Case of Mi'kmaq man facing cannabis charges moves to constitutional challenge in N.S.

A staff prepares flower bud of marijuana for a customer at a cannabis shop after Thailand started banning the sale of cannabis to those without a prescription in Bangkok, Thailand, Friday, June 27, 2025. (AP Photo/Sakchai Lalit, File)

DARTMOUTH — The legal case of a Mi’kmaq man charged with selling unlicensed cannabis is moving ahead to a constitutional challenge.

A provincial court judge has determined that Thomas Durfee’s treaty rights are not to be considered in the initial stage of the proceedings, and court dates for his constitutional challenge will be set on April 10.

Durfee asserts that he has a legal right to sell cannabis at treaty truckhouses — the term used for trading posts in treaties signed by the Mi’kmaq and British Crown in the 1700s.

He operates five truckhouses where he sells cannabis alongside local art.

Durfee says that if his challenge is successful his case will allow him and his community to set a new precedent for how treaty rights apply to cannabis.

The cannabis shop owner was charged in 2024 with several counts related to selling and promoting the sale of the drug after his Dartmouth business was searched.

This report by The Canadian Press was first published March 26, 2026.