RCMP cannabis raids violate treaty rights, say Mi'kmaw dispensary owners in N.S.

RCMP have laid dozens of charges against 21 people after raiding cannabis dispensaries they say have been operating illegally across Nova Scotia, including on four Mi'kmaw reserves, prompting a protest by advocates of Indigenous treaty rights.

Supt. Jason Popik said the months-long investigation targeted 13 sheds and homes this month in southern and western Nova Scotia and was the result of concerns that organized crime was involved.

"Organized crime is much larger than [these dispensaries] and they're exploiting those communities. They're exploiting the treaties that are in place," Popik, the district policing officer for southwest Nova Scotia, told reporters Tuesday.

The investigation, dubbed Project Highfield, netted more than 350 kilograms of cannabis products, unstamped tobacco, more than $16,000 in cash, 17 long guns and one handgun. The cannabis seized was worth about $1.25 million but could have been sold for more, said Popik.

While RCMP held a news conference in New Minas to display some of the seized items, a group of dispensary operators and supporters gathered on the sidewalk outside, waving flags and holding signs that said "Support Sovereign Trade Rights."

In Nova Scotia, cannabis can only be sold legally through the Nova Scotia Liquor Corporation, a Crown corporation. 

Cody Ward, a member of Sipekne'katik First Nation, said his Green Wolf Treaty Truckhouse on Gaspereau Lake, N.S., was among those raided. He said he operates a number of cannabis dispensaries and none of them are on reserve land.

"In our eyes, if it's legal and the Crown is going to sell it, then we have a right to sell it too, especially when it's going from our own soil and our own territory," Ward said in a recent interview. 

He said he relies on the Treaty of 1752 signed between a Mi'kmaw chief and the British governor of Nova Scotia that dealt with a number of issues, including trade.

Ward accused the RCMP officers of needlessly "destroying the property" inside the dispensary during the raid.

Matthew Currie, a member of Bear River First Nation, said his trading post and home were raided on Feb. 6. He said he had been in business for two months.

Some of his property was destroyed during the raid as well, said Currie.

Chris Googoo, a Millbrook First Nation band councillor and founder of the Micmac Rights Association, which has been highly critical of the raids, said there is a treaty right to sell cannabis through "truckhouses," a term referenced in the 1752 Treaty.

"The bigger issue here is that we have a treaty right to have a truckhouse, and these truckhouses are constitutionally protected on and off reserve," Googoo said in a recent interview. 

The question of whether Mi'kmaq have treaty rights to sell cannabis outside of federal and provincial regulations has never been fully adjudicated in Nova Scotia.

In one case last year, involving a number of dispensaries in Millbrook, a judge threw out a treaty right challenge at an early stage in the proceedings, but left open the door for a case built on a "stronger" foundation.

Popik said there are different perspectives on whether treaty rights are being violated, and it's up to the courts to handle that question. Officers consulted with the Public Prosecution Service of Canada before launching the investigation, he added.

"We wanted to make sure we had a good understanding of the law, understanding of the treaties, and that we were rightfully placed within our investigation so it could go to prosecution," Popik said.

Popik said cannabis crimes outweigh other drug crimes, including the sale and use of opiates and other narcotics, in most of the communities within his area of responsibility. People in the areas where the dispensaries are located don't like the operations, he said.

They have issues with people coming from off the reserve to go to these dispensaries, he said, and there are concerns about the weapons involved and the quality of the products being sold.

"We need to start having this type of action taking place because there are far too many dispensaries," said Popik.

Googoo said the Micmac Rights Association is implementing health and safety standards for cannabis sold by members of the group. All the products were tested and they encourage nation-to-nation trading, he said. 

"We as Indigenous people have a right to economy and to partake in … an equal economy," Googoo said.

Court appearances are expected to begin in June for the people charged in connection with the seizures in Kings, Lunenburg, Annapolis and Queens counties. RCMP said the 52 charges laid include unauthorized sale of cannabis and careless use of a firearm. 

RCMP said in a news release the investigation is ongoing and more arrests and charges are expected.