Committee Calls for More Indigenous Cannabis Licences

The Senate Committee on Indigenous Peoples calls for more Indigenous cannabis licences. It said that First Nations were left out of the cannabis framework from the start. Now is the time to fix that with the Cannabis Act review underway.

“In the spirit of reconciliation, the government must promote, rather than hinder, the full and equal participation of our people and communities in the economy,” said committee chair Senator Brian Francis. “It is disappointing to once again be forced to try to correct oversights that could have been prevented had the federal government listened to First Nations people from the beginning.”

Committee on Indigenous Peoples Puts Forward 13 Recommendations

Indigenous cannabis licences are not the only way to include First Nations in these economic opportunities. The committee put forward 13 recommendations:

1. That the Expert Panel engage in substantive consultations and propose solutions to the problems raised by Indigenous peoples related to legal jurisdiction, enforcement, equity and inclusion in the industry, and mental health and substance abuse and that funding be made available to Indigenous peoples during this process.
2. That the Minister of Health introduce legislation in Parliament to amend the Cannabis Act to permit First Nations to regulate the possession, sale and distribution of cannabis on their lands.
3. That the Government of Canada convene a meeting with First Nations, federal, provincial and territorial governments in the spirit of cooperation and collaboration to solve jurisdictional challenges to enable First Nations to exercise their rightful place in the cannabis marketplace.
4. That the Government of Canada, as it develops legislation related to First Nation policing, in collaboration with the provinces and the territories and First Nations governments, establish legislative mechanisms for the enforcement of band by-laws and other laws related to cannabis by all police services and to ensure that related offences can be investigated and prosecuted effectively.
5. That the Government of Canada furthermore ensure adequate funding is available to Indigenous communities for the policing and enforcement of band by-laws related to cannabis.
6. That the Royal Canadian Mounted Police provide dedicated space for First Nations police services to undertake Drug Recognition Expert Training and that Public Safety Canada provide additional funding to First Nations policing to support this work.
7. That Finance Canada work with First Nations to identify options for the development of an excise tax-sharing framework as part of its discussions on the fuel, alcohol, cannabis and tobacco tax.
8. That Finance Canada and Indigenous Services Canada work with First Nations communities to identify options for the establishment of a First Nation-led agency to support First Nations participation in the cannabis market.
9. That Health Canada and the Canada Revenue Agency work with Indigenous peoples and communities to undertake a review of their application processes for all cannabis-related licences and report the findings back to the committee by December 2023.
10. That Indigenous Services Canada cover cannabis for medical purposes under the Non-Insured Health Benefits Program.
11. That the Government of Canada work with cannabis producers to ensure the product is available for medical coverage under Indigenous Services Canada’s Non-Insured Health Benefits.
12. That Health Canada and Indigenous Services Canada work with Indigenous peoples and communities to establish and fund a research strategy on cannabis and its effects on Indigenous peoples and communities.
13. That Health Canada and Indigenous Services Canada provide funding for the development and update of Indigenous-led public health information on cannabis.

Fixing Indigenous Cannabis Licences Issue a Step Towards Reconciliation

Committee member Senator David Arnot indicated that fixing the Indigenous cannabis licences issue and other parts of the Cannabis Act would be part of Reconciliation.

“Once again, a government that says it is committed to building a renewed relationship with Indigenous Peoples based on the recognition of rights, respect, and partnership has failed to live up to its promise,” Senator Arnot said. “Once again, Indigenous Peoples have been excluded from participation in the economic prosperity of the country. And once again, little regard has been given to how our lives have been impacted.”

First Nation cannabis rules were uncertain from the start, including Indigenous cannabis licences. Many believe that cannabis excise taxes should have been split between federal and provincial governments. Others questioned how the provincial governments could oversee First Nation dispensaries at all.

It’s unclear what impact if any the above recommendations will have any impact on the Cannabis Act review. However, given this country’s move towards promoting and supporting Indigenous self-government, the hope is certainly that Indigenous cannabis licences and other economic opportunities be shared with this level of government, too.

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