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Posts published in “Legal analysis”

Nova Scotia cannabis decision shuts down Aboriginal and Treaty Rights defence

From JFLLaw.ca By Sara Mainville, Isabel Klassen-Marshall, July 24th, 2024 On June 7th, the Provincial Court of Nova Scotia issued a decision in R. v. Marshall et al, decisively shutting down an Aboriginal and Treaty rights defense in a high-profile cannabis case under the Cannabis Act and the Excise Act  in the decision.[1] The defendants, who operated cannabis…

Halifax Regional Police trample on  Mi’kmaq Treaty Rights

In an interview with Dispensing Freedom, Mr. Durfee stated that when the Halifax Regional Police/RCMP – led by Detective Constable Jeffrey Seebold – raided Amu Leaf, the officers displayed significant “ignorance and racism” in their conduct. Durfee says that the officers “ripped all of our treaty materials off the walls and shredded them, tore down all our signage from the walls, and smashed all of our security cameras.”

Trial for First Nations unregulated cannabis stores could have larger impacts

From The Penticton Herald by Jaquelin St. Pierre January 24 2024 SUDBURY—Next week, the Ontario Superior Court will hear a precedent-setting case involving 10 First Nations defendants facing cannabis-related charges dating back to the early days of the legalization of recreational cannabis. Ontario made the substance legal on October 17,…

Indigenous Cannabis on the Rise

Indigenous Cannabis Industry Association CEO Mary Jane Oatman shares insights into the current tribal and Indigenous cannabis landscape, major opportunities including retail and nation-to-nation trade, plus challenges the organization is working to overcome. From Cannabis Business Times by Noelle Skodzinski December 19 2023 Approximately 11.7 million Americans identify as partially or entirely…

Indigenous cannabis entrepreneurs choose between government red tape and reserve ‘red markets’

From The Globe & Mail by Ryan Hook November 30 2023 On Alderville First Nation – a reserve south of Roseneath, Ont. – a dozen cannabis stores make up a short stretch of Highway 45, in what’s been dubbed “The Green Mile.” Since Canada legalized cannabis in 2018, the sector’s…

Former National Chief Del Riley to assist Mi’kmaw fisherman in New Brunswick constitutional challenge

Fisherman Cody Caplin is self-representing in a court battle over Mi’kmaq fishing rights; six days of trial are scheduled in December. CAMPBELLTON, NB – On October 12th, 2023, Mi’kmaw fisherman Cody Caplin appeared in court to fight an attempt by Crown prosecutor Denis Lavoie to summarily dismiss his constitutional challenge as “manifestly frivolous.”…

Quebec decision on Mohawk tobacco trade a ‘game-changing advancement’ in Aboriginal law, says lawyer

Court proposes new test to determine existence of Aboriginal right based on Indigenous legal system From Canadian Lawyer Mag by Aidan Macnab November 7 2023 A Quebec court has proposed a new test for determining the existence of an Aboriginal right based on whether the right was protected in the…

Aboriginal Legal Service urges NSW government to go further on “welcome” drug reforms

From National Indigenous Times by Giovanni Torre October 12 2023 The NSW/ACT Aboriginal Legal Service has welcomed the NSW government’s new drug legislation as “a welcome step towards sensible, fair and evidence-based drug policy”, and encouraged stronger reforms. On October 12 ALS noted the proposed diversion scheme relies on police…