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Posts published in “Aboriginal Right”

Former National Chief joins Mohawk elder in taking a stand for the Indigenous right to an economy in Oshawa

Indigenous supporters of My Legacy cannabis dispensary engaged city officials at the launch of Market at 70 King in downtown Oshawa and secured a meeting with Oshawa Mayor Dan Carter. OSHAWA – Robert Fisher Tehonikonrathe is a Mohawk of the Tehanakarineh Bear Clan from Tyendinaga Mohawk Territory. In January of…

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.”

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

CAMPBELLTON, NB – On October 12th, 2023, Mi’kmaw fisherman Copy Caplin appeared in court to fight an attempt by Crown prosecutor Denis Lavoie to summarily dismiss his constitutional challenge as “manifestly frivolous.” Caplin, a Mi’kmaw man from Ugpi’ganjig Eel River Bar First Nation, has been fighting charges under the Fisheries Act for exercising his Aboriginal and treaty rights to fish for food. 

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…

Is the Indigenous cannabis industry under financial blockade from Canada?

While some Indigenous dispensary owners have had their accounts closed for years, there seems to have been a recent uptick in financial actions taken against Indigenous entrepreneurs, almost to the point of an economic embargo. Many of these actions have taken place against individuals living in territories where Band Councils have passed by-laws acknowledging the sovereign right of their residents to cultivate and sell cannabis and where referendums and surveys have shown community support for the cannabis industry.