Canada: Amerindians want to sell cannabis without government approval

They invoke the «traditional pharmacopoeia» or the primacy of Aboriginal law over Canadian law. Several members of «First Nations» tribes, as Canada calls them, are defying the government. For several months now, they have been opening cannabis stores without having obtained a license, which is required to sell the plant.

«Here, the province of Saskatchewan no longer exists».», says Chief Ira McArthur, with Radio-Canada. He is the head of the Pheasant Rump Nakota. This tribe of around a hundred people lives on an Amerindian reserve in Saskatchewan, a rural province in central Canada. On his 5,500-hectare territory, he believes there is no longer any provincial or federal law. Native law takes precedence. This allows him to sell cannabis without any government stamp of approval.

And it's not the only one. A little further north, the tribes of Peepeekisis (700 people) and Muscowpetung (500 inhabitants) are doing the same. The latter has even published a law called Muscowpetung First Nations Cannabis Act, available on its website. In particular, it authorizes the opening of cannabis stores to those who have obtained a license from the Council, made up of tribal chiefs.

Native American income «considerably lower»

A little further west, in the province of British Columbia, another Native American is going one step further. Cory Brewer has opened a cannabis store outside his community's territory. To do so, he relies on the weight of tradition. This member of the Syilx nation relies in particular on the United Nations Declaration on the Rights of Indigenous Peoples, 2007, which stipulates that : « indigenous peoples have the right to their traditional pharmacopoeia and the right to preserve their medical practices».». That includes cannabis, for Cory Brewer.

For specialized lawyers, interviewed by Radio-Canada, This law applies to groups, not individuals. Moreover, even though it has come into force, Canada has not voted for the United Nations Declaration on the Rights of Indigenous Peoples. Neither have Australia or the United States. What these three countries have in common is the presence of peoples who were colonized and are now demanding greater recognition of their rights.

In Canada, in particular, the situation of the «First Nations» is very bad. An article by researchers published in the prestigious Canadian Encyclopedia even talks «of political and economic marginalization».» of these Amerindians. In particular, they suffer from «The unemployment rate is twice that of non-Aboriginal people. Consequence: «the median income of Aboriginals (18,962 $) is considerably lower than that of non-Aboriginals (27,097 $)». The four authors do, however, note one positive aspect: «aboriginal entrepreneurship is on the rise».». Including in the cannabis sector.