A Legal battle is brewing between the province and the Brokenhead First Nation.

The reserve wants a new video lottery terminal lounge to allow smoking, just like the current one already operating on the reserve, but the province has said no, and now the debate is heading to court.

The current establishment is one of the few places in the province where someone can still have a cigarette while playing the VLT's. At this one entertainment centre on the Brokenhead First Nation smoking was allowed before rule changes by the province required new gaming centre's to be smoke-free.

That grandfather clause may soon end. Brokenhead Chief Deborah Chief says the province doesn't have the authority to end smoking in their reserve's VLT lounge, and have decided to take their case to court.

"These actions are complete and total disregard to our right to govern ourselves. Manitoba is saying yeah, you can govern yourselves, but as long as you do it our way," says Chief.

It all revolves around a new bigger gaming centre that has been ready to go since October. They've even installed an $85,000 ventilation system to reduce second-hand smoke.

The province says it will defend itself in court. That it won't grant a gaming license for this new facility until Brokenhead guarantees it'll be smoke-free.

The VLT's, are owned and operated by the Manitoba Lotteries Corporation, and while the province can't stop the smoking, it can take the machines away.

The province says it has the jurisdiction under the criminal code.

There is an agreement in place for 20 more machines, and Manitoba says that's still on the table as long as the new centre is smoke-free, either under provincial law, or a by-law passed by the First Nation itself.

This debate has nothing to do with the South Beach Casino, also located on the Brokenhead First Nation. That facility remains smoke-free.

With a report from CTV's Kelly Dehn