A dispute has emerged between a mainland Nova Scotia Mi’kmaw rights group and Membertou First Nation in Cape Breton over a draft of an alleged proposed cannabis law which the rights group claims would “prohibit the distribution and sale of cannabis” within Membertou’s boundaries.
In a letter dated Nov. 24, 2024, sent to Membertou Chief Terry Paul and council members, as well as retired senator Dan Christmas, the Micmac Rights Association — based in Millbrook First Nation, near Truro — said they were writing “on behalf of our members in Membertou, as we understand from an undated draft of a proposed cannabis law that we were provided with.”
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The association went to say in the letter “that the Indian (sic) Act governance system in Membertou intends to prohibit the distribution and sale of cannabis within ‘Membertou lands.’
“Imposing such a prohibition on our members would violate their Aboriginal and treaty rights as Mi’kmaw people who have the constitutionally protected Aboriginal right to benefit from every plant and animal of creation, and the treaty right (outlined in Article 4 of the Treaty of 1752) to trade any product legal in Canada in ‘any settlement of the province’ to the ‘best advantage.’”
The association’s four-page letter makes reference to three position papers the group “produced in regard to (a) proposed cannabis control law” in Millbrook First Nation.
One such position paper from 2023 mentions what the association considers as 12 elements of a ‘Section 35 cannabis compatible law.’ Included among those 12 points: ‘Cannabis is a medicine provided by Creation. It grows upon (Mi’kmaq land). All people have a right to a relationship with creation, and (Mi’kmaq) people have a right to sustain themselves through their relationship with creation on their own lands.”
The Cape Breton Post reached out to a representative from the Micmac Rights Association for comment on how they learned of the draft of this alleged proposed cannabis law — and what specifically was mentioned in said draft.
A spokesperson responding on behalf of the MRA did confirm via email that information about the Membertou cannabis law, and the intentions of the chief and council, was provided to MRA members by an unnamed band councillor who allegedly is opposed to the proposal and wished to share the information about the proposed law with MRA members in Membertou.
The Post also contacted Membertou’s corporate office for an explanation what this alleged proposed law — if it existed at all.
A Membertou spokesperson could not confirm whether a proposed law was in fact in the works, but would only say that there had been a couple of recent events — one held in November at the Seniors Centre, a second one held in January, hosted by retired senator Christmas — “to engage in consultation with community members.”
However, in response to the Micmac Rights Association letter, Chief Paul did allude to a proposed cannabis law in progress.
A letter from the chief, dated Dec. 19, 2024, said that the MRA’s call for amendments to its proposed cannabis law “raises several serious concerns for us.”
Paul went on to write that the association “is not authorized to advance the inherent Aboriginal and Treaty rights to Membertou members. Second, your assertion that Membertou’s draft cannabis law would infringe our Aboriginal and Treaty rights is a fundamental misunderstanding of Canadian law. Lastly, this is not an appropriate venue for addressing concerns of Membertou First Nation’s members.”
The letter, however, did not specifically state what this so-called proposed cannabis law would entail.
The Post contacted Membertou’s corporate office again to speak with Chief Paul on this issue.
While the chief wasn’t available for a phone interview, he did respond with a statement via a Membertou spokesperson’s email.
“Membertou First Nation affirms its authority as the representative of its members’ Treaty rights. The proposed cannabis law respects Membertou’s right to self-governance, promotes community well-being, and does not infringe on constitutional rights,” he said in his statement.
“Community members are encouraged to engage in the ongoing law-making process and participate in the upcoming community engagement sessions.”
Following the October 2018 legalization of cannabis from the Trudeau government, Nova Scotia’s Indigenous leaders wanted to have more say on how cannabis would be distributed in the province.
In 2019, the Assembly of Nova Scotia Mi’kmaq Chiefs expressed its members concerns about the retail of cannabis products as it pertains to First Nations peoples across Nova Scotia.
Chief Paul, who also served as the assembly’s co-chair at the time, said the black market continued to flourish in Mi’kmaq communities without reasonable access to legal cannabis.
In early 2021, Cape Breton Regional Police issued a warning that it would crack down on any illegally operating cannabis dispensary in Membertou. Months later, band members voted by way of a community poll to allow these dispensaries to remain open, so long as the band regulates their operation.
Currently, more than a dozen privately owned cannabis dispensaries are operating in Membertou.
A spokesperson commenting on behalf of the MRA also said via email that a response to Paul’s letter would be forthcoming, but no other details would be revealed.
None of the MRA’s allegations regarding a proposed cannabis law for Membertou have gone before a court of law.
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