Toronto Star

First Nations to fight N.S. pot monopoly

Dispute over cannabis jurisdicti­on rules raises constituti­onal issues

- BRETT BUNDALE

HALIFAX— Nova Scotia First Nations appear poised to take on the province’s marijuana monopoly — including one Mi’kmaq community that has enlisted Olympian Ross Rebagliati to roll out a “seed to sale” cannabis operation.

Sipekne’katik First Nation in Indian Brook, N.S., has plans to grow cannabis and sell it directly to consumers, while Millbrook First Nation is considerin­g retail locations, bypassing the provincial Crown corporatio­n slated to control sales once the drug is legal on Oct. 17.

The government says selling cannabis from a privately owned storefront will remain illegal in Nova Scotia, but Rebagliati argues that First Nations lands are federal jurisdicti­on and they are within their rights to set up dispensari­es.

The disagreeme­nt could set the stage for a constituti­onal showdown over cannabis sales.

“This is precedent-setting,” Rebagliati, a gold-medal snowboarde­r, cannabis expert and entreprene­ur said in an interview this week after his second visit to the Mi’kmaq community formerly called the Shubenacad­ie First Nation. “It’s rather unfortunat­e (the province) is taking that route.”

Canada’s provinces and territorie­s have opted for one of three retail models for cannabis sales: private, public or a hybrid of the two.

In Nova Scotia, sales will be government-controlled.

“We have said all along that our approach to legalizati­on is through a public health lens and that we will start wellregula­ted and tightly controlled,” a Department of Justice spokespers­on said in a statement. “At this time, we are not considerin­g a retail model outside of the Nova Scotia Liquor Corporatio­n.”

The province’s stringent stance doesn’t appear to deter First Nations communitie­s, with the Assembly of Nova Sco- tia Mi’kmaq Chiefs indicating it is exploring the economic opportunit­ies of cannabis.

Rebagliati said the Mi’kmaq community in Indian Brook has a strong plan, and he’s put together a “gold-medal team” to help them reach their goal.

“The model is to go seed to sale and that boosts the margins quite substantia­lly and gives them a competitiv­e edge,” he said from B.C. “They came to me with their ideas and they are super progressiv­e.

Chief Bob Gloade of Millbrook First Nation said the community has invested in a cannabis company and is considerin­g opening a storefront.

“We’re focusing on the retail side of it going forward and we’re working on details in that respect,” he said, saying for now the community isn’t launching its own production.

McGill University constituti­onal law professor Mark Walters said the situation raises important and controvers­ial legal and constituti­onal issues.

He said the “orthodox” legal answer would be that provincial laws will apply on reserves, unless a First Nation could show that regulating the sale of cannabis was a custom, practice or tradition integral to its distinctiv­e culture. However, he said there’s a strong argument that federal law protects a much broader right to Indigenous self-government than the courts have so far acknowledg­ed.

“There is considerab­le room here for an interpreta­tion of the law that would acknowledg­e Indigenous rights of selfgovern­ment over this issue.”

 ??  ?? Olympian Ross Rebagliati is working with a Mi’kmaq community on pot sales.
Olympian Ross Rebagliati is working with a Mi’kmaq community on pot sales.

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