Achi news desk-
HALIFAX –
A judge in Nova Scotia has rejected arguments from four defendants who claim they have treaty and aboriginal rights to sell cannabis in dispensaries on native land north of Halifax.
In a ruling released Thursday, state court Judge Ronda Van der Hoek says she agrees with the Crown’s argument that two expert reports provided by the defendants failed to support their claims, meaning they no longer have the option to argue for exemptions under the Constitution.
In Nova Scotia, cannabis must be sold from Nova Scotia Liquor Commission outlets, and all cannabis products are subject to provincial and federal duties.
In her decision, the judge says that the Supreme Court of Canada has confirmed that two Mi’kmaq treaties gave an aboriginal right to trade, but the top court said the right was limited to items traditionally harvested as part of their hunting activities, fishing and gathering. .
Van der Hoek decided that expert reports provided no evidence that cannabis was used or traded by the Mi’kmaq before European contact, and found no mention of the cannabis plant being used other than as hemp.
The defendants had also argued that the federal government failed to consult with the Mi’kmaq before passing the Cannabis Act, but the judge said Ottawa’s “duty to consult” does not extend to enacting legislation that criminalizes their behavior .
This report was first published by The Canadian Press on June 14, 2024.
