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The Hamilton Spectator

Six Nations Chief David General believes the people will have to decide whether Internet gaming is a safe bet for Canada's most populous native reserve.

He said all members of the elected band council now agree the thorny question, which first surfaced three years ago, has to be determined by the voters themselves.

"The only way we can do it is by having a referendum," General said at the band council offices yesterday.

He said the vote would probably be held within the year and would mean contacting all eligible voters among the 22,000 band members, only about half of whom live on the reserve outside Brantford. The others are scattered over Canada and the United States and in military units overseas.

And even if supporters win the vote, elected officials would have to deal with the implications of sanctioning an activity that's still illegal anywhere in Canada.

The issue first surfaced in 2003 when a group called SixNet approached the Six Nations Gaming Commission (SNGC). It wanted to use a facility on the reserve for Internet gaming. At the time, local entrepreneur Gerry Monture was acting as SixNet's spokesman and promised to deliver a business plan to the gaming commission.

Proponents of Internet gaming claimed it would create high-tech jobs on the reserve and bring in about $3 million a year in licensing fees for the band council. As far as the legality was concerned, they argued the reserve is a sovereign nation and not subject to Canadian laws. They pointed out that the Kahnawake reserve near Montreal allows Internet gaming -- the only jurisdiction in Canada that does -- and could act as a model for Six Nations. The authorities have never tried to close it down.

Opponents, including General and about half the band council, argue the financial benefits would go mainly to private interests and not the people.

They're also concerned about the possible criminal and civil liability of sanctioning an activity their lawyers say is illegal in Canada. There is no specific provision in the Criminal Code exempting First Nations people from the law.

General said he isn't morally opposed to Internet gaming, but believes the band council would lose control of the activity under the SixNet proposal.

Band council documents say the gaming commission couldn't grant SixNet a licence because it has no jurisdiction over Internet gaming.

At one point, the band council issued a cease and desist order to SixNet for posting notices on its website imitating the council logo and leaving the impression that Internet gaming was permitted on the reserve.

Six Nations media adviser Dan David said the council hasn't yet obtained a business plan from SixNet or its financial backers. At public and council meetings, however, Louis Staats Jr. -- the son of band councillor Louis Staats -- is acting as its spokesman.

David said public information sessions were held late last year and the majority of people attending said they didn't want Internet gaming on the reserve.

The matter came to a head again at a band council meeting last week when Philip Skye presented the results of a "door-to-door" survey on Internet gaming. He told council he had personally questioned 2,153 people on the reserve. He said 973 supported Internet gaming and 835 opposed. The rest abstained. He calculated about 54 per cent of respondents supported the activity.

Some members of council, including General, challenged his survey methodology. They argued he was biased in favour of the activity, a fact he made clear in his questioning, and that he hadn't even verified the respondents lived on the reserve.

The Internet gaming referendum would be the second time band members have voted on gambling.

Years ago, the people collectively registered a resounding "no" to a proposal for a reserve casino.