PokerPulse Letters

From: legal
To: ministre@msp.gouv.qc.ca
Sent: Saturday, August 16, 2008 4:17 PM
Subject: Re: Quebec Provincial Discretion to Apply Federal Gambling Restrictions in Kahnawake

Hello Minister Dupuis:

The federal justice minister has advised me to seek your counsel regarding the extent of your discretion to apply (or not) federal gambling prohibitions in Kahnawake. (See enclosed e-mail of Aug. 13/08). According to the minister, "The general scheme of the gambling provisions of the Criminal Code is to prohibit all forms of gambling, except those specifically permitted by the Code. While Parliament enacts the gambling provisions found in the Code, the prosecution of these offences is the responsibility of the provincial attorneys general."

My questions are these:

1. Is there some provision at law granting that particular community an exclusive right to service for profit an unlimited array of remote gambling operations and to do so with full immunity from prosecution? If so, does that immunity extend to extradition obligations with the U.S., which has recently increased efforts to show how vigorously it opposes remote gambling operators' access to the U.S. market?

2. Am I correct to infer that the team recently appointed by the Kahnawake Gaming Commission (KGC) to investigate still more cheating allegations (see here) is indeed acting if not under your direct authority somehow in conjunction with your ministry?

3. Finally, in the event the KGC investigation reveals wrongdoing and there is subsequent disagreement between parties over compensation, would those parties have recourse to the ministry? If so, what would be the correct procedure in those circumstances?

Thanks in advance for your kind attention. I look forward to hearing from you.

L.M. Murray
Editor, LegalAtPokerPulse.com

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