Senate bill revives push to affirm First Nations’ gaming rights in Canada

A Canadian Senate bill seeking to affirm First Nations’ exclusive authority over gaming on their own lands has restarted a long-running debate over Indigenous jurisdiction and provincial control of gambling revenues.

Sen. Scott Tannas’ Bill S-241 would amend both the Criminal Code and the Indian Act to formally recognize that First Nations governments can conduct, manage or license gaming, defined in law as “a lottery scheme,” on their reserve lands. The measure would also allow First Nations to regulate those activities themselves, requiring only that they notify federal and provincial governments rather than seek approval.

“Simply put, the bill affirms First Nations governments’ jurisdiction and power to govern gambling activities on their reserve lands and does so in a way that matches identically provincial jurisdiction and powers in their respective jurisdictions,” Tannas told the Senate during second reading.

S-241 revives an earlier bill, S-268, which stalled in committee after being introduced in 2023. The Senate’s Indigenous Peoples committee held five meetings on that version and heard from 16 witnesses. “Since the introduction of [S-268], we’ve had an enormous amount of response from First Nations communities, both to me and in support of the bill,” Tannas said, adding that “a lot remains to be explored at committee.”

Support for the legislation has broadened, with 15 First Nations signing a memorandum of understanding backing the bill. Tannas called this “a great start.” One prominent opponent of the earlier proposal, the Mohawk Council of Kahnawà:ke (MCK), which argued S-268 intruded on its own gaming authority, now supports S-241 after further consultations.

The MCK has been a vocal critic of provincial gaming structures. It previously challenged iGaming Ontario’s regulatory model as “illegal and unconstitutional,” though the Ontario Superior Court dismissed that case in May 2024.

Tannas criticized what he described as decades of federal inaction on recognizing First Nations’ jurisdiction over gaming. “It has become clear that nothing is happening,” he said, arguing that provincial gaming monopolies underpin resistance to change. “Doing what’s right will cost somebody who previously had a monopoly… to face competition and innovation and to, ultimately, see less revenue than when they had a monopoly. This is what real economic reconciliation looks like.”

The senator said he did not consult provinces when drafting S-268 but has since held “initial conversations with certain premiers.” He acknowledged concerns about potential revenue loss but suggested provincial attitudes may be shifting. “Indigenous gaming has been subject to provincial control, to whatever whim the province has had… with no leverage on behalf of Indigenous governments… This bill seeks to level the playing field,” he said.

If S-241 advances to the Committee on Legal and Constitutional Affairs, provinces will be able to formally weigh in, a step the earlier bill never reached.

Tannas cautioned that the proposal faces political, financial and logistical hurdles. Even if Parliament approves it, First Nations will need to decide how to exercise their authority. Some, he said, may continue negotiating arrangements under provincial jurisdiction, while others could form a self-regulating body for their gaming operations.

“Those are questions best answered by Indigenous governments,” he said. “But, before we can do that, they need the ability to take these matters under their control.”