ALEXANDER TRIBE REACTS TO ALBERTA ONLINE GAMBLING
WARNINGS
23 March 2007
"Alexander First Nation are now and have always
been sovereign Native peoples."
The Alexander Gaming Commission (AGC) has responded
strongly to warnings by the Alberta authorities that it
may be breaking the law by setting up a Kahnawake-like
online gambling jurisdiction and hosting facilities for
licensees.
The warnings from provincial officials came in the wake
of a major development by the tribe of Alexander
Internet Technologies (AIT), which has built a 25 000
square foot state-of-the-art Data Center offering
services to companies on a commercial and licensed
basis. Businesses likely to use the facility are oil and
gas, media and film, imaging, and online gaming, along
with other First Nations communities and businesses.
Alexander Internet Technologies has been licenced by the
Alexander Gaming Commission as an internet service
provider and data centre to offer hosting services to
AGC-licenced online gaming businesses.
The tribe's statement vows that the people of the
Alexander First Nation are now and have always been
sovereign Native peoples, and claims that Chief Ray
Arcand and the Council of Alexander First Nation have
consistently and historically exercised ultimate and
exclusive jurisdiction over the territory of the
Alexander First Nation.
It goes on to argue that the Alexander First Nation has
existing, inherent and inalienable rights which includes
the right of self-determination; the right to control
economic development within the Alexander First Nation
territory; and the right to promote and preserve peace,
order and good government within its territory.
"The Alexander First Nation entered into a treaty with
Canada in 1876, and has had ongoing governmental
relationships with Canada since then. This predates
Alberta's 1905 entry into Canada by 29 years," the
statement points out. "As gaming and gaming related
activities have a significant impact on economic
development and peace, order and good government within
its territory, the Alexander First Nation has the
ultimate and exclusive right and jurisdiction to
regulate gaming and gaming related activities within the
Alexander First Nation territory."
Quoting section 35 of the Canadian Charter of Rights and
Freedoms, the statement claims that the Province of
Alberta does not have any jurisdictional authority to
govern the Alexander First Nation, and that the
Alexander First Nation has a "...deep and long running
history of initiating, participating in and regulating
gaming activities, which are integral to the culture of
the Community."
The statement ends with an affirmation that the Chief
and Council of the Alexander First Nation, as the
governing body in and for its territory, has the power
and authority to enact the Alexander First Nation Gaming
Law.
Its creation of the Alexander Gaming Commission, setting
guidelines for operation of online gambling is therefore
legal, and that body's licencing of Alexander Internet
Technologies as an Internet Service Provider and Data
Centre Licence is legitimate.
Chief Arcand said: "We have cooperated fully and have
sought to meet with the Alberta Gaming and Liquor
Commission and the Government of Alberta, but our
requests have been refused or ignored. The Government of
Alberta desires to ignore our sovereignty and our right
to regulate online gaming transacted within our
territory, along with all of the positives of our
developing economic independence, and has chosen to
launch this attack.”
STOP PRESS: As we went to press this week it looked as
if a major confrontation was shaping up between the
Alexander Band and the Alberta law enforcement
apparatus. Responding to the tribe's assertion of its
sovereignty, Solicitor General Fred Lindsay said: "All
that concerns me is defending the law. I understand the
band has special rights. But they still fall under the
Criminal Code of Canada. I expect them to abide by the
law.
“If they don’t, we will do what we have to do. We’ll
(lay charges). You bet.”
The Code forbids gaming operations not licensed by a
provincial government. But the Alexander Gaming
Commission is still negotiating with a handful of
international e-gambling operations for the lease of
server space in the band’s 25 000-square-foot data
centre. No contracts have been inked yet.
The Edmonton Sun reports that the Alexander band seeks
to follow the example of the Mohawk Council of Kahnawake
in Quebec, which runs $20 million worth of Internet
gaming from its own data centre, estimating that the
band earns $2 million a year from the business.
Kahnawake Chief Mike Bush said the band council is still
“negotiating” with their provincial government to
sanction its gaming operation. Many industry observers
say Quebec hasn’t moved to stop Kahnawake’s Internet
gaming operation for fear of sparking a repeat of the
1990 standoff between armed Mohawks, police and soldiers
over the planned expansion of a golf course. A policeman
died during that siege.
“What they’re doing is a violation of the Criminal Code,
but the Quebec government won’t confront them because it
doesn’t want another Oka crisis on its hands,” said
gaming analyst Robert Williams of the University of
Lethbridge.
Chief Bush said the situation in Alberta doesn’t have to
go that far; Alexander has a “50-50” chance of winning
its case in court.
“I think the province is going to have a problem
convincing a court that their reading of the law is the
right one,” he said.
Online Casino News courtesy of InfoPowa
More news here.
Top of page |
Home |
News |
Forum |
Webcast |
Vortran |
Accredited Casinos |
Evil Ones |
Pitch a Bitch |
Online Gambling Resources |
Poker
|
