Is Mohawk Gambling Legal?

April 24, 2008

With the passing of the Unlawful Internet Gambling Enforcement Act, or UIGEA, it would seem that online gambling is illegal. However, it is only the payment processing part that is illegal, and that is where it starts to get a little sticky, as we are not the only ones that have these kinds of grey areas. Canada is another one that is not particularly clear in its online gambling laws.

On the Kahnawake reserve, located near Montreal, they allow online gambling. In fact, they service online gambling sites, and many are wondering how this fits in with the new laws – and how it pertains to the tribe as they are considered a sovereign nation. Hosting online gambling sites makes a lot of money for the tribe, but some are questioning the legality of it.

They say that under the Canadian Criminal Code, wagering is prohibited over telephone lines, and that all gambling operations require a provincial gambling license. It is illegal to offer games that are considered to be part of a lottery scheme – and making money off of them puts you in even deeper waters.

With the provinces making their own laws as it comes to online gambling and lottery playing, it would seem that they should come under the ruling of their home province, but again, as a sovereign nation, who do they report to.

The World Trade Organization says that online gambling is legal from Antigua or Kahnawake, so it seems that this would answer the question on its own. However, others defy the WTO’s rulings, such as the US, so why couldn’t Canada?




Back to April 2008 Archive.