Mi’kmaw chiefs frustrated with calls for crackdown on illegal N.S. cannabis dispensaries

The Assembly of Mi’kmaw Chiefs is critical of Nova Scotia’s planned crackdown of illegal cannabis shops.

The 13 Nova Scotia Mi’kmaw chiefs say the provincial government’s calls for a crackdown on illegal cannabis dispensaries — including on-reserve dispensaries — misunderstand treaty rights.

“Although our perspectives may differ, it’s important to state that the Province does not govern our communities,” said Chief Terrance Paul in a news release from the Assembly of Nova Scotia Mi’kmaw Chiefs.

“We have a right to self-governance and self-determination,” Paul said.

“This is a clear example of what happens when the Province will not come to the table with us from the outset; an archaic government process we’ve experienced far too often in our communities.”

On Thursday, Justice Minister Scott Armstrong called on police to step up enforcement and shut down illegal cannabis shops.

A recent scan by the province found there are at least 118 illegal dispensaries in Nova Scotia compared to 51 NSLC cannabis shops.

“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,” said Armstrong.

Armstrong sent a letter to the 13 Mi’kmaw chiefs, asking for their cooperation in shutting down the illegal stores.

The Assembly said it reached out to the Nova Scotia government about what the regulation of cannabis could look like in Mi’kmaw communities when the federal government legalized cannabis in 2018, but they claim the province rejected those requests.

“Our regulatory system could not proceed,” the news release reads.

“The result is exactly what we predicted — a system that does not and cannot work in our communities," the release says.

“Attempting an approach in 2025 that ignores previous opportunities to work together, and the formal existing channels to work Nation-to-Nation, is disrespectful.”

Last April, the province launched new regulations to allow licensed NSLC-supplied stores on reserves, with proceeds staying in the community. So far, only one Mi’kmaw community has signed up, according to the NSLC.

“We’ll have ongoing negotiations and discussions with First Nations,” Armstrong said. “But right now, the only legal distributor of cannabis in Nova Scotia is the Nova Scotia Liquor Corporation.”

The Assembly said the RCMP needs to respond to the priorities of the chiefs and councils in each community.

“Minister Armstrong must understand that the Province does not have jurisdiction to govern our communities, nor do they have a complete understanding of what happens in our communities,” Chief Paul said.

“Therefore, they cannot decide what is best for our members,” he said.

“We hold Aboriginal Title, Aboriginal Rights and Treaty Rights over our territory of Mi’kma’ki. This jurisdiction protects our autonomy and our identity. Nova Scotia must realize that a non-collaborative approach has never, nor will ever, be appropriate or acceptable.”

Sipekne’katik First Nation responds

The Sipekne’katik chief and council also said they are “appalled by the direct threat to our community’s safety” by the province’s focus on enhanced enforcement at illegal cannabis dispensaries.

“Using public safety as a reason to override our inherent rights to self-govern and implement our treaty in a modern economic context is appalling,” said Chief Michelle Glasgow in a written statement. “These are abuses of colonial power.

“The province’s actions through the Minister of Justice are acts of systemic racism and inciting hate against Mi’kmaw people, labelling us the problem, and this narrative is absolutely disgusting.”

Sipekne’katik chief and council said the government and police need to focus on illicit drugs like fentanyl and opioids.

“It’s not a clear violation”

Legal expert Wayne MacKay says he was also surprised by the Attorney General’s directive, warning it may push legal boundaries in terms of jurisdictional control and Indigenous sovereignty, but it could also represent political interference in policing.

“It’s not a clear violation, it’s kind of a borderline case,” said MacKay, a professor emeritus of law at Dalhousie University. “It’s not for example exactly like what U.S. President Donald Trump is doing, targeting specific individuals or operations, but it’s a little to that borderline and that’s really the concern there.”

Attorney General Armstrong maintains the law is clear and that NSLC stores are the only legal retailers of cannabis in Nova Scotia and that includes on reserves.

While the province maintains this is a public health and safety issue, McKay questions where finances factor in with the current PC government, which is facing a forecasted $1.2 billion deficit this year. The cannabis industry has been lucrative, seeing profits grow each year since it was legalized 2018.

The NSLC Cannabis sales totaled more than $127 million last year, that’s up from $121 million in 2023-24.

NSLC Cannabis sales over the last five years:

Fiscal Year (April 1-March 31)

2020-2021: $86.0M

2021-2022: $101.7M

2022-2023: $101.7M

2023-2024: $121.0M

2024-2025: $127.1M

Source: NSLC

McKay believes there could be a financial reason behind the attempt of the government to strengthen its grip around what they call the “shadow market,” but the attorney general didn’t say how much money he believes is involved.

“It’s hard not to think that finances wouldn’t be one of those factors here,” said McKay. “But their main argument stated in the directive is public safety and that is a classic and justifiable reason for limiting people’s rights in the name of public safety, but they need to clearly layout the public safety concerns.”

Armstrong addressed the public health and safety concerns in his letter to the Chiefs, saying the NSLC retail framework restricts the sale of cannabis to youth, and guarantees that all products sold are safe for consumption and meat Health Canada standards and it limits the ability of organized crime to penetrate and profit from the illegal cannabis market.

The RCMP says mandate letters from government are routine and the directive from the justice minister doesn’t change their policing approach.

“We are committed to respectful, collaborative relationships with First Nations communities,” said Const. Mandy Edwards, public information officer with the RCMP Halifax Detachment. “We will ensure enforcement is carried out respectfully.”

Police would not say whether they have conducted any raids since the directive came out Thursday or if they plan to conduct any raids.

With files from CTV News Atlantic’s Jesse Thomas

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