Canada\u2019s indigenous peoples, known as First Nations, want to get in on the legal cannabis action \u2014 or, in some cases, to continue to prohibit marijuana, in spite of federal legalization. <\/p>\n
Some view cannabis as a ticket out of poverty. Others see it as a lure to further substance abuse, a deeply entrenched problem on many First Nations reserves. Either way, they are asserting their sovereign right to set cannabis policy in their own territories and some important test cases are shaping up in the process.\u00a0<\/p>\n
The\u00a0Alcohol & Gaming Commission of Ontario\u00a0last week announced a decision on who can apply to operate cannabis outlets on First Nations reserves in the province. The Shawanaga, Serpent River, Chapleau Cree, Couchiching, Mississauga, Wahgoshig, Wiikwemkoong and Nipissing First Nations were all cleared to have their applications considered.\u00a0\u00a0<\/p>\n
But\u00a0Nipissing First Nation<\/a>\u00a0Chief Scott McLeod told the\u00a0Canadian Broadcasting Corporation<\/a>\u00a0that there are still no formal agreements worked out with Canada\u2019s federal government over jurisdiction. He also asserted that the right to set cannabis policy on First Nation territory is a matter of sovereignty.<\/p>\n Referring to the individual applicant on the reserve in northeastern Ontario, Zachary Lacelle, Chief McLeod said: \u201cYou know we support the individual, but we don\u2019t necessarily support the idea that the province has jurisdiction in our First Nation lands. So, we\u2019re still pursuing the avenue of working out a bilateral agreement with the federal government so we can maintain jurisdiction and the creation of laws in our land.\u201d<\/p>\n He also decried the fact that no provisions for First Nations had been written into the Cannabis Act, which\u00a0took effect<\/a>\u00a0last October. \u201cWe have not been able to access a safe, legal supply of cannabis because we were left out of the federal legislation. [But] we didn\u2019t want to stand in the way of our individuals who wanted to partake in this economic opportunity.\u201d<\/p>\n The\u00a0Chiefs of Ontario<\/a>\u00a0issued a statement in June asserting that it is up to each First Nation to decide the status of cannabis in its territory, and to decide how it will be administered. The statement followed a motion passed at the\u00a045th Annual All Ontario Chiefs Conference<\/a>\u00a0in Sault Ste. Marie, exerting control over all matters related to cannabis on First Nation lands.\u00a0<\/p>\n The\u00a0resolution reads<\/a>: \u201cThere was little or no community consultation by the federal government and there are still no provisions in the legislation which address First Nation social and cultural needs, and rights to economic development, health, and public safety.\u201d It acknowledges that First Nations may consider following federal and provincial regulations, but clearly states that they have the jurisdiction to establish their own laws and regulatory framework. This includes \u201cregulation of the growth, processing and sale of cannabis and in all its derivatives.\u201d<\/p>\n \u201cFirst Nations must have their autonomy and authority recognized as rights holders at the table as governments when asserting their interests in the cannabis sector,\u201d the resolution states.\u00a0<\/p>\n On Aug. 21, the\u00a0Wiikwemkoong Unceded Territory<\/a>\u00a0on Lake Huron\u2019s Manitoulin Island became Ontario\u2019s first First Nation to win approval from the Alcohol & Gaming Commission to open a cannabis outlet. As the\u00a0Manitoulin Express<\/a>\u00a0reports, the store will actually be in an industrial park just outside the limits of the reserve.\u00a0\u00a0<\/p>\n A case that has become\u00a0emblematic of the contradictions<\/a>\u00a0facing Canada\u2019s indigenous peoples and cannabis policy is that of the\u00a0Muscowpetung First Nation<\/a>\u00a0on the prairie of Saskatchewan. Since last November, officials have been demanding the closure of a cannabis retail outlet operating on the reserve without provincial authorization. So far, the Muscowpetung have prevailed.<\/p>\n The Muscowpetung passed their own Cannabis Act last year, and opened a store on the reserve which\u00a0continues to operate<\/a>\u00a0today. The store, dubbed Mino-Maskihki (\u201cgood medicine\u201d), advertises recreational and medicinal cannabis products on its\u00a0Facebook page<\/a>.<\/p>\n Muscowpetung leaders and provincial Justice Minister Don Morgan met in Regina late last year to discuss the matter, but nothing was resolved. As the\u00a0Canadian Press<\/a>\u00a0reports, the question remains pending before the provincial courts. Chief Anthony Cappo maintains that the First Nation has a sovereign right to pass its own cannabis regulations.<\/p>\n \u201cIt\u2019s still operating under their jurisdiction. They gave themselves a permit,\u201d Cherish Francis, who speaks for the Muscowpetung, told the\u00a0Canadian Press<\/a>\u00a0earlier this year. \u201cIn our opinion\u2026 they do have a license because it\u2019s their land and their territory.\u201d<\/p>\n TELL US<\/strong>, do you think the Canadian government will crack down on First Nations cannabis trade?<\/p>\n The post Canada\u2019s First Nations Assert Their Cannabis Sovereignty<\/a> appeared first on Cannabis Now<\/a>.<\/p>\n
Canada\u2019s indigenous peoples, known as First Nations, want to get in on the legal cannabis action \u2014 or, in some cases, to continue to prohibit marijuana, in spite of federal legalization. Some view cannabis as a ticket out of poverty. Others see it as a lure to further substance abuse,Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":190,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[34,4589,50,2238,2667,687,81,11787],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/37717"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/190"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=37717"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/37717\/revisions"}],"predecessor-version":[{"id":37718,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/37717\/revisions\/37718"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=37717"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=37717"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=37717"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Test Case in Saskatchewan\u00a0<\/h4>\n
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\nRead More: Canada\u2019s First Nations Assert Their Cannabis Sovereignty<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"