Cannabis Impact and Needs Assessment - Wahnapitae First Nation

CANNABIS IMPACTS AND NEEDS ASSESSMENT WAHNAPITAE FIRST NATION

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Impact Needs Assessment – Wahnapitae First Nation Executive Summary This Impact and Needs Assessment has been prepared for Wahnapitae First Nation. Since Canada legalized recreational cannabis on October 17, 2018, a number of First Nation entrepreneurs and communities in Ontario have entered into the industry in both a production and sales capacity. This entry into the industry has been done without the consultation and cooperation – to date – of the federal government. Over the past year, dispensaries on reserve have generated multi-millions of dollars in wages for community members. First Nation participation in the cannabis industry truly is a once-in-a-lifetime opportunity.

The challenge for First Nation retailers is to be recognized as fully legitimate in the eyes of Chief and Council, the provincial, and federal governments. The cannabis industry presents an opportunity to become a long term major economic driver, particularly for those First Nation communities within driving distance of major urban centres.

On June 13, 2019, the Chiefs of Ontario passed a resolution at the Annual All Ontario Chiefs Assembly that recognized the First Nation right to cultivate, process and sell cannabis. This resolution was drafted with the participation of the Anishinabek Cannabis Retailers. Entitled “SUPPORT FOR FIRST NATIONS SELF-DETERMINED RIGHT TO GOVERN THE CULTIVATION, PROCESSING AND RETAIL OF CANNABIS”, this resolution is a signal to federal, provincial, and municipal governments that First Nations have the jurisdictional right to fully participate in the cannabis industry.

As recently as June 20, 2019, the federal Minister in charge of enforcing the Cannabis Act, Bill Blair, met with Chiefs, production, and retail representatives to explore the opportunity to legalize the production and sale of cannabis at the federal level. This Nation to Nation relationship does not require the participation of the Province of Ontario.

The following report highlights the opportunities and challenges faced by Wahnapitae First Nation as they continue to seek the right to become a legitimate business in the eyes of their community, their leadership, and Canada.

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Table of Contents A – Stated Retail Position

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B – Compilation of Community Demographic Information

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C – Documentation of Relevant Community History

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D – Community Governance Description

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E – Cannabis and the Indigenous Perspective

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F – Cannabis 101

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G – First Nations Jurisdiction on Cannabis

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H – Business Case for Cannabis in Pikwakanagan

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I – Comparative Societal and First Nations Perspective

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J – Impacts of Cannabis in Pikwakanagan

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K – Identified and Categorized Needs

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L – Identification for Further Studies

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M – Conclusion and Recommendations

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A – Stated Retail Position "The importance of safety in the cannabis industry must be everyone's main priority – this is our number one commitment. Age appropriate use of cannabis, proper storage and packaging, tested products, these are some of the focus areas that we are committed to in our efforts as a responsible retailer. Our operational goals are about safety, transparency, community benefit and about quality control and operations. Protecting our Youth, the consumer, our community and our staff is our #1 Priority.

We also take very important steps to ensure that our reasons for operations are in line with the vision, views, and values of Wahnapitae First Nation (WFN).

Being a member of this community, I have a vested interest that goes beyond economic opportunity – I, like everyone else from WFN want a strong, independent, and self-sustaining future for this generation and those that will follow. Our community has a right and a responsibility to ensure we eradicate poverty and we prepare a prosperous future for the Next Generation.

Further, we understand that the importance of First Nation jurisdiction and selfdetermination rests with all of our community – on reserve, off reserve, Chief and Council, management, and private sector business. We all have a part to contribute in strengthening our First Nation. Therefore, our next commitment is to ensure that we work closely with the WFN Administration and the Community to contribute to and to help establish oversite, standards, and governance capacity to ensure that WFN priorities and issues are not only addressed once, but that we contribute to a sustained effort to maintain the highest order and application of good governance on managing the WFN Cannabis Industry. Cannabis jurisdiction is ours to define and implement – based on community decisions.

This Impact and Needs Assessment report is our commitment to our community, Wahnapitae First Nation, as a demonstration of our commitment to making sure you are informed and have information that will assist you in making decisions about cannabis being part of our community economic

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strategy. Community decision-making and informed process is critical to community development and success.

Everything in this report, except for this statement – is not biased or based on our views, rather is factual, industry sourced, and information that is provided to you to make an informed decision or to enhance discussions toward making a solid decision on the matter of cannabis as an industry in our community. We are a committed family in this community, offering our efforts to help make us a stronger nation, economically, socially and in the spirit of our treaties and the intent to prosper on our lands."

B – Compilation of Community Demographic Information Wahnapitae First Nation is an Anishinaabe community that is located on the northwest shore of Lake Wahnapitae in the area of Sudbury, Ontario – not to be confused with the small village of Wahnapitae on Highway 17 east of Sudbury in the Nickel Centre region. The First Nation is located at the end of a year-round access road leading from Capreol, approximately 50kms north-east of the city centre. Although the community is an hours’ drive from downtown Sudbury, it is an enclave located entirely within the limits of the City of Greater Sudbury – yet, it is in no way affiliated to the municipality.

The community was a signatory of the 1850 Robinson-Huron Treaty, as the Tahgaiwenene’s Band. Wahnapitae has a registered membership of 423, with approximately 100 members living on the reserve, while many others reside in the neighbouring villages and urban centres of Greater Sudbury. The community manages 1032 hectares in a 3.2km by 3.2km square on the northwest shore of the lake, however current Land Claims negotiations with the federal government may result in the expansion of this territory.

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Wahnapitae First Nation is a member of the Wabnoong Bemjiwang Association of First Nations with five other nations in the French River region between Lake Nipissing, the Georgian Bay, and the Sudbury region; and is a member of the Anishinabek Nation.

C – Documentation of Relevant Community History The traditional name of the Wahnapitae First Nation is Wahnapitaeping, which signifies that place where the water is shaped like a molar tooth – much like Lake Wahnapitae, with its many rocky peninsulas and bays.

The land around Lake Ramsey, White Lake and Lake Wahnapitae – the region that is today the City of Greater Sudbury was sparsely populated for a long time. The unrelenting topography made it unwelcoming, even to the Anishinaabe who lived in the greater region for millennia. However, it was long known that this region held immeasurable mineral wealth – and the Anishinaabe were known to have mined copper for jewelry and other tools in the Lake Ramsey area for a long time. In the 1820s, there was a small Anishinaabe settlement in the northern corner of Lake Wahnapitae – but it was essentially isolated from settler influence.

The traditional name of the Wahnapitae First Nation is Wahnapitaeping, which signifies that place where the water is shaped like a molar tooth – much like Lake Wahnapitae, with its many rocky peninsulas and bays.

In 1850 the crown signed the Robinson-Huron Treaty with representatives from seventeen bands in the region north of Lake Huron and around Lake Nipissing.

One of these bands was called the Tagawinini Band, which was granted, according to the Treaty – Eleventh, Tagawini and his Band, two miles square at Bimaadzwin - 2019

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Wanabitibing; a place about forty miles inland near Lake Nipissing. This parcel of land is today the Wahnapitae First Nation, but after the treaty was signed, its population was encouraged (or, forced) to relocated to the Manitoulin Islands.

The reserve at Wahnapitae would remain essentially unoccupied for almost 100 years – serving as seasonal hunting and fishing grounds, but not as a permanent home to any community members.

However, these 100 years would not see inactivity in the region by any standard. The Canadian Pacific Railway sent 3,350 workers to the new Sudbury Junction to build a rail stop and company town in 1882; and by 1885 copper and nickel deposits were discovered all around the region. The cities and villages of the nickel valley of Ontario would continue to grow, seeing the city of Sudbury proper almost double with every census after the turn of the century – capping short of 70,000 people by the 1960s.

This parcel of land is today the Wahnapitae First Nation, but after the treaty was signed, its population was encouraged (or, forced) to relocated to the Manitoulin Islands. The reserve at Wahnapitae would remain essentially unoccupied for almost 100 years…

It wasn’t until the plethora of villages – including Capreol, Hanmer, Val Thérèse, Chelmsford, and others – joined the city of Sudbury in organizing a regional government in the 1970s that the question of the Wahnapitae reserve came back into light. Given that there was no permanent population on the reserve, the regional government wanted to annex the territory back into the municipality of Capreol.

Norman Recollet, descendant of members of the Tagawinini Band, was not going to have it. In the late 1970s, he moved his family back to the Wahnapitae First Nation territory, cementing its reserve status. Over the next thirty years the community would grow and see the opening of a number of businesses including the popular Rocky’s Restaurant on the waterfront. Norman Recollet, who eventually served as Chief of the community, passed away in January Bimaadzwin - 2019

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2019. The Normal Recollet Health Centre in Wahnapitae and the township of Recollet near Wawa are named in his honour.

The regional government dissolved in 2001 to form the City of Greater Sudbury, in which Wahnapitae First Nation is now an enclave – but has no political or administrative affiliation to the city.

The regional government dissolved in 2001 to form the City of Greater Sudbury, in which Wahnapitae First Nation is now an enclave – but has no political or administrative affiliation to the city. Its 400-strong membership has about 100 members living on-reserve, with others living in Greater Sudbury or in the Manitoulins – there are also a number of non-indigenous families who have purchased property on the reserve from the community.

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D – Community Governance Description Wahnapitae First Nation holds elections for a Chief and Council every two years. The current Chief is Larry Roque, and the Councilors are Mary Lee Nicholls, Robert (Bob) Pitfield, Ted Roque and Craig Tyson.

The First Nation is responsible for the administration of services on-reserve including economic development, education, and healthcare services.

Wahnapitae is the first First Nations community in Ontario to join the Green Economy North network, and has been working to build new capacities in the community while remaining an exemplary leader in environmental stewardship.

Wahnapitae is part of the 21 signatories of the RobinsonHuron Treaty that won a treaty annuities case against the provincial and federal government in December, 2018 that could see hundreds of millions of dollars in resource revenue sharing being made available to the community. However, the province appealed the decision in January, 2019 and it is still uncertain.

Wahnapitae is a member of the Waabnoong Bemjiwang Association of First Nations, a non-political regional Chiefs council that also includes the Henvey Inlet First Nation, Wasauksing First Nation, Magnetawan First Nation, Nipissing First Nation, and Dokis Fist Nation – representing the region around the French River, Lake Nipissing, and Sudbury region in Central Ontario. Wahnapitae is also a member of the Anishinabek Nation (the Union of Ontario Indians), a political organization representing Anishinaabe communities that are not in Northern Ontario.

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E – Cannabis and the Indigenous Perspective There has been recorded use of cannabis in communities around the world for at least the last twelve-thousand years, sometimes as food, or as a tool to create netting, ropes, and other objects from hemp; and even as a medicine for its psychoactive qualities. This saw the cannabis plant being intertwined in the history of globalization, spread between regions with the flow of humans – encouraged by European obsession with mind-altering substances from overseas, including tobacco, opiates, and cannabis. It is unsure if cannabis was introduced to the Americas with European contact, or if it had arrived prior and had been used across the continent for millennia – however, archeologists have found clay pipes containing cannabis residue that were wrapped in hemp cloth that dated back to 800 AD in the Ohio Valley south of Lake Erie – demonstrating a long history of use.

The Thunderbird Partnership explained in their Legalized Cannabis report that some Elders of various cultural and linguistic backgrounds spoke of two traditional methods of using cannabis – generally, these include cannabis used in a culturally appropriate way to create a topical solution aimed at relieving pain, but was not smoked; or prepared within ceremony to lessen the symptoms that would today be considered psychosis.

The Thunderbird Partnership explained in their Legalized Cannabis report that some Elders of various cultural and linguistic backgrounds spoke of two traditional methods of using cannabis – generally, these include cannabis used in a culturally appropriate way to create a topical solution aimed at relieving pain, but was not smoked; or prepared within ceremony to lessen the symptoms that would today be considered psychosis. They also spoke of the importance of not over-using these medicines, as this dampens the healing effect that it has on the body.

The globalization of cannabis has also led to a chequered history of legality – depending on who was in power. Colonial powers on the African continent Bimaadzwin - 2019

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viewed the cannabis plant solely for its drug-like characteristics, and failed to see any of the traditional uses among the indigenous community – like the strength and utility of hemp rope. This created an imbalance where leaders in the community viewed it as a necessary crop, and colonial powers viewed it as a mind-altering drug used by the people they were sent to govern – often prohibiting the cultivation and use of the plant.

These racial divisions lasted well into the modern context, and served as the legal framework for the prohibition of cannabis that exists in many countries today. Although cannabis and hemp had long been grown in the British colonies in the Americas – even drugs such as cocaine or opioids were easily available to white Canadians – the 1920s saw the increase of anti-drug sentiment, empowered by racist attitudes, notably in the United States. Even in Canada the use of cannabis was linked to racist attitudes, especially against the increased Chinese-Canadian population at the start of the twentieth century – with opinions making an connection between psychoactive drugs and Chinese-Canadian culture. These attitudes are what led cannabis to be included in Canada’s 1923 Opium and Narcotic Drug Act, prohibiting the use of cannabis in the country.

The last 95-years of cannabis prohibition in Canada has led to immense challenges, especially as Canada turns to legalize the drug for recreational purposes. Already, cannabis is the second-most used substance in Canada – after alcohol – despite Cannabis use is highest it having been an illegal substance. Cannabis use among First Nation is also fairly prevalent in indigenous communities, youth, with 89% of the and especially among youth. Cannabis use is respondents reporting highest among First Nation youth, with 89% of the frequent use. respondents reporting frequent use. This has highlighted the importance of talking within communities about the risks of cannabis, especially as the conversation changes and it becomes more normal to discuss and use cannabis in Canada.

Communities need to have discussions among leadership and the membershipat-large about the impacts of cannabis within their community, and the needs of their community to ensure that the legalization of cannabis has the least possible negative effects on their people.

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These community-based cannabis policies should exist to outline the priorities of the community regarding the legalization of the community; its position on the use of, or production and sale of cannabis in the community; and the public health and education initiatives proposed by the community. Although this may be the ideal; the current legislation limits a community’s ability to implement these frameworks (to be discussed in detail in Section G) First Nations Jurisdiction).

There are essentially two approaches that a community could take regarding its cannabis policy. The first is to prohibit the possession, use, sale, and production of cannabis on the territory of the community, just as many dry communities have already done with alcohol. However, like alcohol, these prohibitions will fail without adequate support for police enforcement and education initiatives within the community to support the prohibition. The second is to take a public engagement approach – to engage in an open conversation with community members about the impacts of cannabis, and create a Community Cannabis Implementation Plan that includes community health and safety, communitybased legal frameworks for cannabis licensing, and economic development plans where needed.

There are important questions for indigenous communities to consider when discussing the impacts of cannabis within their communities. These include conversations about if cannabis might be a safer alternative to address the opioid crisis in many communities; what are the best means to protect our most vulnerable populations, including youth, people with mental health or addictions issues, or women who are pregnant; how might safe cannabis use be promoted without normalizing cannabis in the community; or, might cannabis licensing for production or distribution in the community be an opportunity for economic development?

There are important questions for indigenous communities to consider when discussing the impacts.

There are many communities that have yet to have an opportunity to discuss the legalization of cannabis among its leadership and members; however, for those that have, there are some common concerns and priority areas that need to be addressed in collaboration with federal and provincial partners. These questions Bimaadzwin - 2019

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address health issues, economic issues, legal issues that were not addressed in the current cannabis legislation, social issues within and external to the communities, and critical challenges relating to the governance and jurisdiction over the cannabis industry within indigenous communities. The following sections explore the current landscape of cannabis legalization in Canada, as well as the challenges that remain unaddressed within these new legal frameworks in more detail. This will include discussion over the current cannabis framework; nation-wide gaps regarding the implementation of cannabis legalization in indigenous communities; as well as the unique challenges that exist at the local level.

F – Cannabis 101 The use of cannabis by adults was legalized in Canada on October 17th, 2018 – in Ontario, the age of purchase and consumption of cannabis is nineteen years. The legalization of cannabis has sparked conversation across the country about the effects of cannabis; the opportunities and the challenges that might arise as a result of legalization; and for some, the first opportunity to learn about cannabis without the stigmatization of discussing a prohibited substance. Although increased education about cannabis is considered a priority by the Government of Canada, there remains a need to inform individuals and communities about cannabis.

The use of cannabis by adults was legalized in Canada on October 17th, 2018

Cannabis is known by a wide variety of names – Marijuana, bud, blunt, chronic, dab, ganja, green, hash, herb, joint, loud, Mary Jane, MJ, pot, reefer, skunk, smoke, trees, wax, weed – are just a few examples of terms used to describe the cannabis plant or a consumable derivative of the plant that Bimaadzwin - 2019

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are commonly used in North America. All marijuana products and derivatives come from the cannabis plant, which typically grows between three and six feet tall. Cannabis is the second most used psychoactive substance – having an effect on your mind – in Canada, after alcohol. Some individuals report using cannabis for a number of reasons ranging from relaxation, enjoyment, to a need to alter their perspective, to ‘fit-in’ with a group, or to simply experiment with the substance.

The cannabis plant is typically separated into two species, cannabis sativa, and cannabis indica. These two species require different conditions to grow and blossom, but also are reported to have differing effects on the mind and the body. The Cannabis Sativa strain is typically known for invigorating or uplifting feelings, and is usually recommended for physical activity, creative thinking, or social gatherings. Alternatively, the Cannabis Indica strain is typically known for its sedative effects on the mind and the body, and is usually recommended for relaxing, resting at home in the evening, or to help with sleep. There are hybrid plants as well – those that are bred from both sativa and indica strains – which can have varying effects resulting from the interaction of both strains; Cannabis New Brunswick describes hybrids using the analogy of a wine that has been blended with multiple grapes, each bringing a unique flavour.

The cannabis plant is typically separated into two species, cannabis sativa, and cannabis indica.

The high feeling that is associated with the use of cannabis is as a result of the interactions between our nervous system and the various cannabinoids – the various chemical compounds that are secreted by the cannabis plant. These cannabinoids interfere with our nervous system in different ways, and this in turn causes the various physical and mental effects that we associate with the use of cannabis. Although there are hundreds of cannabinoids that exist in the plant, there are two that are most common and that have the most noticeable effect on humans – they are commonly known by their abbreviations: THC and CBD.

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THC – or, Delta-9-Tetrahydrocannabinol – is the psychoactive cannabinoid that is typically associated with the feeling of being high. THC attaches itself strongly to receptors in the brain that cause you to feel happy, euphoric, invigorated, and even a little hungry. CBD – Cannabidiol – however, is the non-psychoactive cannabinoid that is typically associated with the physical feelings of being relaxed, rested, and can even help relieve some pain. CBD, being a nonpsychoactive component, does not have an effect on an individual’s cognitive ability - it is THC that causes these effects. Various strains have different levels of THC and CBD and will, as a result, have varying effects on individuals.

The Government of Canada legalized the use of cannabis for medical purposes in 2001. This allowed healthcare providers to recommend cannabis to patients as an alternative option for the management of pain and of some mental health concerns; and allowed patients to purchase cannabis directly from retailers licenced by Health Canada. This also allowed research into the medicinal properties of cannabis to be conducted and helped in normalizing the use of cannabis in Canada. In 2015, the Government of Canada under Prime Minister Justin Trudeau tabled the Cannabis Act, that would legalize and regulate the production and sale of recreational cannabis in Canada. The legislation would allow adults of a legal age (in their province or territory) would be allowed to possess up to 30 grams of dried cannabis purchased from a licenced retail outlet; or to possess up to four plants for personal use, so long as the initial materials were purchased from a licenced retail outlet. The Cannabis Act was also drafted to target the use of cannabis by youth. It is illegal for adults to provide or sell cannabis to youth, and the penalties for those who do can result in up to fourteen years in prison. Those who use cannabis for a medical purpose and who have been recommended cannabis by their healthcare provider can continue to use cannabis as authorized by that provider.

The legislation would allow adults of a legal age (in their province or territory) would be allowed to possess up to 30 grams of dried cannabis purchased from a licensed retail outlet; or to possess up to four plants for personal use, so long as the initial materials were purchased from a licensed retail outlet.

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Cannabis can be consumed in a number of ways. As of October 2018, it was only legal to possess dried cannabis products – the dried flower – which can only be ground down and smoked. Cannabis can be smoked using a pipe, a water pipe (or, bong), or by rolling it like a cigarette into what is called a joint. A single intake of smoke is called a hit. Additionally, there are products known as cannabis extracts – in the form of solids sometimes called dabs, and shatter that are consumed by heating them and inhaling the smoke; or in the form of tinctures and oils that can be consumed orally. These extracts can contain either THC or CBD exclusively, or contain some combination of the two cannabinoids. Cannabis can also be brewed as a tea, or mixed into various foods and ingested. These often take the form of cookies, candies, or brownies. Some individuals believe that consuming cannabis orally is a safer way of consuming, given that they’re not inhaling a combusted substance – however, this means of consumption can take longer to affect the body. It is also important to note that the production and sale of cannabis extracts and edible cannabis products is not legal until the fall of 2019.

As of October 2018, it was only legal to possess dried cannabis products – the dried flower – which can only be ground down and smoked.

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G – First Nations Jurisdiction on Cannabis Cannabis was initially included as a prohibited substance in Canada with the 1923 Opium and Narcotic Drug Act, that included cannabis alongside other illegal narcotics such as heroin and cocaine. Cannabis remained prohibited in Canada for the remainder of the century, with legislation being passed in the early 2000s that would create a framework for the production and distribution of medical cannabis managed by Health Canada.

The legalization of recreational cannabis has This federalist changed the legal framework for the cannabis framework failed to industry, and has had profound impacts on a consider the third number of areas within the country. The level of government Cannabis Act essentially framed the relationship in Canada, between the federal and provincial governments indigenous regarding the legalization of cannabis, and governments. outlined an approach to legalization that would be quick and relatively seamless for the federal government. However, this approach greatly misinterpreted the necessity to engage indigenous communities, and has created a confusing legal framework regarding indigenous participation in the cannabis industry.

The Liberal government under Justin Trudeau tried to legalize cannabis in a quick and efficient way, putting more emphasis on the promotion of public health and education priorities over the establishment of a well-constructed industry – not that the instant creation of a once-prohibited industry was ever going to be simple. The use of Canadian federalism to approach the legalization of cannabis allowed the federal government to gain the political point for legalizing cannabis, establishing a position of public health and education, and benefit from the new tax structure; while leaving the responsibility of delivering the product to the consumer, and defining that consumer, to the provinces – allowing other governments to take the blame should the implementation not be seamless; like the delay of cannabis stores in Ontario following the election of Doug Ford’s Progressive Conservative government.

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In the C-45 model, the federal government granted itself the responsibility for criminality, production – that is the cultivation, processing, and packaging – as well as maintaining control over the medical cannabis market. The provinces were granted the responsibility for the distribution and retail sale of cannabis, to define the scope of use like the minimum age, and legal areas of consumption.

The federal and provincial government agreed to share jurisdiction over issues like the personal growth of cannabis, the taxation framework, and public health and education initiatives.

This federalist framework failed to consider the third level of government in Canada, indigenous governments. The reports produced by the federal task force on cannabis failed to address the jurisdictional challenge posed by indigenous communities; and failed to consult with communities about the proposed legislative framework. The National Indigenous Medical Cannabis Association said in its report to the Senate Committee on Indigenous Affairs that “once again, Canada is proving it is not onside with First Nation and Indigenous peoples and our sovereign and Inherent rights […] there has been a complete lack of consultation with Indigenous peoples on many issues including cannabis and the development of the proposed Bill C-45.”

Jared Wesley, in his chapter Cannabis Legalization and Colonial Legacies, states that “this settler colonial practice transforms Indigenous leaders from partners into subordinate stakeholders, thus contradicting the inherent right to self-government found in the Constitution, affirmed by the courts, and acknowledged by a host of federal and provincial policies.”

In fact, the recent publication of the Truth and Reconciliation Commission’s Final Report and 94 Calls to Action serve as an excellent example of how proposed reconciliation initiatives could be considered under the framework of cannabis legalization – including the recommendations on economic development, criminal justice, the commitment to a nation-to-nation relationship, and the full adoption of the United Nations Declaration on the Rights of Indigenous Peoples into Canadian legislation. UNDRIP itself establishes a Bimaadzwin - 2019

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UNDRIP itself establishes a number of rights that could have an impact on cannabis legalization, including rights self-determination, traditional knowledge, and cultural practices – especially the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, [and] the knowledge of the properties of fauna and flora […]”. – UNDRIP Article 31.

number of rights that could have an impact on cannabis legalization, including rights self-determination, traditional knowledge, and cultural practices – especially the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, [and] the knowledge of the properties of fauna and flora […]”. – UNDRIP Article 31.

This lack of engagement on the part of the federal government in the months leading up to legalization has created a system where the federal government delegated the responsibility of distributing and selling cannabis; much to the disagreement of many indigenous communities, who do not recognize the jurisdiction of a provincial entity within the nation’s territory.

Ontario stipulates that the provincial regulations for the sale and consumption of cannabis is applicable over the entire territory of the Province of Ontario; but their legislation does allow for flexibility should a First Nation enter into an agreement with the Attorney General of Canada over the distribution and sale of cannabis in that community. This means that a community could pass a regulation wither prohibiting cannabis; adhering the community to the provincial retail framework; or establishing a First Nations-controlled cannabis licensing and regulation body within the community. However, without that agreement in place, the provincial authorities might see an on-reserve cannabis business as illegal; especially if the community has yet to pass regulations of their own. This creates a grey-area in communities where regulations have not been passed by the Band Council, but where cannabis businesses have already opened –

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claiming that they do not have to be registered with the Alcohol, Cannabis and Gaming Commission of Ontario.

The Indian Act – the colonial legislation that still governs many First Nation communities today – allows Indigenous Band Councils to make their own bylaws regarding intoxicants in the community. They have the power to prohibit the manufacture and sale of a substance, and can create exceptions to these laws – essentially creating a licensing regime. The federal government handed The Indian Act – the colonial legislation that still governs many First Nation communities today – allows Indigenous Band Councils to make their own by-laws regarding intoxicants in the community. the responsibility of retail licensing to the provinces – which do not have jurisdiction over First Nations – creating a vacuum in the legality of on-reserve cannabis operations. Ontario recognizes that these communities have the right to limit the use of cannabis, and has set regulations so that a Band Council Resolution is required to either prohibit the delivery of cannabis to the community by the on-line Ontario Cannabis Store; or to approve the request of a cannabis licensee that is located on a reserve. However, where this jurisdictional challenge poses the most questions is in the case that a community allows the retail sale of cannabis, but not through an AGCO approval process; and if this would be a legal retail site – there is no set precedence for these cases at the present.

Canada says that indigenous communities already have the authority to prohibit or increase control over the use of cannabis on their territories – this authority draws from the Indian Act’s clause on intoxicants or from self-governing agreements with the Crown; and are solidified by the recognition of Aboriginal rights in Section 35 of the Canadian Constitution. Canada also says that indigenous communities will be able to benefit from transformed taxation and revenue sharing frameworks, and that engagement with the AFN has already started on this New Fiscal Relationship. However, there is no legislation tabled at the present that would solidify the roles and responsibilities of indigenous communities in the cannabis industry, nor are there new tax systems being Bimaadzwin - 2019

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proposed in legislation to share the revenue of the cannabis industry with indigenous governments.

The legal framework for indigenous participation in the cannabis industry is still lacking, and will require the participation of both indigenous communities and governments to create a system that encourages indigenous engagement in this industry. Kahnawake lawyer, Murray Marshall, completed a short opinion document that outlined his legal interpretation of the Cannabis Act, and the framework for indigenous participation in the industry – this opinion is provided as an appendix to the report.

He recognized Canada’s commitment to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples – including the right to self-determination regarding political status and economic development, and the right to maintain and strengthen their own economic institutions. He also recognized Canada’s authority and duty to consult and make agreements with First Nations regarding each party’s roles and responsibilities in the cannabis industry; and outlined how the Cannabis Act provides opportunities for Canada to engage with First Nations on issues relating to cannabis.

The Cannabis Act (S.C. 2018, c.16) does not prohibit Canada from consulting and making agreements with First Nations; actually sections 59 and 60 provide the Attorney General of Canada the responsibility to enter into agreements with any province, municipality, or local authority on a limited number of matters.

Section 7 of the act defines a local government as including First Nations.

Although Canada did not outline the framework for the indigenous cannabis industry, the Cannabis Act allows for Canada to enter into agreements with First Nation’s over the implementation of cannabis regulations allowing indigenous participation in the industry. M. Marshall also mentions that the First Nations Tax Commission has proposed that the Cannabis Act be changed to allow indigenous regulatory powers over cannabis tax, and to ensure that tax regulations are coordinated between governments.

Although the opinion of this lawyer supports the legitimacy of the indigenous cannabis industry, M. Marshall lists a series of recommendations that would allow First Nation inclusion to move forward. These include the creation of a table where federal and First Nations participations define an appropriate model Bimaadzwin - 2019

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for the indigenous participation in and benefit from the cannabis industry; acknowledge First Nations’ authority to regulate commercial activities on their territories; harmonize First Nations regulations and testing standards with Health Canada requirements; allow grandfathering of existing cannabis businesses into the proposed model; and identify solutions addressing health and safety, licensing for on-reserve outlets, regulations and testing standards, and fair fee and tax systems.

The framework for legalization of cannabis in Canada failed to address a number of key considerations that would have profound impacts on indigenous communities.

First, if not foremost, is the question of past charges relating to cannabis and the question of pardoning those with low-level drug charges. It is widely known that “the ‘war on drugs’ approach has had a disproportionate impact on indigenous people though increased incarceration rates and sentences, and negative public health effects of substance dependence that are higher among Indigenous compared to non-Indigenous people in Canada.” (Wesley, 46) The incarceration of indigenous individuals for charges relating to cannabis is much higher than the population at-large; and in fact, is higher than the general population for incarceration more generally. In Canada, indigenous people represent only 4.3% of the population, but represent over 23% of the inmates in the Canadian Bimaadzwin - 2019

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correctional system. At the same time, in cities like Regina, an indigenous person is nearly nine times more likely to be arrested for cannabis possession than a white resident of the city. There are likely thousands of cases where individuals were once charged with a crime that would no longer be considered illegal under the Cannabis Act; and it is highly likely that a large number of these cases are indigenous individuals. However, there is yet to be any legislation that aims to tackle the pardoning of these individuals, even though this is a stated priority of the government. (Graphics from Vice News: https://news.vice.com/en_ca/article/d35eyq/black-and-indigenous-people-areoverrepresented-in-canadas-weed-arrests) There are other legal complications that have yet to be addressed that pertain to indigenous communities, and that the current cannabis framework fails to consider. One example is the availability of medical cannabis to those who receive Non-Insured Health Benefits (NHIB) from Health Canada; or if at-home medical plants still need to be registered with Health Canada. At this time, Health Canada will not provide coverage for cannabis under the NHIB program, and considers medical and recreational plants at-home differently; capping the recreational plants at four, and requiring Health Canada licensing for any medical plants. Another example is the failure on behalf of the government of Canada to establish a working framework for revenue sharing, licensing for production and retail, and the general economic impact of the cannabis industry within indigenous communities. Given that the federal priority was public health and education, it did not see it necessary to help indigenous communities understand and explore the cannabis industry.

Although the federalist approach to cannabis legalization has created a number of vacuums and grey-areas regarding the implementation of a cannabis industry within First Nations territories; a number of communities have already begun establishing regulatory frameworks for cannabis that function with the cultural and political customs of the nation. The current framework at the provincial and federal level essentially allows a Band Council to pass a regulation that defines the scope of cannabis in the community, including its production and distribution. Some communities have chosen to prohibit cannabis entirely, like a dry community has done with alcohol; but others have created unique frameworks that have led to flourishing cannabis industries.

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One such example is that of the Mohawks of the Bay of Quinte – and the Tyendinaga Mohawk Council. The council, pursuant to its power to make bylaws governing the Tyendinaga Mohawk territory under section 81 of the Indian Act, opted to pass a cannabis regulation that would govern the industry in Tyendinaga. Under Ontario regulations – this regulation would be ... the Tyendinaga Mohawk territory forwarded to the Attorney General of under section 81 of the Indian Act, Canada – and would then overpower opted to pass a cannabis regulation provincial regulations on the territory. that would govern the industry in However, the need to be recognized Tyendinaga. by the provincial authorities is debated.

The Mohawks of the Bay of Quinte have established regulations over the cultivation, production, processing, distribution, possession and use of cannabis. It recognizes the need to be federally licensed as a producer; and establishes a First Nation-managed system for distribution, sale, possession, and use of cannabis in the community – underwriting all provincial jurisdiction.

For even greater certainty, the regulation mentions that all licenses from a regulatory body outside of the First Nation has no validity on their territory. This legislation governs the cannabis industry in Tyendinaga, which has already seen over 45 dispensaries and other cannabis-related businesses open; all under the supervision of the Mohawks of the Bay of Quinte Cannabis Control Board.

As more indigenous governments pass regulations governing the cannabis industry within their communities, the scope of indigenous jurisdiction will become clearer – if not be legislation, then by precedence. It is clear that there remain many unanswered questions regarding First Nations jurisdiction on cannabis, and it will require the participation of indigenous governments and their provincial and federal counterparts to ensure that the overlooked issues are addressed in a timely manner.

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H – Business Case for Cannabis in Wahnapitae Wahnapitae First Nation has seen two cannabis-related businesses open on the reserve over the last few years – Creator’s Choice Natural Health Solutions and First Nations Medical. These businesses have been following the examples of other cannabisrelated businesses in communities such as Alderville First Nation and on the territory of the Mohawks of the Bay of Quinte – but have not necessarily had the same support from their community’s leadership. Creator’s Choice Natural Health Solutions has been an active part of the conversation on indigenous-owned-and-operated cannabis businesses at a provincial level, and has hosted an Anishinaabe Cannabis Gathering in May of 2019. These dispensaries are monitoring the progress of indigenous-led cannabis initiatives such as the Red-Feather Certification Protocol that has since been adopted by cannabis dispensaries in Alderville First Nation that have their own testing capabilities – in the hopes of adopting these standards in Wahnapitae. This certification tells consumers that the cannabis product was produced by an indigenous business, without the use of any pesticides or herbicides, and has gone through a quality control system that is equal to or greater than Health Canada’s standards for cannabis.

Wahnapitae First Nation has seen two cannabis-related businesses open on the reserve over the last few years – Creator’s Choice Natural Health Solutions and First Nations Medical.

These businesses have been following the examples of other cannabisrelated businesses in communities such as Alderville First Nation and on the territory of the Mohawks of the Bay of Quinte – but have not necessarily had the same support from their community’s leadership.

Wahnapitae First Nation has not had the opportunity to develop cannabis regulations for the community, and as such, the Anishinabek Police in coordination with the Ontario Provincial Police have conducted a number of raids on both businesses over the last month – removing tens of thousands of dollars in merchandise and cash from the business-owners. The community has since issues a cease-and-desist order to these businesses, which has caused

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…the cannabis retailers in Wahnapitae hope to establish regulations for the industry that reflect the needs and values of the Wahnapitae First Nation – and allow members to participate actively in this growing industry.

them to temporarily close public operations until such time as council has a vote – which is scheduled for June 28th, 2019.

Wahnapitae First Nation has an incredible opportunity in the development of a cannabis industry on its territory.

Given that Wahnapitae is an enclave within the City of Greater Sudbury, the First Nation has direct access to its 165,000-strong population. Although Greater Sudbury has been granted two Ontario-designated dispensaries – these are both located near the southern end of urban Sudbury – and are relatively inaccessible to many of the outlying communities north of Sudbury in Valley East (22,374), Capreol (3,261), and Chelmsford (7,479) – all of which are closer to Wahnapitae First Nation. Additionally, the two Ontario-designated dispensaries in Greater Sudbury are the only two dispensaries in the entire northern region. Until such time as other regional centres in the North open Ontario-designated dispensaries, the two in Greater Sudbury will also serve the populations of Timmins (41,788), North Bay (51,553), Sault Ste. Marie (73,368), Thunder Bay (125,563), and the numerous smaller towns spread throughout the region – as many of the people in these cities travel frequently between them, and would pass through Greater Sudbury and Wahnapitae First Nation.

Until such time as other regional centres in the North open Ontario-designated dispensaries, the two in Greater Sudbury will also serve the populations of Timmins (41,788), North Bay (51,553), Sault Ste. Marie (73,368), Thunder Bay (125,563), and the numerous smaller towns spread throughout the region – as many of the people in these cities travel frequently between them.

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As with the establishment of cannabis-related business associations in other regions of the province, including the Mississaugas of Rice Lake Cannabis Association, the cannabis retailers in Wahnapitae hope to establish regulations for the industry that reflect the needs and values of the Wahnapitae First Nation – and allow members to participate actively in this growing industry.

I – Comparative Societal and First Nation Perspective Ontario announced in August, 2018 that cannabis would initially be sold online through the Ontario Cannabis Store once cannabis was legalized in Canada. Then, by April, 2019 the province would have created a system to license and regulate the sale of cannabis at private retailers throughout the province. The roll-out of a new cannabis industry in Ontario was not without its challenges, and at the time of the first provincially-designated dispensaries opened, there was only one open in all of Northern Ontario – in Sudbury.

However, First Nation communities are governed by their own laws, and many already have medicinal and recreational cannabis dispensaries in operation.

There is a tremendous opportunity for those First Nations who are currently involved in cannabis production and sales, or those who are interested, to establish a legal foothold in the industry. As mentioned in Section E, the system that was implemented in 2018 was primarily focused on the jurisdictional relationship between Canada and the provinces, and did little to consider the particular legal and economic interests of indigenous communities. This may prove to be a challenge, but this also presents an opportunity – there are many issues that still need to be discussed and addressed at a national level – between the provinces and the federal government – but more importantly between governments and indigenous communities at a nation-to-nation level.

These topics include the recognition of indigenous perspectives regarding land use, community development and prosperity – the right to nationhood, and the impacts of this on the development of a cannabis industry. These discussions Bimaadzwin - 2019

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will follow the rights of indigenous communities and respect their legal perspectives. There must also be an assessment of the impact on community wellbeing; including but not limited to issues of health and safety, incarceration rates of indigenous persons, issues of mental health and addiction, poverty and social challenges, and the economic reality of the community. These discussions are critical when considering the legalization of cannabis as this will have a profound impact on the programs and services available in the community; available resources for the promotion of public health, education of members on cannabis, development of laws and licensing systems, and the availability of adequate legal enforcement must be considered when thinking about the role of indigenous communities in the legalization of cannabis in Canada. Unfortunately, the federal and provincial-territorial task groups on cannabis failed to consult and engage indigenous leadership, leaving many of these questions unanswered.

Nonetheless, a number of communities are taking it upon themselves to answer these questions and develop a strategy for the implementation of legalized cannabis, and even strategies for participating actively in the growing cannabis market. Currently, there are over forty dispensaries in operation at Tyenindaga, located between Kingston and Belleville on the bays and peninsulas of Lake Ontario – the largest, Legacy 420, generates $20 million annually. Alderville First Nation, north of Cobourg, has seven dispensaries on a stretch of highway now known as ‘Green Mile’, one of which employs 35 people. Pikwakanagan First Nation has a cannabis business association of seven members with over 100 employees; and despite being only 90 minutes from Ottawa, the dispensaries in Pikwakanagan have seen an increase in sales since the provincial-designated dispensaries opened in the neighboring city.

Akwesasne First Nation, on the St. Lawrence River outside Cornwall, has turned a former water bottling plant into Seven Leaf Medical Cannabis. The company says that it “is a proud First Nations applicant under the Access to Cannabis for Medical Purposes Regulations (ACMPR). Sevel Leaf is dedicated to providing relief to patients with the natural, therapeutic benefits of medical cannabis. We are deeply committed to family and community-and have created

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“We are deeply committed to family and community-and have created a socially responsible company that strives to be a leader in business practices and community philanthropy.”

a socially responsible company that strives to be a leader in business practices and community philanthropy.”

The company is proud to be offering interesting careers at competitive wages in Akwesasne, which has become a draw for college and university-graduates to return to their community with employment that matches their education.

Canada’s largest First Nation community, Six Nations, recently announced that it will develop its own cannabis laws and regulations. “We have to start developing our own source revenue”, said Chief Ava Hill in a Toronto Star interview. “If this is one avenue to do that, that’s one avenue we want to explore.” However, Chief Hill – like other Indigenous leaders – says that they’ve been excluded from the national discussion on legalization, leaving communities in the dark as to what is happening and what capacities they have to participate.

The colonial federalist approach to legalization leaves indigenous communities in a place of optimistic uncertainty when it comes to their place in the cannabis industry.

“We have to start developing our In the months to come, there must own source revenue”, said Chief be renewed efforts by both the Ava Hill in a Toronto Star provincial and federal governments to intensify discussions on how First interview. “If this is one avenue to do that, that’s one avenue we Nations will be able to fully want to explore.” participate in the multi-billion-dollar cannabis industry that has much potential to attract ‘cannabis tourists’ from the United States and elsewhere.

Again, the legalization of cannabis in Canada happened on October 17 th, 2018 as Bill C-45 – the Cannabis Act – came into force and began the control and regulation of production, distribution, and sale of cannabis, as well as provisions as to the use of the substance. The goal of the legislation was to decrease youth access to cannabis, and take the power of the market away from illegal organizations. However, many community organizations – from police forces to indigenous leadership – have expressed concern that they will not be able to Bimaadzwin - 2019

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deal with the effects of Bill C-45 when it becomes law. In fact, this issue is going to have huge impacts for First Nations and all Canadians, but we are not yet in a position to fully understand what these impacts are. Author Jared Wesley wrote in his chapter Cannabis Legalization and Colonial Legacies in the book ‘High Times: The Legalization of Recreational Cannabis in Canada’ that “in the era of reconciliation, cannabis legalization is one of the first hard “in the era of reconciliation, cannabis tests of federal and provincial legalization is one of the first hard governments’ commitments to tests of federal and provincial inclusive policymaking.” governments’ commitments to inclusive policymaking.”(Jared Like with alcohol, some Wesley) communities choose to prohibit the production and sale of cannabis, or even the use of cannabis entirely within the territory of the First Nation. The Ontario Cannabis Store has already put in place a program where a community can formally pass a band council resolution that would stop OCS from delivering any cannabis to an address in that community. On the other hand, many communities want to explore the potential for indigenous-owned cannabis businesses within their communities, which under the current framework is possible – and jointly-owned cannabis operations, which would require federal approval. Any provincial legislation needs to have the flexibility to support First Nations communities in pursuing development in ways that align with their own specific cultural and community values, capacities to develop education and enforcement programs, and the priorities of that community.

Leading into legalization, it was expressed that the process happened too quickly and did not allow for adequate consultation with Indigenous leaders. The rapid procession of legalization forced provinces to adopt models that mimicked their alcohol or tobacco sales programs, and did not allow for legal frameworks to consider the growth of indigenous-owned cannabis businesses. We remain optimistic that First Nations in Ontario – under the new PC government – will directly benefit from any revenue generated from these ventures. While historically, Ontario First Nations have been neglected in resource revenue sharing with the province of Ontario, this new industry – along with the federal commitment to Principle 8, exploring fairer fiscal relationship with First Nations

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and even possible new tax systems – is an opportunity to turn a new leaf and to explore these new resource sharing opportunities.

The Cannabis Act neglected any specific opportunity for First Nations to participate meaningfully in or have the resources to appropriately respond to the implications of this emerging market. Under section 60 of Bill C-45, it states The Cannabis Act that the Attorney General of Canada may enter neglected any specific into an agreement with the government of a opportunity for First province, or with any provincial, municipal, or Nations to participate local authority – if the government of Canada meaningfully in or have were serious about its dedication to a the resources to government-to-government relationship, First appropriately respond to Nations would have been included within this the implications of this section to provide adequate responses of this emerging market. bill within and surrounding First Nations communities.

Bill C-45 should have also included support for First Nations emergency responders such as police, ambulance, and fire response; education programs, mental health and addictions programs, and increased healthcare services; as well as instruction and support as to have the ability to participate actively in the cannabis industry. A revenue sharing agreement with First Nations would have ensures quality emergence response to promote community safety, which is an important factor in self-governance. While some First Nations will be unwilling to participate in the industry – which is their prerogative to do so – there will be some First Nations that will want to participate as meaningful partners or even sole owners of businesses related to Cannabis. Unfortunately, as Jared Wesley noted in his chapter, the “discussion over the necessity of Indigenous governments to obtain permission from the federal government to grow and distribute cannabis on their lands remained unexplored in the [Federal Cannabis Task Force] report.”

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Within section 61(1)(a), the Minister may establish classes of applications for licenses and permits – permits for First Nations cannabis businesses should be a separate class and have a designated number of licenses and permits attached to that class, as well as clear outlines and procedures for these businesses. This class of permits should be established in conjunction with community leadership, which would allow for the self-regulation on cannabis, but also on business licenses and incorporation.

Jared Wesley notes in his chapter that “questions remain as to why and with what consequences [the federal and provincial governments] chose to pursue a settler colonial approach to policy development in the three years of the [legalization] process.” It is important to be mindful as changes come to consider how colonial legislation continues to impact on First Nations’ ability to generate revenues to appropriately govern their nations.

However, the biggest concern that First Nations in Ontario – and across the country – have with the Cannabis Act is for the health and safety of our peoples.

According to the National Native Alcohol and Drug Abuse Program, cannabis is the second most abused substance after alcohol, followed by cocaine and opioids. Drug Free Kids Canada notes that the risk of developing dependence on cannabis is one in six among those who use cannabis frequently, or who start during their teenage years.

Indigenous governments, municipalities, community health organizations, and education organizations have all expressed a need for increased support in education and support initiatives to ensure a safe roll-out of cannabis, while avoiding the issue of over-normalizing the use of the drug. In 2013, it was estimated that in Ontario alone it would take an additional $33 million-dollars per year to adequately treat First Nations with drug and alcohol dependencies – which comes as a result decades of underfunding – it is unsure what the impacts of cannabis will be on these already strained systems.

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We already know that there will be an increased need for addictions treatment – and we know that there will be a need for an increase in law enforcement. When the states of Colorado and Washington legalized recreational cannabis sales in 2013, it was reported that American Indian tribes were negatively impacted.

Cannabis products were trafficked and sold illegally on reservations as far as New Mexico, Arizona, and South Dakota – the primary target being teenagers in these communities. How is Canada going to ensure that this does not happen?

It is widely known that indigenous policing services are already chronically underfunded and understaffed.

In conclusion, there are a lot of unanswered questions about how the legal sale of cannabis will impact First Nations. There remains uncertainty about the benefits of cannabis in terms of economic opportunities and revenue sharing.

There remain unanswered questions about the health impacts and considerations for safety regarding the legalization of cannabis. Neither federal nor provincial governments have outlines how much funding would be set aside for First Nations in terms of educating our citizens – especially youth – on the impacts of cannabis. Canada and Ontario must ensure that all communities and jurisdictions have the proper health, policing, and public safety resources in place – and this includes First Nations across Canada. These considerations Bimaadzwin - 2019

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combined will ensure that the industry has done its due diligence and process with regard to First Nations and their rightful place in the formal lifting of prohibition in the cannabis industry in North America.

J – Impacts of Cannabis in Wahnapitae The cannabis industry in Wahnapitae needs the support and engagement of community leadership to continue its growth.

Retailers have been engaging with community members in an open manner in hopes of growing political support and engaging with leadership in the process.

The cannabis industry in Wahnapitae has incredible potential, but requires additional engagement from the part of the community.

The cannabis industry in Wahnapitae First Nation has grown over the last year, and as such will evidently have an important impact on the future of the community. There is concern about increased traffic heading towards Wahnapitae from the all-year road leading from Capreol – the northeastern extreme of urban Greater Sudbury – as there is not much traffic that currently leaves the city in this direction. Although Wahnapitae is used to Sudbury-based tourist traffic due to the popular Rocky’s restaurant on the lake, sizable growth in the cannabis industry would see traffic increase on the access road, as well as through Capreol and the other Valley-East communities. However, the geography of the reserve territory also presents an opportunity. The important concerns about an increase of traffic into the core residential area of the community along the lake – given the condition of the road, and the impact of an increased number of vehicles in the small community – can be mitigated by establishing a cannabis-friendly business area at the northern extreme of the territory. This would allow retailers to engage with consumers in an area away from homes and schools, and allow those coming to Wahnapitae to bypass these businesses without concern for traffic.

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It was also noted that although cannabis can currently be consumed in areas where tobacco may be smoked, there are concerns about the public use of cannabis within the community. The Powwow grounds, for example, have been used to consume cannabis in the past, and this should be stopped though enforcement and education. Additionally, there are concerns that individuals might come to Wahnapitae to purchase cannabis; and that they might then consume that cannabis on the reserve before driving back to Sudbury – and the risks associated to operating a vehicle under the influence of cannabis.

There are challenges relating to public education and public health initiatives aimed at cannabis – if the objective of protecting youth is prioritized, it is important to build a cannabis industry without over-normalizing the use of cannabis in an overly public way. Wahnapitae First Nation’s administrative departments that address health and education services will have to work closely with the retailers and government partners to ensure that adequate programming is made available to members of the community. It was important for the retailers to note that cannabis is, and remains a mind-altering substance; and there are impacts that can have an effect on the lives of young people.

Notably, the effect of sluggishness can have an influence on your ability to be productive, and like alcohol – there is a time for everything. It was also important to note that cannabis was not a traditional Anishinaabe medicine, and the right of a First Nation community to produce or distribute cannabis is an economic and self-governing right, and is not a cultural right.

The community has not yet had the opportunity to survey the membership on the impacts of the cannabis industry in Wahnapitae; but the popularity of the two Ontario-designated dispensaries in Greater Sudbury among city and First Nation residents alike proves that there is space for an Indigenous Cannabis Industry in the region

The cannabis retailers of Wahnapitae First Nation, including Creator’s Choice Natural Health Solutions, want to be an active part of the development of appropriate regulations and standards to govern the industry on the First Nation.

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product, where it was produced and by whom, and the effects that it might have on them.

The community has not yet had the opportunity to survey the membership on the impacts of the cannabis industry in Wahnapitae; but the popularity of the two Ontario-designated dispensaries in Greater Sudbury among city and First Nation residents alike proves that there is space for an Indigenous Cannabis Industry in the region. Active engagement between cannabis retailers, Wahnapitae First Nation, the City of Greater Sudbury and other partners will allow Wahnapitae to benefit from the development of a cannabis industry on its territory.

K – Identified and Categorized Needs There remain a number of needs that must be considered for the cannabis industry in Wahnapitae First Nation to have the capacity to grow in the coming years, and develop into an active and functioning component within the community and the larger Canadian cannabis industry. These identified needs have been categorized by the stakeholder that would be most able to address these concerns.

The Wahnapitae First Nation will need to establish a cannabis policy in consultation with community members, cannabis retailers, and external government partners to regulate and govern the cannabis industry on the First Nation; after the upcoming vote on June 28th. Wahnapitae needs to consult with community members and the City of Greater Sudbury over the impacts of cannabis, including increased traffic through Valley-East.

Wahnapitae will need to work with its law enforcement partners to ensure that legal cannabis businesses are recognized and protected, and that illegal activities can be identified and addressed. This includes the production and sale Bimaadzwin - 2019

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of cannabis that is outside of Wahnapitae regulations; security services for legal cannabis producers and retailers; and enforcement on community-set regulations for the public consumption of cannabis.

Wahnapitae First Nation should work with retailers, producers, and other cannabis-related businesses to explore the creation of a cannabis-friendly business area at the northern edge of the territory to alleviate traffic in the residential core of the community, and ensure that cannabis-related activities are removed from areas near schools and other services.

Lastly, Wahnapitae First Nation will need to develop and implement public health and education initiatives designed to minimize the negative impacts of cannabis on members, and promote the safe, healthy use of cannabis within the community. Youth in the community should understand the impacts of cannabis, and how – like alcohol – there is a time and a place for use, and overuse can lead to significant problems. Cannabis should not be normalized, or communicated as a cultural medicine. It is critical to allow legal cannabis retailers to conduct research on their products – to understand its effects on the mind, or on any particular ailment – and work with consumers to educate them on the effects of any particular product.

The cannabis retailers of the Wahnapitae First Nation need a clear direction on the future of the cannabis industry in the First Nation; without this direction, it is impossible for the industry to grow, engage with the community, and establish itself as a positive and active part of the First Nation’s economy and community.

The retailers should work with partners in other regions of the province to establish testing and inspection standards, and make these standards available to consumers and government partners.

The governments of Ontario and Canada need to outline clear directions for the future of the Indigenous Cannabis Industry in Canada – this includes outlining structures that will allow indigenous communities to self-govern their cannabis industries, and outlines the limits of provincial jurisdiction over cannabis on indigenous territory; outlining a framework for indigenous taxation and revenue generating for the sale of cannabis products on-reserve; and outlining a framework for indigenous participation in the revenue sharing mechanisms for tax revenue from the sale of cannabis products off-reserve.

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L – Identification for Further Studies The legalization of cannabis in Canada is one of the most ambitious social policy undertakings in recent history, with government and academics across the country and abroad closely studying the impacts of the policy on the country. Some of these researchers are exploring the approach to legalization, and how it might be replicated in their own countries – Canada is truly a global guinea pig when it comes to the use of cannabis; while other countries have decriminalized the drug, none have legalized and established an entire recreational cannabis industry in such a manner. As a result, there are going to be gaps in our knowledge, understanding, and appreciation of the cannabis industry, its impacts, and the opportunities that might exist. There are some gaps in information that area already identified, that should be explored by governments, retailers, and academia.

The impacts of the cannabis industry on indigenous communities is still not entirely understood, and many communities have yet to have the opportunity to discuss cannabis with their members. The governments of Canada and Ontario failed to adequately consult with indigenous communities on the implementation of the Cannabis Act, and did not ensure that the rights of indigenous communities were considered, nor how a community might participate in the growing cannabis industry. There is a need to consult with indigenous leaders and communities-at-large to understand the varied views on cannabis, and establish a framework where each community can engage with the industry at a level that is reflective of their needs and values – from prohibition to full establishment of a sovereign indigenous cannabis industry.

There must also be research, consultation, and development in coordination with indigenous communities to develop a framework for economic development from the participation in the cannabis industry; and to develop progressive revenue generating systems for sales of cannabis on-reserve, and revenuesharing systems for sales of cannabis off-reserve. This will naturally allow the space for research into the development of indigenous businesses, an indigenous cannabis industry, and the engagement between indigenous and non-indigenous businesses within this industry.

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As the cannabis industry grows across Canada, there will be opportunities for indigenous and non-indigenous cannabis-related businesses to cooperate on various projects – that might even extend across provincial borders. There must be research into the flexibility of indigenous businesses to work regardless of provincial jurisdiction, and to establish frameworks that would allow and encourage development and innovation between indigenous businesses in the cannabis industry – or in other industries, more generally.

Lastly, but most importantly, there must be further study into the legislative framework that will allow indigenous self-regulated cannabis industries to flourish within this new economic sphere in Canada. The Cannabis Act and subsequent provincial and territorial policies have failed to consider the needs, realities, and economic interests of indigenous communities – and their willingness and proven ability to participate in the cannabis industry. These grey areas limit indigenous-run cannabis businesses, as it creates uncertainty within indigenous governments and regional law enforcement agencies over the various regulations and jurisdictions at play. It must be made clear how indigenous governments can license and regulate cannabis-related businesses within their territories; and how those businesses might participate actively in the development of their communities.

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M – Conclusion and Recommendations The cannabis businesses in Wahnapitae First Nation have The cannabis businesses in been pioneers in the Wahnapitae First Nation have been establishment of an indigenous pioneers in the establishment of an cannabis industry in the central indigenous cannabis industry in the region around Sudbury. The central region around Sudbury. The retailers have been willing to work retailers have been willing to work closely with community leadership closely with community leadership to to establish a model for cannabis establish a model for cannabis governance in Wahnapitae that is governance in Wahnapitae that is reflective of the needs and values reflective of the needs and values of of the community’s members. The the community’s members. retailers hope that the leadership of Wahnapitae will establish regulations in the community that protects the health and safety of members, and are established in cooperation with the retailers. Cannabis retailers in Wahnapitae hope that the community’s leadership remain open to the opportunities presented by the establishment of cannabis-related businesses in their community, and hope that they will be able to resume operations in the near future.

The cannabis industry in Wahnapitae represents an incredible opportunity for business growth and community development. Retailers are interested in working closely with the community to build businesses that create jobs for members, and would provide an important revenue generating opportunity for the community government. The establishment of a legitimate cannabis industry allows for retailers to work with police to curb illegal activities; including protections for community spaces, and investing in digital signs to address speeding concerns. Wahnapitae First Nation has the ability to design a cannabis industry that is entirely within their control, and that is governed by rules and regulations set by the First Nation – and the cannabis retailers of Wahnapitae are willing to work with members and community leadership to design this system. The legitimization of the cannabis industry in Wahnapitae will not only allow for the protection of the community and its members, but for the active participation of the community within a multi-billion dollar industry – and the benefits that might come as a result.

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The economic impact in the community, which includes spin-off businesses is already apparent; and it is evident that mainstream consumers are willing to drive fair distances for quality cannabis from an indigenous business. Retailers have already been able to provide input into a Chiefs of Ontario Cannabis Resolution that will be formulated in more detail in the coming weeks. The immediate next step for the cannabis industry in Wahnapitae, and for indigenous-run cannabis businesses across Canada, is to work with the federal government to ensure that the cannabis framework outlines that on-reserve dispensaries are legal, which means outlining that the provinces have no input on regulations or enforcement – and establishing a framework for indigenousimplemented cannabis regulations.

Indigenous communities across Canada are interested, eager, and capable of getting their hands dirty and building an indigenous cannabis industry to serve all Canadians, build financial capacity within their communities, and increase economic and employment opportunities for their members. Wahnapitae’s leadership in the cannabis industry serves as a model as to how indigenous-run cannabis businesses can thrive, even when there are mainstream cannabis dispensaries nearby – sometimes, the service is worth the trip.

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Recommendations: ●

That the Wahnapitae First Nation engage with cannabis retailers in the community, and with community members about the opinions and opportunities surrounding the cannabis industry in the community;

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That the Wahnapitae First Nation Band Council pass a resolution outlining the First Nation’s cannabis governance policy in cooperation with community cannabis retailers;

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That the cannabis retailers in Wahnapitae establish the framework for supporting community initiatives and programming in cooperation with the Wahnapitae First Nation; That the Wahnapitae First Nation and the cannabis retailers of Wahnapitae explore the development of a cannabis-friendly business area removed from the residential core of the community; and

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That the Wahnapitae First Nation and the cannabis retailers of Wahnapitae pressure Ontario and Canada to outline the legal framework for the indigenous cannabis industry in Canada.

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Appendix A – Legal opinion by First Nation lawyer Murray Marshall of Kahnawake Canada has adopted and committed to implementing the principles of The United Nations Declaration on the Rights of Indigenous Peoples, which includes: Article 3 Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 5 Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

With regard to cannabis, Canada has the authority and the duty to consult and make agreements with First Nations to define each party’s roles and responsibilities in the cannabis industry.

The existing legislation provides openings for Canada to engage with First Nations regarding cannabis: Cannabis Act, (S.C. 2018, c. 16) does not prohibit Canada from consulting and making agreements with First Nations.

Sections 59 and 60 of the Cannabis Act provide for the Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authority or any agent or mandatary of any such authority. The subject matter of the agreements is limited but provides an example that could be used for other agreements.

Section 7 of the Cannabis Regulations, SOR/2018-144, defines “local government” as including First Nations—although for limited purposes.

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The First Nations Tax Commission has proposed that the Cannabis Act be amended to provide for First Nation regulatory powers for cannabis tax and ensure regulations are coordinated efficiently and potentially harmonized with other governments: https://fntc.ca/en/first-nation-cannabis-jurisdiction/

In order to move forward on First Nation inclusion, the following actions are recommended: a. Create a table at which Federal and First Nations participants can discuss and define the features of an appropriate model for the First Nations to participate in, and benefit from, the cannabis industry. b. Acknowledge First Nations’ authority to regulate commercial activities on their lands. c. Harmonize First Nations’ regulations, testing and standards with Cannabis Act and Health Canada requirements. d. Provide for grandfathering into the model the operations of existing cannabis retail operations on First Nations lands. e. Create implementable solutions that will address: o Health and safety o Licensing for on-reserve retail outlets o Regulations, testing, standards o Fees and taxes

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Appendix B – All Ontario Chiefs Conference Cannabis Resolution (2019) ALL ONTARIO CHIEFS CONFERENCE JUNE 11-13, 2019 Sault Ste Marie, ON

RESOLUTION 28/19

SUBJECT:

SUPPORT FOR FIRST NATIONS SELF-DETERMINED RIGHT TO GOVERN THE CULTIVATION, PROCESSING AND RETAIL OF CANNABIS

MOVER:

Chief Edward Boulrice, Thessalon First Nation

SECONDER:

Chief Paul Syrette, Garden River First Nation

DECISION:

Carried Abstentions (2) : Bernadine Francis, Proxy, Wikwemikoong First Nation; Chief Roger Thomas, Munsee-Delaware First Nation

WHEREAS: 1. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) states that Indigenous Peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, economic development, employment, vocational training and retraining, housing, sanitation, health and social security;

2. On October 17, 2018, the federal government passed legislation to legalize the sale of Cannabis. There was little or no community consultation by the federal government and there are still no provisions in the legislation which address First Nation social and cultural needs, and rights to economic development, health and public safety;

3. As a result of the federal government’s commitment to Reconciliation and Respect of First Nation through their adoption of the UNDRIP, economic reconciliation must include the meaningful development of a First Nation cannabis jurisdiction;

4. Opportunities exist for First Nation communities in Ontario to become safely and responsibly involved in the industry;

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5. First Nation communities exploring opportunities in the cannabis industry may consider following Health Canada regulations as well as provincial retail regulations. First Nation communities also have the opportunity and the jurisdiction to establish their own laws and regulations;

6. First Nations must have their autonomy and authority recognized as rights holders at the table as governments when asserting their interests in the cannabis sector.

THEREFORE BE IT RESOLVED that we, the Chiefs in Assembly:

1. Assert and exercise complete jurisdiction over cannabis.

2. Assert that each First Nation has jurisdiction to govern all cannabis operations in our own territories, including, but not limited to, the regulation of the growth, processing and sale of cannabis and in all its derivatives.

3. Assert that each First Nation’s regulatory systems must be recognized within our territories and urge the provincial and federal governments to eliminate barriers and to cease interference that would impede nation to nation trade and commerce.

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