Buried in the law are 58 words that could destroy Alderville’s cannabis industry and impose Provincial and Federal cannabis laws on our territory that criminalize our people.
By Rob Stevenson, Candidate for Alderville First Nation Council
The Alderville cannabis industry has been an unprecedented success for the people of Alderville and our neighbours. The industry has created hundreds of jobs, provided vital medicines to tens of thousands of clients, and initiated a massive economic boom that has benefited other local businesses including restaurants, gas stations, and general stores. The Alderville cannabis industry has raised the local and national profile of our community, and has given back to the community in a myriad of ways.
Since I opened Medicine Wheel Natural Healing in June of 2017, I have been at the forefront of efforts to self-regulate the Alderville cannabis industry and to ensure that the cannabis products we sell on the territory are Indigenous made, safe, lab-tested, and kept out of the hands of our youth. Like many other business owners in Alderville’s cannabis industry, I strongly believe that we have to take health and safety considerations within the cannabis industry seriously, and address them in a way that minimizes harm and promotes the public good.
But now, there is increasing pressure from the Federal Government for Indigenous communities to conform to their laws which would obliterate the industry in Alderville, persecute our people and impose more colonial rule. I believe we have a right to control our own natural plant based medicines and control our own economy.
Alderville Band Council has recently proposed a Cannabis Law that has some good merit but in its current state, specific wording in the law threatens to criminalize our people and impose Federal and Provincial laws on our entire cannabis industry. In my view these words could prove to be disastrous.
The main problem lies in the 47 words that define the term “Illicit Cannabis” and the 11 words of Section 3.1 of the law which state that “No Person may Use, Consume or Distribute Illicit Cannabis on AFN Lands.” According to the law:
“Illicit Cannabis” means Cannabis that is or was sold, produced or distributed by a Person prohibited from doing so under this Law, the Cannabis Act or any provincial Act or that was imported by a Person prohibited from doing so under this Law or the Cannabis Act.
Proposed Alderville Cannabis Law
Whether we like it or not, the Federal and Provincial governments view all cannabis that is currently being sold in Alderville as “illicit cannabis” because it is not coming from Licensed Producers regulated by Health Canada. Neither the Province nor the Federal government consulted with Indigenous people when coming up with their cannabis laws, and they took no account of our Aboriginal and Treaty rights to cannabis as a medicine and source of economic opportunity.
If the Alderville Cannabis law were to be passed as it currently stands, all dispensaries would have a three month “grace period” after which they would have to operate in full compliance with this law “without exception.” As a condition of receiving a cannabis business licence which would allow continued operation of their stores, all cannabis businesses would have to provide “a plan for sourcing the Cannabis Product for sale and identifying all potential suppliers, including a plan to prevent the distribution or sale of any Illicit Cannabis.” The businesses would also have to provide a wide range of information about their operations and their employees that if obtained by Federal or Provincial authorities, could result in criminal charges for all of those employed by the business and a “slam dunk” criminal trial.
If a business continued to sell “illicit cannabis” (ie. cannabis grown by Alderville members or cannabis products from Indigenous people that are not Licensed Producers through Canada), then according to Section 13.2 of the Alderville law, they could face the full brunt of Canadian law, which despite the “legalization” of cannabis, carries prison terms of up to 14 years, for those like our many store owners in Alderville who “possess cannabis for the purpose of distributing.”
According to this proposed law, even if Chief and Council didn’t involve outside enforcement officers, they would have the power to shut down any cannabis business selling “illicit cannabis” through a secret “in-camera” meeting in which “commentary shall be noted without attribution” (Section 8.1) and which cannot be appealed (Section 8.3). Alarmingly, the law would also give Council or the un-elected three person “Cannabis Control Board” the power to order the removal of any “structures, works or installations” on the property of those violating this law.
Chief and Council has an opportunity to work with the cannabis industry and the community at whole to create an Alderville Cannabis Law that would protect consumer health and safety and promote a “red market” of Indigenous made cannabis products. That would mean defending the Aboriginal right of our people to make a living from cannabis.
This law is a grave danger not only to everyone in Alderville currently involved in the cannabis industry, but also to the values of transparency, democracy, and accountability that should guide our leadership. We need laws that truly uphold our sovereignty and that are developed with and in the interests of our people.
Rob Stevenson is a candidate for Council in the July 9th 2021, Alderville Election.
