Next federal government needs to amend Cannabis Act, say First Nation chiefs

Some leaders worry status quo could lead to conflict


The Pot Shoppe advertises its wares in Tyendinaga, near Kingston, Ont. (Jorge Barrera/CBC)

The next federal government needs to amend the Cannabis Act so First Nations can have jurisdiction over the industry on their territories, to seize its economic potential and avoid potential conflicts, according to some Indigenous leaders.

First Nations were left out of the jurisdictional equation when the Liberal government passed its cannabis law, which put regulation of distribution and retail in the hands of the provinces while Ottawa oversees production.

This left them at the mercy of provincial decisions when it came to opening dispensaries on reserve — a situation rejected by many bands who see provincial governments as interlopers in a nation-to-nation relationship they believe should be strictly with Ottawa.

Alderville First Nation Chief Dave Mowat, whose community near Peterborough, Ont., has 13 unlicensed cannabis shops, said the next federal government needs empower band councils.

“There has to be a political will to amend the [Cannabis Act] so we can have a firmer footing, one that recognizes our jurisdiction and recognizes who we are,” he said.

Mowat said he worries that the status quo would lead to police action and conflict.

“I don’t want to see a raid happen on the reserve. Someone will get hurt if that happens,” he said.

“There are sizeable investments that have been made in some of these shops that could lead to serious altercations if that happens.”

Mowat, who was elected in July, said his band council is working on a law to regulate the industry in the community.

In Mowat’s view, the province has no jurisdiction on his First Nation. He said their law will be as strong or stronger than Ontario’s.

“Everyone wants to live in a safe community and I also want to see the community itself reap some of the benefits as well,” he said. MORE

 

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