SHE:KON/GREETINGS: q The Mohawks of the Bay of Quinte is located in eastern Ontario. q We are strongly united around our sovereignty as Mohawk peoples. q There are 32 dispensaries operating in Tyendinaga Prior to legalization in Canada we met with our community 1. regarding the development of our own Law Interim Cannabis Control Regulation – October 16, 2018 2. September 12, 2019 forum in community to discuss the 3. Cannabis Control Board and MBQ licencing regime. q There may be a Ratification Vote (TBD date) after months of in-community consultation on a Cannabis Control Law.
Cannabis in Tyendinaga Mohawk Territory
What we have heard q There have been several meetings held in the Mohawk Community Centre to discuss cannabis and cannabis operations (growth, sales, purchases) in the community. q June 5 th was the first meeting and MBQ committee are still meeting via a Committee and special forums to Sept. 12 th . q Primarily the discussions surround unity and advancing in a respectful, informed, healthy and beneficial way. q “Legal” cannabis as opposed to illicit, third party testing and regulating through our own licencing. q This is not an industry that is suitable for “self-regulation” by businesses – too much incentives and profit involved to keep out organized crime and bad practices.
Direction for made-in-MBQ solution q Concern that Mohawk culture will be overtaken by a drug culture (not supported by the longhouse, offensive to use healing names or traditional symbolism – cultural appropriation) q Need for education, including: conversations at home, realities of self-medicating, understanding the business, community workshop series, medical v. recreational q Policy (keep out unsafe practices, keep out organized crime, ensure the children/youth do not have access, protect our jurisdiction, keep door open for economic opportunities, do not invite in violence/bullying)
The Cannabis Control Law q WHEREAS this is a Community Law ra6fied by the members of the Mohawks of the Bay of Quinte, or the Mohawk People of Tyendinaga, hereinaFer “Tyendinagaro:non”, respec6ng the cul6va6on, processing, extrac6on, produc6on, distribu6on, and sale of cannabis within and from the lands and Territory governed by the Tyendinagaro:non; q AND WHEREAS several forums have taken place before and aFer the Interim Cannabis Control Regula6on was put in place, including specific stakeholder and general mee6ngs of the Tyendinagaro:non and the Tyendinaga Mohawk Council has revisited and revised this Cannabis Control Law in response to concerns, comments, and legal advice that balance the interests, rights and safety concerns of the community ; 5
Self-Regulation is Risky, First Nations regulation is more sound q Unless authorized by this regulatory framework, the cultivation, processing, extraction, production, distribution and sale of cannabis; or, any other related activity for a commercial purpose, within and from the Tyendinaga Mohawk Territory is prohibited. For greater certainty, a licence issued by a provincial or other regulatory authority outside the lands of the Tyendinaga Mohawk Territory has no validity within the Tyendinaga Mohawk Territory unless the licence holder has also been granted a licence of authorization under this Law. 6
Cannabis Control Board q The Tyendinaga Mohawk Cannabis Control Board will be established as an independent legal entity, empowered by and separate from the Tyendinaga Mohawk Council and the administration under the Tyendinaga Mohawk Council, and free from undue political and administrative influence. q Beyond the Law: the Chief and Council are ensuring that the Board has clear rules, fair processes, and the capacity to operate. 7
The federal Cannabis Act is not complete q No Consultation or Accommodation of MBQ’ s jurisdiction q First Nations have a strong interest in participat- ing in the economic opportunity q Cannabis Act has no social justice features – excluding those that fought for legalization to be the leaders in the new industry q Section 69 of the Cannabis Act should allow for First Nation jurisdiction and licencing not just provincial licencing of recreational cannabis. q 69 (1) A person may possess, sell or distribute cannabis if the person is authorized to sell cannabis under a provincial Act that contains the legislative measures referred to in subsection (3). 8
Managing Risk q Known risks for consumers who may be unaware of the “confectionary-like” products & dosing q People with slow metabolism that takes a long time to feel the “high” anticipated – more consumer information required to manage these known risks; q Board regulation- rules for edibles that must be complied with. q Children and youth – no access to these products and strongly discouraged from experimenting with them, MBQ will have a Schedule in their Law that outlines restricted areas for cannabis stores and cannabis use. 9
Illicit Cannabis and Organized Crime q Challenges to MBQ exercising jurisdiction over cannabis include how to enforce without an adequate police compliment q Police and community are concerned about criminality adjacent to the operation of some cannabis industry. Concerns related particularly the involvement of organized crime and who is actually supplying capital and cannabis supplies.
More Information Required for Safe Consumption
Jurisdictional Language example for the Cannabis Act 69.1 (1) If an Indigenous group, community or people intends to exercise its legislative authority in relation to cannabis control within their reserve lands or recognized territory, an Indigenous government, acting on behalf of that Indigenous group, community or people may give notice of that intention to the Minister and the government of each province in which the Indigenous group, community or people is located. (2) The Indigenous government may also request that the Minister and the government of each of those provinces enter into a coordination agreement with the Indigenous governing body in relation to the exercise of the legislative authority, respecting, among other things, (a) the provision of safeguards such as third-party testing facilities to ensure the safety, security and well-being of Indigenous peoples and recreational cannabis consumers; (b) support measures to enable the Indigenous government to exercise their regulatory capacity effectively; (c) fiscal arrangements, relating to the provision of control and enforcement measures, that are sustainable, community-based and consistent with the principle of self-determination and providing capacity to allow the Indigenous government to exercise the legislative authority effectively; and (d) any other coordination measure related to the effective exercise of control features of the legislative authority. 12
Questions? Chief R. Don Maracle, rdonm@mbq-tmt.org Sara Mainville, smainville@oktlaw.com
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