Nova Scotia rolls out new cannabis rules, but Mi'kmaq group defends economic rights

The Nova Scotia government has enacted significant changes to its Cannabis Control Act, aiming to curb the burgeoning illegal cannabis market. The updated legislation, passed during the spring legislative session, introduces stricter enforcement measures and substantially increased fines.

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It’s really important that we address a growing public health and safety issue, and that’s what the changes in the legislation are targeted to do.

Under the new rules, peace officers, including conservation officers, can now enforce the act. Fines have been raised, with individuals facing up to $5,000 for purchasing cannabis from unauthorized sources. Businesses caught selling cannabis illegally risk penalties of up to $50,000. Additionally, landlords can be penalized if their properties are used for illegal cannabis sales. These measures are intended to address what the government describes as a growing public health and safety issue.

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The parallel black market that we’ve seen expand over the last year, particularly the last six months, is something we need to address.

However, the new regulations have ignited a dispute with some Mi'kmaq advocates who are defending their economic and treaty rights. Tuma Wilson, legal counsel for the Micmac Rights Association, stated that the Mi'kmaq will not surrender their rights. Mi'kmaq chiefs have criticized the provincial government, arguing that the directive to "intensify enforcement" against illegal cannabis operations undermines relations with Indigenous Peoples and violates their right to self-determination and trade, particularly under the 1749 Peace and Friendship Treaty.

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What we’re seeing in Nova Scotia is that now that we’re saying that there isn’t going to be a rolling over by the Mi’kmaq, they’re not going to surrender their economic rights.

Despite calls for cooperation and suggestions from the government to integrate First Nations groups into legal cannabis sales through NSLC outlets, Mi'kmaq leaders maintain their stance. The province has seen multiple RCMP raids on cannabis storefronts and protests against the crackdown, indicating a significant legal and political challenge ahead, with potential court battles anticipated.

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We really encourage First Nations groups across the province to look at the opportunity to actually build legal cannabis sales with a safe supply where the profits and proceeds stay within the bands so they can use them for positive social programs.