Posted By JENNIFER BURDEN, QMI AGENCY - July 21, 2010
The Chippewas of Rama First Nation were denied their appeal application to the Supreme Court of Canada (SCC) regarding the 35% Casino Rama revenue case on July 8.
As a result of the SCC's decision, all avenues of appeal have been exhausted.
"It was certainly a disappointing decision," Rama First Nation Chief Sharon Stinson Henry said this week, adding they felt it was their responsibility to take the issue as far as they could.
Rama First Nation claimed it had a deal with the province upon establishing Casino Rama on its land in 1996, to receive 35% of casino revenues in perpetuity. The Chiefs of Ontario, representing the other 133 First Nations in the province, said Rama was only entitled to that percentage from 1996 to 2001 and after that, the money should be distributed among all First Nations.
The disputed Casino Rama revenue has been held in escrow since 2001.
In January of this year, The Ontario Court of Appeal ruled against Rama, agreeing that the 35% deal with Rama was only for the casino's first five years. Rama then filed a leave-to-appeal application to the SCC, which was denied, meaning the 35% funds in escrow must now be distributed.
"All along it has been one First Nation against 133 others," Stinson Henry said. "Since 2001, Rama has not received a dime from Casino Rama revenues."
Regional Chief Angus Toulouse, of the Chiefs of Ontario, has called an emergency special assembly for July 21 in Winnipeg at the Assembly of First Nations Annual General Assembly.
Under the Casino Rama Revenue Agreement, there is a requirement for an Ontario Chiefs-in-Assembly resolution in order for the release of the funds to take place. The funds have been segregated by the Ontario Lottery Gaming Corporation (OLG,) which has 60 days to release the money.
A required 80 chiefs or proxies must be present at the July 21 meeting in Winnipeg in order to draft the resolution.
Representatives from the Chiefs of Ontario could not be reached for comment.
Earlier this year, the Chippewas of Rama First Nation signed a new agreement with Ontario's gaming authority starting August 1, 2011. The agreement has a 20-year term and two renewable options which extend the agreement to 35 years. It is estimated to be worth $1 billion to Rama First Nation over the long term.
Stinson Henry said Rama First Nation is known known as a "proud, progressive First Nation" and it will continue to diversify economically and look for other opportunities, while still partnering with Casino Rama.