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Madawaska First Nation is celebrating a win in its legal challenge of New Brunswick’s refusal to share casino revenue with the First Nation. The New Brunswick Court of Appeal released its decision, found here, ruling in favour of Madawaska First Nation’s challenge of New Brunswick’s decision to deprive the First Nation of casino revenues. In New Brunswick Lotteries and Gaming Corporation et al. v. Madawaska First Nation, the New Brunswick Court of Appeal rejected the Province’s appeal of a lower court decision that ordered the New Brunswick Lottery and Gaming Corporation (“NBLGC”) to share its gaming profits with Madawaska First Nation.
Madawaska was represented by OKT lawyers Nick Kennedy and Sarah Glickman.
Madawaska First Nation is home to the privately-owned Grey Rock Casino. The casino hosts a variety of gaming options, including gaming devices commonly called “video lottery terminals.” These devices permit players to play a variety of games of chance on a video screen. Under s. 24(5)(b) of New Brunswick’s Gaming Control Act, the NBLGC “may share” 95% of its profits from any “lottery scheme” on a First Nation’s reserve that “utilizes video gaming devices” if the First Nation meets certain conditions in the Act.
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