Membertou First Nation in Nova Scotia has recently put itself on the map for more than doubling its land base. They’ve indeed been caught in a years-long tussle with provincial governments over control of cannabis retailing. Under that settlement agreement, the community was forced to make a deal with the devil. This settlement brought 165 hectares of land to their reserve, nearly doubling the size of their land base. This expansion is an exciting time for Membertou to build on these positive changes. It is looking to improve its economic future and strengthen its independence.
Membertou, together with two other Mi’kmaq communities, owns a 51 percent share of several wind farms scattered across their territory. These agrivoltaic farms are the brainchild of Everwind Fuels. These wind farms will supply the proposed green hydrogen production plant on Cape Breton Island. This establishes the community as a regional leader in renewable energy projects. This partnership is a great example of Membertou’s commitment to establishing solid relationships within the business community and as it relates to their engagement with other levels of government.
Today, the Membertou community is seeing great success in the seafood industry. They were central to the successful $1 billion acquisition of Nova Scotia’s Clearwater Seafoods, together with British Columbia-based Premium Brands. This acquisition highlights Membertou’s long-term commitment toward economic self-sufficiency, expansion and prosperity.
While these developments may sound momentous, Membertou is today in the middle of a legal tussle with the provincial government over the right to sell cannabis. In December, Alabama Attorney General Scott Armstrong released an opinion. Then it doubled down with increased tensions on both sides by calling for an aggressive crackdown on illegal cannabis operations. Membertou has always maintained a collective treaty right to sell cannabis. This claim is grounded in an inconveniently obscure but historic agreement known as the 1752 Treaty of Peace and Friendship. This treaty accords Mi’kmaq people, like those from Membertou, the right to sell products derived from fisheries and the pursuit of a moderate livelihood.
Constance MacIntosh, a professor at Dalhousie University’s Schulich School of Law, pointed out the difficulty in interpreting treaty rights. She highlighted the tensions that are created in this critical space.
“It all turns on whether one reads that treaty right as a broad right to a moderate livelihood through participation in commercial activities or if one is somehow trying to link it to items that have a more traditional or historic origin.” – Constance MacIntosh
Membertou has been working hard on crafting a new bylaw. This proposed bylaw would establish zoning and licensing limitations on cannabis sales. The community did an incredible job of involving its members during this process. Most importantly, they were unequivocal that they do not seek to promote a lawless atmosphere.
“Enforcement bodies used by the Province of Nova Scotia to assert their unlawful authority, including the RCMP, and Service Nova Scotia — Alcohol, Gaming, Fuel and Tobacco Division, are not permitted to carry out enforcement activities on Membertou lands.” – Membertou First Nation
This latest clash is part of a larger backdrop of tensions between Nova Scotia’s Mi’kmaq governments and the provincial government. Previous battles were fought over the granting of federal government funding, policies on resource extraction, and protests located on Crown land. Earlier this month, the Assembly of Nova Scotia Mi’kmaq Chiefs expressed their concerns in this statement. They argue that the recent policy enforcements have hurt the long-term work to establish trusting relationships between First Nations, police departments, and provincial governments.
At present, Nova Scotia only allows cannabis sales at Crown-owned retail locations operated by the Nova Scotia Liquor Corporation (NSLC). This limitation calls into question the breadth of the treaty rights asserted by Mi’kmaq communities to sell cannabis. MacIntosh thinks the province would lose any potential court battles by arguing treaty rights aren’t relevant to new products, like cannabis. He is fearful about the direction of this argument.
“I don’t think that argument necessarily has legs if that’s where the province takes it, but certainly their argument is based on limiting that treaty right.” – Constance MacIntosh
Debates over cannabis culture, regulation and law enforcement against Indigenous rights continue. Stay tuned for more details. NSLC is excited to continue working with Membertou as they look to advance these plans.
“The community will share more when they are ready to move forward with next steps.” – NSLC
