By Timothy S. Donahue
Top Takeaways:
Jurisdiction dispute: Membertou First Nation says Nova Scotia and the RCMP have no authority to enforce cannabis laws on its lands.
Treaty rights claim: The resolution cites constitutional protections and asserts the community’s right to regulate tobacco and cannabis sales.
Rising tensions: The move follows a provincial directive to step up enforcement against alleged illegal cannabis operations.
An Indigenous government in Nova Scotia has passed a resolution affirming its authority to regulate tobacco and cannabis sales on its lands, increasing tensions with provincial officials and federal law enforcement over jurisdiction and enforcement powers.
The council of Cape Breton’s Membertou First Nation, led by Chief Terry Paul, issued a resolution stating that the provincial government and the Royal Canadian Mounted Police (RCMP) lack the authority to carry out enforcement operations within the community.
The document argues that Membertou has treaty-protected rights to self-governance under Canada’s Constitution and therefore has the authority to regulate the sale of cannabis and tobacco products within its territory.
According to the resolution, the province has attempted to “assert their unlawful authority” by using RCMP officers and provincial inspectors to conduct enforcement actions tied to what officials describe as illegal cannabis operations, according to media reports.
The dispute occurs amid a wider enforcement effort in Nova Scotia. In December, Attorney General Scott Armstrong issued a directive directing police agencies to ramp up enforcement against unlicensed cannabis businesses operating throughout the province.
The directive has triggered strong opposition from several Mi’kmaw leaders who argue that Indigenous governments have the authority to regulate commercial activity within their communities.
The dispute has already caused political fallout. At least one Mi’kmaw community has barred Nova Scotia Premier Tim Houston and several provincial ministers from entering its territory in protest of the enforcement strategy.
Armstrong acknowledged the disagreement with Membertou leadership but maintained the province’s position. “Chief Paul is a great leader, but we disagree on the cannabis issue,” Armstrong said in remarks last week.
Provincial officials and the RCMP did not immediately respond to requests for comment about the resolution. The conflict highlights ongoing jurisdictional questions surrounding tobacco, cannabis, and other regulated products on Indigenous lands across Canada.
