Our hands are tied on First Nations pot shops: Tories
Feds must 'do their part,' says Austin
Article content
Ottawa must “do their part” so the provincial government isn’t “stuck” with cannabis stores on First Nations land, according to Public Safety Minister Kris Austin.
Advertisement 2
Story continues below
Article content
Recently, Brunswick News asked Austin about a late-September raid by public safety officers on Head Space, a weed store at 36 Main St. West in Saint John.
According to a government press release, a 33-year-old man was arrested and released, but “could face charges for violating the Cannabis Control Act and the Cannabis Act.”
The investigation is ongoing, the release read.
“Cannabis NB and provincially licensed private retail stores are permitted to sell cannabis in the province. Only these approved retailers offer safe, regulated cannabis products that are approved by Health Canada and sourced from Cannabis NB,” the release read.
“All non-licensed cannabis dispensaries are illegal under the Cannabis Control Act, the Cannabis Retailers Licensing Act, and the Cannabis Act (Canada).”
Brunswick News asked Austin why the province is raiding black-market pot shops in some parts of the province, but isn’t doing anything about similar businesses on First Nations. For example, there are at least a dozen operations on Sitansisk (St. Mary’s) First Nation in Fredericton.
“It’s an issue, no question. Very frustrating,” Austin said.
“Regardless, there are federal statutes that are there in terms of seizing property on First Nations. So until there’s some change in federal legislation, and understanding of how the federal criminal code works, we’re stuck as a province to be able to seize any property on First Nations.
Advertisement 3
Story continues below
Article content
“We can only work within provincial legislation. It’s up to our federal counterparts to do their part.”
Wolastoqey Nation in New Brunswick declined to comment, and the federal government said it wouldn’t be able to respond this week.
Last month, a report examining the federal legislation that paved the way for the legal use and sale of cannabis was released.
“Nation governments took the view that the lack of express authority for First Nations governments is a shortcoming in the Act and asserted the need to align the legislation with United Nations Declaration on the Rights of Indigenous Peoples,” the report read.
It notes that a Senate committee heard similar calls, recommending that the federal minister of health introduce legislation to amend the Cannabis Act to permit First Nations to regulate the possession, sale and distribution of cannabis on their lands.
Under the act, the provinces and territories have authority over the distribution and sale of cannabis under provincial and territorial law.
It does not give authority to First Nations to issue licences to cultivate, process or sell cannabis.
But some provinces are already considering how to include Indigenous communities in legal weed sales.
A bill introduced in Saskatchewan, if passed, would provide a framework for First Nations to license and regulate the distribution and retailing of marijuana in their communities. That comes after last summer’s changes that allowed First Nations to bypass a permit from the Saskatchewan Liquor and Gaming Authority to sell cannabis.
Cannabis NB has previously said it’s “open and committed to having mutually beneficial discussions with First Nation communities and representatives regarding the legal recreational cannabis industry with the objective of continuously increasing access to safe, regulated products.”
– With files from Brunswick News
Article content
Share this article in your social network
Postmedia is committed to maintaining a lively but civil forum for discussion. Please keep comments relevant and respectful. Comments may take up to an hour to appear on the site. You will receive an email if there is a reply to your comment, an update to a thread you follow or if a user you follow comments. Visit our Community Guidelines for more information.