about anything’s possible, isn’t it?" she said. "If the government is going to change the Criminal Code of Canada, what options are open depends on how they change the Criminal Code and what changes they make."
Higgins said she hoped both parties can "work through this review period."
© The Leader-Post (Regina) 2006
© 2006 CanWest Interactive, a division of CanWest MediaWorks Publications Inc.
