Section 3: Gambling Law and Law Enforcement -- Submission to Task Force on Gaming on Reserves, Department of Indian and Northern Affairs (From Gambling in Canada: Golden Goose or Trojan Horse?, P 149-175, 1989, Colin S. Campbell and John Lowman, eds. -- See NCJ-126295)

• NCJ Number: 126304
• Author(s): V A Starr; M J Menczer
• Date Published: 1989
• Length: 27 pages
• Sale Source: Simon Fraser University
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Canada
• Note: *This document is currently unavailable from NCJRS.

Annotation

This chapter discusses the constitutional conflict that has arisen as a result of the arrests and prosecutions of Canadian Indians for conducting unlicensed bingo games on reserves. Although defense arguments have rejected, convicted Indians have been granted unconditional discharges because of the political nature of the issue.

Abstract

The Indian bands, which conduct bingo games on their reserves to supplement their annual operating budgets, argue that the Canadian "Indian Act" authorizes them to enact by-laws regulating the conduct of bingo games and other lotteries on Indian land. All such by-laws, save one, have been rejected by the Minister of Indian Affairs. This paper reviews the four statutes relevant to the issues: the "Canadian Criminal Code," "the Indian Act," places of Amusement Regulations, and "Policy Directives Respecting Licensing of Lottery Events in British Columbia." Comparisons to the American concept of Indian sovereignty are drawn, pointing out that the recent development of aboriginal rights in Canada aim at the accommodation of Indian self-government. Finally, the chapter sets out a constitutional position for allowing Indian jurisdiction over gambling in Canada. 3 notes and 3 references