Nova Scotia Chief Says Mi’kmaq Have a Treaty Right to Sell Cannabis Amid New RCMP Raids
- Chief Terry Paul of Membertou First Nation asserts that the Mi’kmaq have a treaty right to grow and sell unregulated cannabis, emphasizing their self-determination and governance over their lands, which conflicts with the Nova Scotia government's position.
- Nova Scotia Justice Minister Scott Armstrong and Premier Tim Houston reject the claim, labeling all cannabis sales outside government outlets as illegal and stressing that drug sales are not a treaty or Aboriginal right in the province.
- Following Armstrong’s directive to prioritize cannabis enforcement, police have conducted raids on Indigenous-owned cannabis dispensaries in several Mi’kmaq communities, causing tension and criticism from Mi’kmaq leaders and organizations.
- Mi’kmaq leaders call for dialogue and collaboration with the province to establish a regulated framework for cannabis sales, while legal challenges regarding Indigenous cannabis rights continue to progress through the courts.
A First Nation chief is insisting the Mi’kmaq in Nova Scotia have a treaty right to grow and sell unregulated cannabis as an ongoing dispute with the provincial government shows no signs of letting up.
Chief Terry Paul of Membertou First Nation made the assertion Tuesday night in response to recent police raids on Indigenous-owned cannabis operations. His comments are in conflict with the position of the provincial government, which considers all cannabis sold outside Nova Scotia Liquor Corp. outlets to be illegal.
“Let us be clear that the Mi’kmaq have a collective treaty right to the sale of cannabis. We have the right to self-determination in our communities. We govern our people, lands, and priorities — not the province,” Paul said in a statement.
On Wednesday, Justice Minister Scott Armstrong said he disagrees with Paul’s stance on the treaty right. “I have the utmost respect for Chief Paul. I think he’s a fantastic leader. We’re going to differ on this,” he told reporters.
The recent rise in tensions follows Armstrong’s directive on Dec. 4 calling on all Nova Scotia police agencies to prioritize cannabis enforcement by identifying and disrupting illegal operations and distribution networks. He also wrote to 13 Mi’kmaq chiefs, requesting their co-operation as they tackle the “growing public safety problem” of illegal cannabis sales.
Since then, police have followed orders with a series of raids across the province, the most recent took place on Tuesday during which police seized cannabis from five dispensaries in Eskasoni First Nation, Potlotek First Nation, Paq’tnkek First Nation, Waycobah First Nation and in Digby, N.S.
The province maintains that multiple court decisions have consistently rejected the idea that cannabis sales are a treaty right. But there are other cases involving Indigenous-owned cannabis operators currently making their way through the provincial court system.
Premier Tim Houston also weighed in on Wednesday, saying he disagrees with Paul, adding that, “Drugs are bad.”
“Drugs are hurting communities across our province and across our country. The sale of drugs is not a treaty right in Nova Scotia. The courts have shown that. It’s not an Aboriginal right …. so we’re happy when we see the law enforced in this province,” Houston said Wednesday.
Maw-lukutijik Saqmaq, also known as the Assembly of Nova Scotia Mi’kmaw Chiefs, issued a statement Wednesday saying Armstrong’s directive and recent police raids have undermined the positive work that had been done to build relationships between the First Nations, police and the province.
“The provincial government giving directive to the RCMP, and then having the RCMP respond with raids, rather than discussions with community chiefs and councils, only further deteriorates our relationships with these Crown entities,” Chief Leroy Denny, co-chair of the organization, said in a statement.
Paul said the police raids were unnecessary and a violation of his community’s rights. “The RCMP and province of Nova Scotia continue to call our treaty right an ‘illegal’ operation, but the truth is, at this time it’s an unregulated operation in our community of Membertou, not illegal,” he said.
Paul said his community’s cannabis operations are only unregulated because the province has refused to work with the First Nation to create a legal framework for cannabis sales on its territory.
There are 51 cannabis outlets run by the Nova Scotia Liquor Corp., with one located on a First Nations reserve. The provincial government introduced a bill last week that would ramp up cannabis enforcement by increasing fines and allowing peace officers to enforce cannabis rules alongside police.
Wayne MacKay, professor emeritus of law at Dalhousie University, said last week it’s worrying the enforcement ramp-up comes “at a time when there’s both public and judicial questions” around Indigenous rights to sell cannabis on First Nation land. “There are significant arguments being made 1/8in court 3/8 that this is a matter of Aboriginal rights that people are dealing with … or even treaty rights in some cases,” he said.
Paul said members of his community have made major investments to establish cannabis operations, and he and his council support them. And he repeated his request for the province to work with Membertou to regulate cannabis.
Armstrong said he’d “be open to meeting” with Paul and any other First Nation chiefs after the sitting of the legislature wraps up.
Article from The Canadian Press