Kahnawake Gaming Commission
Encyclopedia
The Kahnawake Gaming Commission is a gaming regulatory body that licenses and regulates a large number of online casino
s, online poker
rooms and online sportsbook
sites, as well as three land-based poker rooms that are situated within the Mohawk Territory of Kahnawake.
The Commission was first established in 1996 pursuant to the Kahnawake Gaming Law enacted by the Mohawk Council of Kahnawake. The Commission's Regulations concerning Interactive Gaming were first enacted in July, 1999.
The permits issued by the Commission to online gaming operators are called Client Provider Authorizations. The Commission charges an initial application fee for a Client Provider Authorization of US$25,000, plus an application fee of US$5,000 for each Key Person Licence. Application fees include the cost of the first annual fee for both Client Provider Authorizations and Key Person Licences and are refundable if an application is not granted.
and that were most recently recognized and affirmed in subsection 35(1) of Canada's Constitution Act, 1982
. Since it was first established in 1996, the legality of the Kahnawake Gaming Law and the activities of the Commission have never been challenged under the laws of Canada or any other jurisdiction.
In July, 2007, in a case that raised a challenge to a decision of the Commission refusing the issuance of a permit, the Quebec Superior Court
, decided in favour of the Commission.
In September 2009, following a lengthy investigation, the Commission issued its decision in what has become known as the Ultimate Bet cheating scandal. The Commission's decision affirmed that cheating had occurred on the Ultimate Bet poker site and imposed a number of sanctions on Ultimate Bet's ownership, Tokwiro Enterprises
, including: a direction that approximately US$22,000,000 be refunded to Ultimate Bet players, a fine in the amount of US$1,500,000 and a direction that Ultimate Bet modify its operations in numerous specific ways to ensure there would be no further incidences of cheating.
Online casino
Online casinos, also known as virtual casinos or Internet casinos, are online versions of traditional casinos. Online casinos enable gamblers to play and wager on casino games through the Internet....
s, online poker
Online poker
Online poker is the game of poker played over the Internet. It has been partly responsible for a dramatic increase in the number of poker players worldwide...
rooms and online sportsbook
Sportsbook
In the United States a sportsbook or a race and sports book is a place where a gambler can wager on various sports competitions, including golf, football, basketball, baseball, hockey, soccer, horse racing, boxing, and mixed martial arts. The method of betting varies with the sport and the type of...
sites, as well as three land-based poker rooms that are situated within the Mohawk Territory of Kahnawake.
The Commission was first established in 1996 pursuant to the Kahnawake Gaming Law enacted by the Mohawk Council of Kahnawake. The Commission's Regulations concerning Interactive Gaming were first enacted in July, 1999.
The permits issued by the Commission to online gaming operators are called Client Provider Authorizations. The Commission charges an initial application fee for a Client Provider Authorization of US$25,000, plus an application fee of US$5,000 for each Key Person Licence. Application fees include the cost of the first annual fee for both Client Provider Authorizations and Key Person Licences and are refundable if an application is not granted.
Legality
The Mohawk Council of Kahnawake and the Commission have consistently asserted that the jurisdiction to enact the Kahnawake Gaming Law is an aspect of Kahnawake's Mohawk or "aboriginal rights" that have existed since time immemorialTime immemorial
Time immemorial is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record"...
and that were most recently recognized and affirmed in subsection 35(1) of Canada's Constitution Act, 1982
Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
. Since it was first established in 1996, the legality of the Kahnawake Gaming Law and the activities of the Commission have never been challenged under the laws of Canada or any other jurisdiction.
In July, 2007, in a case that raised a challenge to a decision of the Commission refusing the issuance of a permit, the Quebec Superior Court
Quebec Superior Court
Quebec Superior Court is the highest trial Court in the Province of Quebec, Canada. It consists of 144 judges who are appointed by the federal government.Chief Justices : [partial listing]* Edward Bowen...
, decided in favour of the Commission.
Regulatory activity
Presently, the Commission licences over 50 online gaming operators, representing an estimated 250 online gaming sites.In September 2009, following a lengthy investigation, the Commission issued its decision in what has become known as the Ultimate Bet cheating scandal. The Commission's decision affirmed that cheating had occurred on the Ultimate Bet poker site and imposed a number of sanctions on Ultimate Bet's ownership, Tokwiro Enterprises
Tokwiro Enterprises
Cereus Poker Network is an online poker network comprising Absolute Poker and Ultimate Bet. Cereus is owned by a private company, Blanca Games. Blanca Games purchased all Network assets in August 2010 from Tokwiro Enterprises. The Cereus network was one of the world's ten largest online poker...
, including: a direction that approximately US$22,000,000 be refunded to Ultimate Bet players, a fine in the amount of US$1,500,000 and a direction that Ultimate Bet modify its operations in numerous specific ways to ensure there would be no further incidences of cheating.