The Crown corporation in charge of cannabis sales in Nova Scotia has signed an agreement with a Mi’kmaw community for what would be a first-of-its-kind on-reserve shop owned by the band —but the chief says that plan is now on ice.

It’s not clear when the agreement between the Nova Scotia Liquor Corporation (NSLC) and Wagmatcook First Nation was signed, but it was made possible in April when the province adopted new cannabis retail regulations.

The regulations allow bands or band-owned corporations to be “authorized sellers” with the NSLC, meaning they can buy cannabis products wholesale from the corporation and sell them through a community store. 

Shops run by authorized sellers have to follow the same rules as other NSLC cannabis retail locations, including capping transactions at 30 grams and reporting monthly to the corporation, but they can operate under their own banner.

Last week, Justice Minister Scott Armstrong touted the model as a compromise between the NSLC’s monopoly on legal sales and calls from some Mi’kmaw leaders and dispensary owners to allow Mi’kmaw sellers to self-regulate.

“I think it’s a great opportunity,” Armstrong told reporters.

Armstrong said the model ensures cannabis isn’t sold to minors because retail staff are trained to “keep it out of the hands of youth,” it ensures public safety by limiting products to those approved by Health Canada, and it keeps the proceeds in communities “and out of the hands of any possible work by organized crime.”

The NSLC said in addition to having signed one agreement, it has “engaged in discussions with several interested communities, and those conversations are ongoing.”

The corporation wouldn’t name the band it signed with, but Wagmatcook Chief Norman Bernard confirmed on Monday that it was his community.

However, he added via email, “At this time everything is on pause until we evaluate our options.” He did not elaborate.

Bernard is a member of the Assembly of Nova Scotia Mi’kmaw Chiefs, which took issue earlier this month with a directive Armstrong gave to police forces to crack down on unregulated cannabis sales. Some unregulated shops are on Mi ’kmaw reserves, and the chiefs argue this is outside the province’s jurisdiction.

WATCH | Is selling cannabis a Mi’kmaw treaty right:

Is selling cannabis a Mi’kmaw treaty right?

March 28, 2024|

Unauthorized stores selling cannabis continue to open despite provincial regulations. Some are operated by Mi’kmaq claiming they have a treaty right. The right to sell cannabis is escalating into a contentious legal and social battle ground. Richard Cutherbertson reports.

The directive inflamed an already tense relationship between First Nations leaders and Premier Tim Houston. A handful of chiefs met with the premier on Friday.

Millbrook Chief Bob Gloade was among them, and he said in a statement that it’s critical to remain in talks with the government, “regardless of the challenges we may face.”

“We are committed to doing our part, for the benefit of all our people, and want to see Nova Scotia continue to work towards reconciliation with the Mi’kmaq of Nova Scotia,” he said.

After meeting with the premier, Membertou Chief Terry Paul told CTV News he wasn’t interested in partnering with the province and NSLC to open regulated shops in his community.

“Listen to us, like listen to what we’re saying here,” Paul said. “We have certain rights in this province, treaty and Aboriginal rights. This is serious, and this is where we want to be and this is the path that we want to take, and we want the province and feds to work with us on that.”

Thomas Durfee, a Mi’kmaw cannabis advocate, said he has no interest in the compromise Armstrong proposed. Durfee believes strongly that selling cannabis is a treaty right and is fighting to prove that in court.

“We have the abilities and we have the power to control and regulate our own consumable products that are legal to sell,” he said in an interview.

“We are trying to build a legacy. We’re not trying to harm anybody. We’re not working with criminal organizations and we’re not criminals. We are sovereign Micmac nationals.”

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