Legality
The Mohawk Council of Kahnawake and the Commission have consistently asserted that the jurisdiction to enact the Kahnawake Gaming Law is an aspect of Kahnawake's Mohawk or "aboriginal rights" that have existed since time immemorial and that were most recently recognized and affirmed in subsection 35(1) of Canada's Constitution Act, 1982. Since it was first established in 1996, the legality of the Kahnawake Gaming Law and the activities of the Commission have never been challenged under the laws of Canada or any other jurisdiction.
In July, 2007, in a case that raised a challenge to a decision of the Commission refusing the issuance of a permit, the Quebec Superior Court decided in favour of the Commission. However, because the court ruled against the plaintiff it stated that "the Court does not consider it necessary to rule on the validity ... of the gaming law".
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