Nova Scotia First Nation bans premier from Indigenous land in wake of cannabis crackdown
A Nova Scotia Mi’kmaw First Nation has banned the province’s premier and two of his ministers from their lands as “undesirables” in the wake of a recent directive from the province for police to crack down on illegal cannabis sales.
“Sipekne’katik First Nation has signed a Band Council Resolution declaring that Nova Scotia Premier Tim Houston, Justice Minister and Attorney General Scott Armstrong, and Minister of L’nu (Indigenous) Affairs, Leah Martin, are banned as undesirables from ALL Sipekne’katik band lands,” said a press release from the band.
It goes on to say, “The Nova Scotia Provincial Government has no jurisdiction on reserve lands.”
Houston told reporters Wednesday that he’s worried about “the potency of some of the products” being sold at unlicensed pot dispensaries, especially the edibles. “We just want to do what’s right to protect Nova Scotians.”
When asked about the Sipekne’katik ban, which comes with the threat of a $50,000 trespassing fine, Houston said, “It’s still Canada. To have somebody banned from a community with an ‘or else’ statement is kind of bizarre for me.”
During his time in office, Houston hasn’t “come to my community to develop relationships with the Sipekne’katik elected leadership,” Chief Michelle Glasgow said in the release. “He has continued to radicalize colonial practices to suppress our community and fellow Mik’maw by forming Laws that direct harm against us. He appointed a Justice Minister and Attorney General who does not follow the highest law of Canada, the Constitution, and appointed a disrespectful person who has no right to speak on our behalf, as the Minister of L’nu Affairs, Leah Martin — he should be deeply ashamed of these actions.”
Houston “has lost all credibility as the province’s elected Premier; he continues to be ill-advised on anything related to L’nu Affairs and continues to violate constitutionally protected Mi’kmaw rights,” added Chief Glasgow. “They don’t have our best interest at heart.”
Glasgow could not be reached Wednesday for comment.
The premier said Wednesday that he’s heard from “lots of people who live in communities who are not happy with the illegal cannabis in their communities, not happy with the traffic that’s coming, the people that are coming to their communities to buy an illegal product. So, there’s always multiple sides to the story. Those are voices that I think have not been heard, in many aspects, but I hear them. And I hear Nova Scotians who are worried about public safety.”
When asked about the seemingly fractured relationship with First Nations communities Houston said, “We’ll just have to figure out why that is. We’re focused on Nova Scotians, protecting Nova Scotians, upholding the law, making sure that there’s one set of laws for every Nova Scotian. They’re there for a reason.”
Wayne MacKay, a professor emeritus at Dalhousie University’s Schulich School of Law, called Sipekne’katik’s ban a “clever political manoeuvre.”
The ban appears to be legal, MacKay said Wednesday.
“There are at least two ways that a band council can ban people,” MacKay said.
“The Band Council does have the authority to ban people who are deemed to be a safety or health threat to the community. It may have to be in the form of a bylaw passed under the Indian Act provision allowing Band Councils to do so,” MacKay said. “There is debate as to whether it can be done by Band Council resolution as done in this case. Any such banning would also have to be respectful of Charter rights.”
He sees it as “an attempt to embarrass the politicians.”
The $50,000 penalty for trespassing might not be legal, MacKay said.
“There is some debate,” he said. “It’s kind of irrelevant because the fine is just adding to the kick in the teeth in some ways because realistically (Houston and his two ministers) would be wise not to go on the land now to make an issue out of it whatever happens,” MacKay said. “So, the legality is not likely to be tested.”
He pointed out that Sipekne’katik First Nation didn’t directly link its ban to cannabis sales. “But there’s not much doubt that’s what triggered it,” MacKay said.
“My understanding is that a large percentage of the non-licensed operations are either by First Nations people or on reserve.”
Indigenous cannabis sellers have argued unsuccessfully they have the treaty right to sell cannabis in Nova Scotia.
“It’s certainly not decided one way or the other yet,” MacKay said. “It’s not even clear how strong the argument is. But it hasn’t been decided and I’m sure they’re going to continue to litigate it.”
One point “the government denies, but it’s hard to imagine it’s completely irrelevant, is of course there’s money issues here,” MacKay said. “If it’s licensed under the Nova Scotia Liquor Commission, then the money goes to the government, whereas obviously with private operators, the money goes elsewhere.”
Last week, Nova Scotia’s justice minister “directed all police agencies in the province to intensify enforcement aimed at stopping illegal cannabis operations and report back on their activities,” according to a news release from the Nova Scotia government.
“Illegal dispensaries pose a real threat to consumers, to youth, and to the integrity of our regulated system,” Armstrong said in the release. “We have already taken steps to confront these risks, but the challenge is evolving, and so must our response. Protecting Nova Scotians means strengthening our efforts, advancing new measures, and shutting down this shadow market before it can cause more harm to public health and safety.”
Cannabis is legal in Canada, but only when sold through a regulated system, according to the province.
It notes the Nova Scotia Liquor Corp. Is “the exclusive legal retailer of recreational cannabis, ensuring young people are safe, products are tested and traceable, and crime is not involved in the supply chain.”
The province said a recent review found “at least 118 illegal outlets operating across Nova Scotia, compared with 51 legal NSLC cannabis stores.”
The dispensaries that aren’t run by the NSLC “are not subject to oversight, training or testing, presenting significant risks to public health and creating opportunities for organized crime, money laundering and even human trafficking,” said the province.
It quoted Dr. Robert Strang, Nova Scotia’s Chief Medical Officer of Health as saying: “Cannabis sold outside the regulated system can have serious health impacts. This is about more than enforcing laws; it’s about safeguarding health and the future of our communities, and especially youth. Stronger enforcement sends a clear message that we will not allow unregulated cannabis to put Nova Scotians at risk.”
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