The Semiahmoo First Nation plans to take the City of Surrey or B.C. Lottery Corp. to court if a gaming licence is approved for a proposed $100-million casino resort in south Surrey.

Semiahmoo band Coun. Joanne Charles said the band is consulting its lawyers on potential legal action with concerns the first nation was not properly consulted on the project and potentially faces an economic loss as it has also considered building a five-star hotel, conference centre and casino on 20 acres of its land on Beach Road near the U.S. border.

Public hearings regarding the proposal — from Gateway Casinos and Entertainment Ltd. and BCLC — are scheduled to resume Friday night. The proposed project is slated for 12th Avenue and 168th Street.

Charles says the area cannot sustain two major resorts so close together and the province and the city did not fulfil their duty to consult with the Semiahmoo First Nation.

“We may not be able to have that option because this one will be located right there,” Charles said. “We’ll take whatever legal action might be necessary to protect our legal rights and title.”

Surrey city council will hear the remaining speakers who signed up Monday for a public hearing on the project. Nearly 200 people turned out for the start of the hearing earlier this week, with 74 opposed and 112 in favour of the proposal, which includes a 60,000-square-foot gambling floor, 200-room four-star hotel and 27,000 sq. ft convention and entertainment centre with restaurants and lounges.

Gateway wants to move the gaming licence it has for the Newton Bingo Country casino on King George Boulevard to the new facility, meaning the Newton casino would close. The project requires city council’s approval before a gaming licence can be issued.

Semiahmoo cannot make any legal action until the BCLC receives approval from the city to grant the gaming licence, Charles said. It can then oppose the move, and seek legal action, such as an injunction to halt the project until consultation has been done.

The move would be similar to that made in 2004 by the Musqueam First Nation in connection with the River Rock casino resort in Richmond, which resulted in court-ordered consultation.

The Musqueam First Nation had alleged that under the Gaming Control Act, the City of Richmond and the BCLC were bound to “consult first nations and participate in arbitration before approving and deciding to relocate and expand the casino.”

The River Rock development went ahead, but the band was given title to the 17-acre BridgePoint Casino lands and holds the lease on the River Rock Casino.

The Musqueam do not receive any share of casino revenue in the deal.

Charles, who spoke at the hearing Monday, said Semiahmoo has no view either way on the proposed casino but wants to be properly consulted.

She maintains the proposed casino is different from the River Rock controversy because no ground has yet been broken.

Semiahmoo is in the midst of developing a master plan for its lands, she said, potentially including a resort casino. Any development would require negotiations with either Surrey or White Rock for infrastructure services such as sewer and water hookups — both of which are now lacking at the reserve.