Indigenous Peoples

Wednesday, May 27, 2026

The Standing Senate Committee on Indigenous Peoples has the honour to table its

FIFTH REPORT

Your committee, which was authorized to examine and report on the subject matter of Bill S-241, An Act to amend the Criminal Code and the Indian Act, has, in obedience to the order of reference of Thursday, March 12, 2026, examined the said subject-matter and now reports as follows:

The Standing Senate Committee on Indigenous Peoples (the committee) studied the subject matter of Senate Public Bill S-241, An Act to amend the Criminal Code and the Indian Act over one meeting in April 2026. In 2024, during the 44^th Parliament, the committee studied the subject matter of former Bill S-268, An Act to amend the Criminal Code and the Indian Act over five meetings, hearing from 17 witnesses but did not prepare a report prior to the prorogation of parliament.

This report is based on evidence heard during both studies of First Nations gaming. There are some notable differences between Bill S-241 and the previous Bill S-268. Previous Bill S-268 proposed to authorize First Nations governing bodies, and those designated by them, to conduct and manage lottery schemes on reserve. Bill S-241 is broader, proposing the same authorization, “from or within” First Nations reserves, which may enable First Nations to operate online gaming platforms from within their reserves. The wider application to potentially include online gaming in the current bill was recommended by a witness in 2024.[1]

Broad support for Bill S-241 in its current form

The committee agrees with all witnesses it heard from on First Nations gaming, that Bill S-241 be enacted in its current form with no amendments. Support for the bill is widespread among First Nations governments involved in gaming and betting. Further, in 2023 a resolution from the Chiefs in Assembly at the Assembly of First Nations supported the former bill. Under the new proposed gaming regime, First Nations will have the choice to control, operate and manage betting and gaming from or within their lands; they can also choose to remain in the provincially regulated systems. Should the bill be enacted, First Nations would also retain a greater share of revenues from their casinos, which supports economic reconciliation.

An opt-in regime that could grant First Nations the authority to conduct gaming and betting

The bill proposes to amend section 207 of the Criminal Code to grant the governing body of a First Nation the power to conduct and manage lottery schemes from or within its lands and license individuals and organizations. It also proposes to amend the Indian Act to provide band councils with by-law making authority related to the same subject. First Nations can choose to remain in the current provincially-led systems of gaming and betting.

All told, “the Canadian gaming industry is large and mature” with an estimated $21 billion in gaming revenue annually. First Nations, provincial governments and private sector operators have invested $15 billion in capital to “support this revenue volume.”[2]

Colonialism denied First Nations their traditions of gaming and the current regime excluded First Nations when gaming was transferred to provinces

Many witnesses explained that First Nations have a long history of gaming and consider it a part of their collective, inherent Aboriginal and treaty rights, which they assert should be protected as such under section 35 of the Constitution Act, 1982. Gambling is a tradition among certain Indigenous peoples which generated wealth within communities and was used in diplomatic relations.

Under the Constitution Act, 1867, jurisdiction over First Nations lands lies with the federal government. Colonialism and assimilation policies of the federal government prohibited gambling, with restrictions added to the 1886 and 1930 versions of the Indian Act.

In 1985, the federal government ceded the regulation of gaming to the provinces and did not consider the option of gaming on First Nations reserve lands. This exclusion represented a continuation of federal colonial practices, which leaves First Nations to negotiate with the provinces to establish gaming and betting regimes on their lands.[3]

Revenues retained by First Nations depends on agreements with provinces

Currently, the provinces dictate the terms of gaming operations and market share to First Nations. Provinces decide the proportion of revenue that can be retained by First Nations; if revenues are shared with other First Nations in the province; and the amount of gaming revenue it retains from First Nations.

As explained by a witness, in Alberta “Host First Nations give 30% of their slot revenue to the Province of Alberta and 10% to non-host First Nations. Effectively, host First Nations give up 40% of the revenue from their hard-earned money generated in their own casinos. To my knowledge, there is no other industry on First Nations lands where a First Nation must give up part of their revenue to the province and part of their revenue to other First Nations.”[4]

In Saskatchewan, 25% of the net revenues from the seven First Nations casinos are provided to the provincial government. Under this regime, another 50% of the net revenues are retained by First Nations under the First Nations Trust and are shared across all First Nations in the province on a per capita basis Twenty-five percent of net gaming revenues are provided to community development corporations operated by First Nations Tribal Councils.[5]

Ontario has a similar model whereby revenues from the Rama First Nation’s casino are shared with First Nations in the province. Under a partnership with Ontario Lottery and Gaming Corporation, the regulatory body conducts and manages gaming; Gateway Casinos & Entertainment operates the casino on behalf of the First Nation; and Rama First Nation owns the building and entertainment complex. The current regime causes some challenges to the First Nation operator as it restricts Rama First Nation from “tapping into the full potential of this industry.”[6]

Ontario granted gaming licenses to other casinos in the Greater Toronto Area after Casino Rama was established. As a result, revenues and employment at Casino Rama has decreased from $500 million a year in 1996 with 3,000 employees to $200 million a year in 2024 with 1,100 employees.[7]

First Nations with gaming and betting could decide to retain all revenues or share with others

Under Bill S-241, First Nations involved in gaming and betting could retain all the revenues earned on their lands or they could decide to share revenues with other First Nations. However, if all gaming and betting revenues were retained by First Nations that are casino operators, that would mean less resources allocated to the rest of the First Nations in a given province. This could be difficult in particular for First Nations in rural or remote locations, as they may not have a solid economic base. This could create greater hardships for some. On the other hand, one First Nation leader pointed out that First Nation casino operators do not obtain any revenues related to oil and gas or mining on other First Nation lands.[8]

First Nations gaming and betting regimes use revenues in innovative ways

Rama First Nation has a revolving loan fund to support mortgages off reserve to build homes for members. Tsuut’ina Nation invests its remaining revenue in community initiatives with 14% of revenues invested into health and social development, 27% fire and policing services, 18% is invested in housing and 41% for education.

First Nations gaming and betting supports economic growth and employment

First Nations gaming contributes to economic growth and employment in surrounding municipalities. For example, over 26 years since the establishment of Casino Rama in southern Ontario, over $2 billion in capital has gone to businesses in Orillia and Barrie, Ontario. The casino employs 1,100 people and has annual revenues of $200 million.

Whitecap Dakota First Nation employs 300 people in its casino in Saskatchewan, and another 125 individuals are involved in operations and governance. The hotel associated with the casino employs 135 people with a net revenue of $43 million in 2023.

Public health gambling-related challenges

Some people who gamble may experience gambling-related public health challenges such as addiction and mental health issues. Some First Nations have developed initiatives and programs concerning problem gambling; for example, the Federation of Sovereign Indigenous Nations in Saskatchewan allocates about $22.5 million on an annual basis for gambling problems and addictions from its gaming revenues.

[1] APPA, Evidence, Edmund Bellegarde, President and Chief Executive Officer, and Chief Executive Officer of Kihew Consulting & Research Inc. FHQ eCommerce Ltd, December 3, 2024; APPA. Evidence, Roy Whitney, Chief, Tsuut’ina Nation, November 20, 2024; APPA, Evidence, Bobby Cameron, Chief Federation of Sovereign Indigenous Nations, November 20, 2024.

[2] APPA, Evidence, Rob Scarpelli, Managing Director, HLT Advisory Inc, December 2024.

[3] APPA, Evidence, Yale D. Belanger, Professor and Chair, Department of Political Science, University of Lethbridge, April 22, 2026.

[4] APPA, Evidence, Roy Whitney, Chief, Tsuut’ina Nation, November 20, 2024.

[5] APPA, Evidence, John C. Hill, Legal Counsel, Federation of Sovereign Indigenous Nations, November 20, 2024.

[6] APPA, Evidence, Ted Williams, Chief Chippewas of Rama First Nation, November 26, 2024.

[7] APPA, Evidence, Ted Williams, Chief Chippewas of Rama First Nation, November 26, 2024.

[8] APPA, Evidence, Roy Whitney, Chief, Tsuut’ina Nation, November 20, 2024.

Respectfully submitted,