Mi’kmaq chiefs and a former Nova Scotia justice minister are criticizing the provincial government for directing police to crack down on illegal cannabis, saying the order undermines relations with Indigenous Peoples.

Sipekne’katik First Nation Chief Michelle Glasgow said in a statement on Friday she and her council are “appalled” by the province’s directive, which she calls a direct threat to their communities’ safety.

“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,” Glasgow wrote.

Her comments are in reaction to Justice Minister Scott Armstrong’s directive on Thursday for all Nova Scotia police agencies to prioritize cannabis enforcement by identifying and disrupting illegal operations and distribution networks. The minister also wrote to 13 Mi’kmaq chiefs requesting their co-operation as they direct police to tackle illegal cannabis sales, saying there are at least 118 illegal dispensaries operating in their communities.

However, later on Thursday, a spokesperson with the government said they would issue a correction to the chiefs, explaining that the province didn’t know how many of the 118 stores are on or off First Nations territory.

Armstrong’s directive has sparked criticism that the government may be interfering with law enforcement to target Indigenous communities.

Focus should be on illicit drugs, chief says

“These are abuses of colonial power, and the government of Nova Scotia and the police agencies need to focus their policing efforts to combat illicit drugs — fentanyl and opioids that are being brought into our communities and leaving devastating effects on our families,” Glasgow said.

Maw-lukutijik Saqmaq, also known as the Assembly of Nova Scotia Mi’kmaw Chiefs, said in a statement on Friday that its members had reached out to the provincial government prior to the 2018 federal legalization of cannabis to discuss regulation in Mi’kmaq communities. The assembly said the province rejected those requests, and the members are disappointed by Nova Scotia’s apparent lack of understanding of treaty rights and the right to self-determination.

“Although our perspectives may differ, it’s important to state that the province does not govern our communities,” Chief Terrance Paul said in the letter on behalf of the assembly.

“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,” Paul said.

Becky Druhan, former justice minister who left the Progressive Conservative caucus in October to sit as an Independent, said Friday the province is undermining its relationship with Mi’kmaq communities while missing out on the opportunity to support businesses in rural areas through expanded cannabis regulation.

“Nova Scotia has the most, or at least one of the most, restrictive cannabis regimes in the country. It’s quite limited in terms of who is able to access that market … when that regime was created, there were concerns that would result in proliferation of illegal dispensaries because there’s really no path to market for folks who are interested in becoming involved in a lawful way,” Druhan said in an interview Friday.

Former justice minister questions approach

Provincial law strictly controls the sale of cannabis through Nova Scotia Liquor Corp. (NSLC) outlets, which Druhan said has contributed to the boom in dispensaries.

She said the government should update rules to allow for broader licensing options, which would increase legal and safe access to cannabis, and then follow up with targeted enforcement against “truly high-risk operations.”

“Targeted enforcement against high-risk operators makes sense, but blanket crackdowns do not,” Druhan said.

The province says there are 51 legal cannabis outlets across the province, one of which is located on an Indigenous reserve, and at least 118 illegal ones.

When asked to respond to the criticisms laid out in the statements from the chiefs and Druhan, Armstrong said, “the law applies equally to everyone” and any cannabis dispensary that is not operated by the NSLC is illegal, and they pose serious risks to public health and safety.

Armstrong said government’s responsibility is to protect Nova Scotians, and “illegal dispensaries must be shut down and those responsible held accountable. Government fully supports the efforts of police to enforce the law.”

Order appears to go too far, legal scholar says

One legal scholar said Thursday the justice minister appears to be infringing on police independence.

Wayne MacKay, professor emeritus of law at Dalhousie University in Halifax, said Armstrong has the authority to issue directives to police regarding administrative and operating procedures. But he said the minister’s decision to order a crackdown on illegal cannabis operations appears to go too far.

“The political branch of government, including the minister of justice, are not to interfere with the discretion of the police at the specific operational level in relation to either who they are pursuing or what particular laws they’re enforcing,” MacKay said in an interview Thursday.

MacKay compared the move to recent developments in the United States, where he said President Donald Trump has escalated the use of presidential power to target his political rivals and pressure the Justice Department to prosecute those he disdains.

“It would be completely contrary to police independence if (the government) was targeting specific operations (to) be investigated and prosecuted,” MacKay said. “That’s the kind of thing, frankly, that we see happening south of the border with U.S. President Donald Trump.”

When asked about MacKay’s comparison to Trump, a provincial Department of Justice spokesperson, Denise Corra, said Thursday that is “frankly ridiculous and inflammatory. We are asking police to enforce the law.”

Armstrong also said, “We don’t direct police on how they approach doing their job.”

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