The Mohawk Council of Kahnawà has chosen not to participate in a Supreme Court of Canada appeal concerning Ontario’s ability to share player liquidity for peer-to-peer online gaming with jurisdictions outside the province.
The dispute originated from an Ontario Court of Appeal reference question filed in late 2024. Ontario, supported by industry groups and major online poker operators, sought confirmation that the Criminal Code allows the province to connect players in games such as online poker and daily fantasy sports with participants in other countries.
The Court of Appeal ruled that the arrangement would be legal if Ontario continues to host and regulate its side of the activity. Several lottery corporationssubsequently appealed the decision to the Supreme Court.
Council Ends Its Involvement
Kahnawà participated in the earlier proceedings but decided against seeking intervenor status before the Supreme Court.
“The Mohawk Council of Kahnawà carefully considered its involvement at the appellate level and determined that its perspective would be sufficiently reflected by other intervenors in the proceedings based on the arguments raised at the Court of Appeal,” a representative of MCK, Tehosterihens Deer, told Canadian Gaming Business by email.
“In addition, the Council is mindful of the need to allocate its resources strategically and did not consider that further participation would be the most effective use of those resources in this instance. As a result, it elected not to seek leave to intervene before the Supreme Court of Canada.”
The appeal continues with participation from the Atlantic Lottery Corporation, British Columbia Lottery Corporation, Manitoba Liquor and Lotteries and Loto-Québec. Alberta Gaming, Liquor, and Cannabis is supporting Ontario as an intervenor.
Previous Legal Disputes
In the original case, Kahnawà argued that international player pooling would be unlawful because gaming activity would not take place entirely within Ontario. Ontario maintained that the model complies with the law because the province would continue regulating its portion of the activity.
The Council also challenged Ontario’s broader iGaming framework in 2024, arguing that it was unlawful and infringed upon First Nations gaming rights. Justice Lisa Brownstone dismissed the case, and Kahnawà chose not to appeal the ruling.
Alberta Supports Cross-Border Pooling
The Supreme Court case has also attracted attention from Alberta, which recently joined the proceedings as an intervenor.
In a submission filed on May 25, Alberta Attorney General Mickey Amery argued that the Criminal Code does not prevent provinces from linking peer-to-peer gaming liquidity with other jurisdictions when participating governments agree.
Support for interprovincial player pooling extends beyond the courtroom. Alberta iGaming Corporation CEO Dan Keene recently confirmed that Alberta and Ontario are working toward an agreement on shared liquidity.
“We’re currently working on a memorandum of understanding with Ontario about interprovincial liquidity,” Keene said during a panel discussion at SBC Summit Canada. “We’ll try and get that done as quickly as we can with our friends in Ontario. We are in favour of that … From a business and commercial perspective, it makes a lot of sense.”
Source:
“Kahnawà:ke withdraws from Supreme Court iGaming liquidity appeal” , candaiangamingbusiness.com, Jun 18, 2026
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