DISPENSING Spring 2020 FREEDOM Free the land, Free the people, Free the plant!

STANDING TOGETHER FOR INDIGENOUS JURISDICTION HOW A CONSTITUTIONAL CHALLENGE IS SPARKING A CANNABIS REVOLUTION NO-PIPELINE CANNABIS NOW AVAILABLE!

RESPECT INDIGENOUS SOVERIGNTY! $1 from every gram of No-Pipeline Weed sold is being donated to support Indigenous struggles against pipelines. Currently, the funds from this campaign are being donated to the Wet’suwet’en Hereditary Chiefs to aid in the defense of their territory from the RCMP and the CGL Pipeline. AT INDIGENOUS CANNABIS DISPENSARIES EVERYWHERE Get yours now! Find out more at www.no-pipelineweed.ca www.DISPENSINGFREEDOM.com Jan 2020 page 2! Table of Contents

4 Introduction 5 Rules of Mohawk Medicine 6 What you need to open an Indigenous cannabis store

Constitutional challenge meeting. 7 Bear Medicine is making traditional medicine accessible 9 Alderville’s cannabis oasis 11 Custom, convention and cannabis regulation 15 Raided dispensaries consider legal options 19 Lawyer and former RCMP officer push Canada’s rules

Did the Vikings grow cannabis on 23 Cannabis Control law open house a confusing failure Turtle Island? 29 Cannabis, matriarchial governance, and the Amikwa 32 Indigenous constitutional expert says shops legal 34 Indigeegrow helps people grow their business 36 Did the Vikings cultivate cannabis on Turtle Island? 40 Decolonizing cannabis: Interview with Francis Boots A new Indigenous cannabis 54 No raindrop feels responsible for the flood association is born.

www.DISPENSINGFREEDOM.com Fall 2018 page !3 INTRODUCTION Dispensing Freedom

Dispensing Freedom is the on healing people and healing the home and native land? How closely world’s largest online source of news earth. can Indigenous and non-Indigenous and information about the Indige- The Indigenous cannabis indus- people come together for mutual nous cannabis industry on Turtle try is the foundation for a wining benefit in a cannabis industry outside Island. OThis is a magazine about alternative to the Crown-corporate of corporate control? cannabis, medicine, and people try- monopolies. A mutually-beneficial These are questions which can ing to be free. It has been created in trading relationship between Canadi- only be answered in practice. Key to the aftermath of what will likely be an craft growers and producers and the building of this alliance is sharing Justin Trudeau’s greatest legislative Indigenous people could offer a real information and learning about each- accomplishment – the “legalizing” of opportunity for mutually beneficial other’s histories. cannabis. exchange and economic reconcilia- This magazine is just one small Unfortunately, rather then sim- tion. way to try and examine the growing ply decriminalizing a safe and pro- We know that the people who reality of Indigenous cannabis. foundly useful plant, Trudeau’s legal- have built this industry won’t go We invite you to get involved in ization is more accurately termed an away, especially given the sacrifices Dispensing Freedom. Call 613- or email unwanted Crown-corporate take- they have made to get this far. At this [email protected] to get over of a cannabis industry run by point it remains an open question in touch with us. common people using the plant to about how hard state authorities will supplement their income in an era of crack down on producers and retail- general economic decline. ers of so called “illicit” cannabis, and This magazine puts its focus on how they will react to the growing examining the relationship of In- Indigenous cannabis industry. digenous people to the cannabis What happens next is really up plant. We do this because we beleive to all of us. How strongly do we that the reality of Indigenous in- come together to defend those volvement in the cannabis industry is charged under the anti-cannabis laws the best means to defend and build a of Prohibition 2.0? Do we stand to- cannabis industry that is truly based gether to defend the sovereign rights of Indigenous people on this, their

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GET $5 OFF ANY PURCHASE OF $50 OR MORE DEALS, DISCOUNTS, GIVEAWAYS & MORE! Rules of Mohawk Medicine The following is a summary of some of the main rules governing Kanyen’keha:ka medicine, including cannabis products. Taken from Kanyen’kehá:ka Tsi niyonkwarihotens available at www.dustingoffthepath.com.

and to ask it assist us in healing continued reproduction and 1. Kanyen’kehá:ka (Mohawk) an individual or a particular ill- growth. We also transplant people have our own unique ness. We ask the “leader” of medicine plants to more benefi- medicinal practice and system that particular grouping of medi- cial environments and different of knowledge that we carry in cines. We speak to that leader locations to ensure their contin- our collective cultural con- and inform them of who we are, ued existence. Medicine plants sciousness. and what our intentions are. We like sweet flag, yellow lily, and say who we’re planning to pick burdock benefit from fire, so we it for, what sickness or ailment it burn marshes to encourage the 2. The particular rules con- will be used to treat, and in what medicines to grow back health- cerning the harvesting, making way it will be prepared. We say ily. and distributing of medicines do that to the group of medicines, not involve any kind of licensing and speak to the biggest one by system and do not involve pay- name. We introduce the people 8. Medicine people do not go ing a tax or levy to another hu- doing the harvesting and we out looking for sick people to man or human-created institu- ask the plants if they’ll offer heal. They wait for people to tion. some of their people as medi- ask them for medicine. Medi- cine the way our Onkwa- cine people are not to refuse sotk’owakenha (our great treatment to anyone – even 3. Bear Clan people have spe- grandparents who’ve passed) their worst enemy – if they cial responsibilities concerning instructed us to do. come seeking medicine they medicines. The Bear Clan was are obligated to help them. Not gifted with medicinal knowledge helping others may result in the to understand sickness and to 6. When we grow medicines medicines refusing to work for remedy it through plant medi- for specific purposes, we spiri- medicine people. cine. With that knowledge came tually explain to them what the responsibility to preserve we’re growing them for. We also our medical knowledge, add to speak to the soil and the water 9. Medicine people have an it, and to make it available to and all the other elements of obligation not to provide medi- those who are in need of it. creation. We put those words cines that will harm the recipi- into the tobacco that we burn ent. and thereby communicate our 4. All people are allowed to intentions to the rest of creation. grow, harvest, and trade medi- 10. Medicine is not offered for cines in keeping with the free, but is received in a mutual- Onkwehon:we relationship to 7. Our relationship to our med- ly beneficial exchange. This ex- Mother Earth. People of clans icines is reciprocal. We make change usually involves a gift of other than the Bear clan are not an offering of tobacco when we tobacco, an exchange of labour obligated to provide or ex- harvest medicines and we also or trade goods, and may include change medicines with others, help those medicines to have a a financial offering. Sometimes or to be actively involved in pre- place where they can thrive. We the person seeking medicine is serving and passing down med- ask the “leader” to ask its rela- unable to make an exchange at icinal knowledge. tives to volunteer themselves that time, and thus incurs an and to make themselves visible obligatory spiritual debt to the to us for harvesting. We don’t medicine person which will be 5. In approaching a plant as over-pick medicines, and we do paid when they’re well again or medicine, we are to intentionally what we can to make their world by their family at their ten day connect with the plant’s spirit, more hospitable to ensure their feast. A MESSAGE FROM THE NORTH SHORE ANISHINABEK CANNABIS ASSOCIATION What do you need to open an Indigenous cannabis dispensary?

Rights Framework – You need to be Promotions – To reach a larger clientele clear on the rights framework you and to provide information to your are using. You must be Indige- customers, media and promotional nous (an “Indian”) and be oper- materials such as signs, logos, ating outside of the Crown’s business cards, radio ads, let- system of corporate control terhead, websites, and a so- in order to exercise these cial media presence etc. are rights. Your rights stem necessary. Get in touch with from your people’s original your local Indigenous media and inherent “Aboriginal- expert, and see if they can rights” to the land with that help to build the tools you the Crown’s agents are re- need to promote your store. quired to uphold and protect in accordance with Sections Physical safety – Some 25 and 35 of the Constitution. thought needs to be put to your See the “Anishinabek medical security protocols and to deal with cannabis rights framework” on the the potential threat of organized crime NSACA website for more information. (including bikers and crooked cops), but also to show that you are taking your responsibili- Indian Land – You need to have a physical store/ ty to “do no harm” seriously. Most stores use a building located on Indian land (including “Crown video surveillance system, and on site security to Land”). Indian land is under the jurisdiction of In- ensure physical safety. dians, and as an Indian you have the inherent Aboriginal right to sustain yourself from that land Dealing with your Band Council – Despite wide- in accordance with both the custom and conven- spread Indigenous support for the cannabis indus- tion of your people and the Canadian Constitution. try, many Band Councils are implementing pro- vincial and federal policies that run roughshod Product to sell – You need cannabis products to over Indigenous rights and responsibilities. Band buy or sell. Although not necessary, it strengthens Councils have no jurisdiction over cannabis on your rights argument to be trading in medicinal reserves, and the self-organization of the people cannabis products created by yourself or other can provide an alternative. Indians. There are currently over 160 Indigenous cannabis dispensaries operating across Canada Point of sale systems – To ensure financial ac- on a sovereign basis – many of these shops pro- countability, quality control and inventory, a point duce their own line of cannabis products. of sale system is an import asset for shops. Even better are those POS systems that have been de- Employees – You will need to have workers who veloped by Indigenous cannabis businesses that know about cannabis. The North Shore Anishin- hold all data from POS systems in Indigenous ju- abek Cannabis Association is creating a hiring hall risdictions, free from Canadian control. so that Indigenous people looking for work in the cannabis industry can post their resumes and Unity – We can win by being united and working reach a wide number of potential employers. A together. Join the indigenous cannabis revolution number of Indigenous cannabis dispensaries offer at northshorecannabis.org and let’s work together free training courses for the staff of new stores. to heal our nations and exercise our sovereignty! FOR MORE INFORMATION AND TO JOIN THE NSACA VISIT WWW.NORTHSHORECANNABIS.ORG www.DISPENSINGFREEDOM.com Fall 2018 page !6 Bear Medicine is making traditional medicine accessible While no stranger to healing with cannabis, Bear Medicine is no “pot shop.” The store offers a wide range of holistic healing medicines grounded in Mohawk culture.

TYENDINAGA – Bear Medicine is lo- 19% THC. You can also access power- cated on busy Highway 2 as you drive ful medicinal hybrids like Peppermint into Tyendinaga Mohawk Territory from Kush which has a whopping 12% CBD Belleville, Ontario. The large LED sign and up to 25% THC. Whatever type of out front advertises CBD slushies and medicinal dried flower you are seeking, craft cannabis in bright neon colours. Bear Medicine has you covered. The crunch of gravel is constant as But what really makes Bear Medi- vehicles pull in and out of the spacious cine stand out is the friendly and parking lot that contains the Pot knowledgeable customer service of its Shoppe, a gas station, and the popular workers. Behind the counter most days Clone Kings garden centre. In the mid- is Robert, a member of the bear clan dle of the lot stands a grey trailer with a and health expert who can guide you bright orange door that matches the to the finest remedies available. Bear Medicine signs above it. Walking in you are greeted by rows The Bear Medicine logo incorpo- of display cases containing all sorts of rates the clan family insignia of smoking accessories such as pipes, Tehanakarineh (the dragging antlers) bongs and dab rigs. Bear Medicine one of the three Bear clans of the Mo- carries only the highest quality OG and hawk or Kanyen’kehá:ka people. As in Legendary Glass. The innovative de- many other Indigenous nations, mem- signs are eye catching and are sure to bers of the Bear clan have a special Tehonikonrathe, is often on hand at the store to spark discussion next time you light up responsibility for making medicine and offer his wealth of knowledge and experience. with your friends. providing healing to people in need. products contain only CBD or no Next to the displays there is a NOT YOUR TYPICAL cannabinoids at all. strange looking machine with all sorts of gauges and buttons and a large That is not to say that you won’t lever sticking out of the side, it looks “POT SHOP” find THC in the shop, as THC has been like a slot machine from hell. This is Unlike many other stores in Tyendi- shown to provide fast and effective Bear Medicine’s rosin press where cus- naga, Bear Medicine is not a “pot relief for nerve-damage and degenera- tomers can take their first step into the shop.” Instead, the store takes a holis- tive disorders such as MS and Parkin- world of extracts. Customers can buy tic approach to healing, and the walls sons. Bear Medicine offers an array of cannabis off the shelf or bring their of the shop are stocked with all manner high-potency extracts including hash, own to make their own rosin in min- of herbs and remedies – echinacea, oil and shatter to help you get that high utes. dandelion tincture and Old Man’s dose of THC to ease your symptoms. Beard to just name a few. There are Through their relationship with the But the cannabis containers on also a wide range of salves that are Clone King, Bear Medicine is able to their shelves are stocked with medici- specially formulated to treat various offer healthy clones with strong genet- nal strains like high-CBD Indicas such types of pain and skin conditions. ics to the casual or experienced grower as Charlotte’s Web or Afghan CBD. While Bear Medicine incorporates looking to make their medicine at Other strains have medicinal levels of cannabis into many of its products, it is home. THC like Black Water which tests at not a dispensary, and many of their

www.DISPENSINGFREEDOM.com Jan 2020 page 7! Behind the rosin press is the labo- ratory where Bear Medicine does all of their testing. In addition to testing all of their own cannabis products for their THC and CBD levels, customers and growers can come in and get their own product tested for a small fee. The test is non-destructive and you can get your product back when you’re done. All tests include CBD and THC potency as well as a visual mold check. If you’re a grower with several strains to test, batch discounts are available. As many people who are ill cannot tolerate smoking Bear Medicine offers a wide array of THC and/or CBD in- The 5403 Old Highway 2 Plaza is home to Bear Medicine, the Pot Shoppe and a gas station. fused edibles and beverages. There is a display case full of delicious hand- tomers make informed choices about craftspeople, these items are not sold made edible brownies and cookies the best products for their health for a profit. The customs and traditions based on classic and unique recipes needs. All products come with a tag of the Kanyen'kehà:ka are important to like Oreo Mint Brownies and Space that explains their uses, benefits and the owners of Bear Medicine and they Bars (marshmallow and peanut side effects. Cannabis is a medicine display their tradition with Mohawk art butter). like any other and it requires proper on the walls. A plaque next to the door The crowning gem of the shop sits dosing to be effective, staff are on proudly explains the responsibilities of behind the counter; a slushie machine. hand to advise first-time users on how the Bear Clan to provide medicine and This is no ordinary slushie machine; to begin using it to manage their symp- healing to the people. Committed to through research and trial and error the toms. The rule of thumb is to start out supporting Mohawk culture there is a experts at Bear Medicine have formu- low and slow and monitor your symp- collection box at the checkout to lated a potent cannabis-infused toms. spread the Mohawk language. slushie. These delicious refreshing Bear Medicine proudly offers a For more information about Bear beverages are available in pure CBD or number of traditional items available Medicine, visit them online at a 1:1 THC:CBD ratio. such as sweetgrass braids, booties www.bearmedicine.ca or stop by for a Information about cannabis is and horn rattles. While these items are visit at 5403 Old Hwy 2 in Tyendinaga posted around the shop to help cus- available for a nominal fee to pay the Mohawk Territory.

“Medicinal plants have been used in traditional health care systems since prehistoric times and are still the most important health care source for the vast majority of the population around the world. It is estimated that 70-80% of people worldwide rely on traditional herbal medicine to meet their primary health care needs. Globally, millions of people rely on medicinal plants not only for primary health care, but also for income generation and livelihood improvement. – Yadav Uprety et al., Journal of Ethnobiology and Ethnomedicine.

www.DISPENSINGFREEDOM.com Jan 2020 page 8! ALDERVILLE:

A cannabis oasis in a desert of Canadian regulatory confusion Even with legalization of state-approved cannabis, the Canadian cannabis industry is marred by uncertainty. Not so in Alderville.

With different regulations in One place where there is little confusion. By acting on its own place for each province and territory, such uncertainty is in Alderville First terms, and developing an actually no one is really sure how well the Nation. Nestled on the south shore existing, self-regulated system of In- “legal” cannabis regulations will mesh of Rice Lake, about a 30 minute digenous cannabis distribution, with reality. Health Canada is allow- drive from Cobourg, Ontario, this Alderville is demonstrating how the ing Licensed Producers to use 21 dif- Ojibway community of 1100 is in the cannabis industry can benefit both ferent types of pesticides in their forefront of a rapidly growing In- natives and non-natives – without growing process, and there are seri- digenous cannabis movement. government intervention – in a new ous concerns about the health rami- Every day hundreds – if not era of reconciliation with Indigenous fications of consuming LP cannabis, thousands – of visitors come to the peoples. especially for medical users. community to purchase cannabis In many ways, the development It is becoming increasingly evi- flower, extracts, oils, edibles, and of Alderville’s cannabis industry fol- dent that there will not be enough salves from the eight stores on Hwy lowed the contours established by non-black market cannabis to meet 45 that line Alderville’s aptly named the tobacco industry decades earlier. demand. And what will happen to “Green Mile”, or as some Ojibway In the 1990s, the native tobacco in- the small scale “black market” pro- speakers have taken to calling it, the dustry was booming. In nearby ducers that are being frozen out of “Mashkiki [Medicine] Trail”. Tyendinaga Mohawk Territory, a the legalized system but who hold so Alderville, like nearby Tyendina- number of tobacco-processing and much of the practical knowledge of ga Mohawk Territory, is a thriving – manufacturing sites were established, the industry? and rapidly growing – cannabis oasis and it wasn’t long before smoke in a desert of Canadian regulatory shops opened up in Alderville. In a

www.DISPENSINGFREEDOM.com Jan 2020 page 9! Members of the MRLCA gather for a meeting to discuss the regulation of the Alderville cannabis industry. context of government neglect and rolling out regulatory systems at the in full view of customers, so that the underfunding, native tobacco pro- Federal, Provincial and Municipal store’s quality-control processes vided a much needed alternative level, the issue of cannabis regulation could be evident to all. Childproof means for on-reserve economic de- on Indian reserves has been ignored, packaging was made mandatory for velopment. despite the pleas of Indian Act lead- all products leaving the store, and The OPP and RCMP attempted ers to be consulted. customers have been extensively in- to shut down the tobacco trade in As soon as it opened, Medicine formed about cannabis safety and Alderville, but despite their raids, Wheel took the path of transparent best practices. the industry grew and became an self-regulation to ensure that it As more stores opened up in accepted staple of reserve life. Twen- would operate with standards and Alderville, it became clear that hav- ty years later, when the Indigenous ing no system in place could leave cannabis dispensary movement sur- the industry open to the imposition faced, it built upon many of the same of outside oversight. Consequently, a trade networks of the tobacco indus- group of Alderville First Nation try. members involved in the cannabis Perhaps the most significant industry created their own system to aspect of the growth of Alderville’s regulate the industry. Named the cannabis industry is that it has oc- Mississauga of Rice Lake Cannabis curred without any involvement Association, the Association is open from Federal, Provincial, or Band to all members of Alderville First Council authorities. Nation who consume, grow, or sell cannabis. The Association has creat- With the lack of direction from ed its own bylaws and community Band Council, store owners have had standards to regulate the growth and to look elsewhere for regulatory sys- sale of cannabis on reserve and has tems to safeguard their industry. As chosen an executive. Medicine Wheel owner Rob Steven- Association documents are available at As Canada proceeds with its son put it, “we needed some kind of www.ricelakecannabis.org. framework that is responsive to the own labyrinthian legalization of people in our community and which procedures beyond those being pro- cannabis, the future is bright in can protect the industry and the in- posed in Canadian and US jurisdic- Alderville. The community is boom- terests of our people.” With Canadi- tions. Lab equipment was bought ing, and the foundations are being an politicians and police forces and installed in a glass-walled room, set for long term benefit.

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www.DISPENSINGFREEDOM.com Jan 2020 page 10! Custom, convention and cannabis regulation from a traditional perspective The following text is excerpted from a forthcoming book by Kanenhariyo entitled “Cannabis Regulation and Clan Governance.”

things. There’s this mystical non- vironmental rules, the ecological CUSTOMS AND sense from people who don’t under- rules, the economic rules that are all CONVENTIONS stand our cultural practices. They embedded in our culture. Cannabis rules and laws should will say things like, “you’re not sup- The rules say that everyone has follow the same format as our cus- posed to charge for medicine.” an equal right to access those fish. toms and usages in other parts of our But we charge for everything in No one is told they’re not allowed to economy. We shouldn’t start creating our culture as a beneficial exchange. have fish or that they have to go and new rules and new ways of making And there’s a payment. It’s not that fish. The only time that that could rules and systems that will make our we charge, it’s that we pay. It’s a mu- happen is when someone has broken way of life confusing. We have to tually beneficial relationship. It’s not the rules. When someone has broken maintain our continuity. Especially that you’re supposed to charge, it’s the rules, then the people can come since we’re saying we’re a sovereign that you’re supposed to pay. The one together and say you’re being hurtful people. We have a right to be inde- who’s accepting the payment isn’t to the fish population or harmful to pendent and to be our own unique supposed to be setting the price. It’s the people. Maybe you stole all the people, and we have to stay true to the one who pays based on their fish and hoarded them for yourself. who we are. We can’t be making honor and how much it is of value to And in that way the people could whole new systems that don’t fit our them. They want that person to be come together and address that is- culture. around to be able to provide that sue. I’m watching all these band product or service again, so they pay. councils making regulations, they’re WHO ENFORCES THE basically adopting European models CANNABIS AND FISHING RULES? for policy and governance and rules. Not all parts of Onkwehon:we They’re trying to mimic European We have a society where every- culture survived in all of our com- one is the police. How do you en- laws written by European lawyers. munities. In some of our sister That’s not following our laws. force the rules? You don’t let them communities, there’s different things get broken. If someone breaks the We already have the rules for that survived – certain songs and rules, you don’t tolerate it. You throw medicine. They already exist. Fully. dances or ceremonies. None of our them in the river. It depends how It’s just a matter of adding cannabis communities remembered every- much they don’t listen, and the peo- to that same set of rules and ap- thing, and none of our communities ple could enforce all the way to the plications. Now, because people are forget everything. None of them point that they evict the person from seeing the cannabis industry as an know it all. In Tyendinaga our fishing the nation – it could go all the way to opportunity to make some money, economy, and the rules and culture there. we’re looking at adding or imple- around it survived. Our relationship menting an aspect to our culture that to the fish can inform how we think The hardest problem is when we haven’t followed in a long time about cannabis. people come who don’t believe in our and that’s giving back to the group. rules or don’t care and then grab the When I think about our fishing European law to protect themselves For a long, long, time people were so culture, there are rules about it, and poor they couldn’t afford to do that so they can’t be punished, and the it’s not rules that are regulated by issue can’t be addressed. If you’re or they stopped doing it on a com- some kind of fishing police – it’s that munity-wide basis. acting up and you get thrown in the the people regulate it themselves river, you don’t call the police, you go People forget that there’s lots of because it’s the moral and ethical and sulk, you should be embarrassed. different ways in which we pay for rules associated with fishing. It’s en-

www.DISPENSINGFREEDOM.com Jan 2020 page 11! Or they take your spear away, or you were setting nets where they necessarily mean that you have a they take your nets and fish. fish and interrupting what they dispensary. I think we need to be looking were doing. They weren’t bothering In terms of cannabis rules and at the cannabis industry in the sim- anyone. law, we need to look at it from ilar way. There’s this talk about ‘oh, But there needs to be room for within our cultural framework. we’re only going to have a certain everyone so that we can make space Who’s allowed to grow corn? number of dispensaries.’ That’s for everyone to have the opportu- Everyone. Who’s allowed to cook contrary to our cultural practice. nity. If there’s not enough space we corn? Everyone. Who’s allowed to Everyone has equal rights to be need to meet together and figure eat corn? Everyone. Who’s allowed involved in the industry. If they where else we can fish. That kind of to sell corn? Everyone. Whose ge- want to do this with their industri- mentality needs to be applied to netics are they? Everyones. Nobody ousness then they have a right to do the cannabis industry. can capitalize to become owner of it. If they want to be a dispensary Even in the cases when you get genetics cause we all do it all to- owner then they can. No one has a to the point where people just don’t gether. right to interrupt that. If there’s have access to a particular land base somebody who wants to grow it that’s good for selling, there’s still TAXATION AND WEALTH then they can. opportunities to get involved. Just Who gets to be super rich and It’s a similar issue in terms of like in fishing. You might not have super poor? That’s a choice. It’s the collection of resources to sup- the physical ability or the tools to about how much initiative and en- port the people, if the road is the be able to get into the river, but you ergy and desire you want to put stream and the traffic that’s coming can still get fish down by the river. into it. Some people will go down is the fish coming up the river, then You can take some bags down to to the river and get three fish and in our way, you do things to make the river and ask. You could also be come home. Others will stay all the stream nicer and encourage some person like my grandmother. night and fish until morning. more fish to come. You make the My grandma never got in the river ecology thrive. You also help one to fish but her freezers were always We never taxed ourselves in another to harvest the fish in the full of fish. thousands of years of being here. But we do have some customs for river together. Our cannabis laws My grandmother would offer economic sharing and some redis- need to be thought about in that services and trade. She would offer tribution. You can’t say no if some- way. It should be a rule that you to clean your fish and in exchange one comes and asks you for food. should help one another to harvest she would be paid in fish. My But if someone chooses to starve and make sure that everyone has Grandma was super good at clean- themselves to death, that’s their what they need. Everyone should ing fish. Fast, no bones, everything choice. If someone wants to live in have the opportunity to sell to was trimmed, frozen, you just poverty that’s up to them. Unless people that want it. They should dropped it off and came back the they’re causing harm to you or have the opportunity to participate. next day. She got paid in fish. That someone else. Our custom is that There’s an issue that some loca- was her way. It was easy, you would you have full freedom unless you’re tions or fishing spots are better just come back the next day and it harming somebody else by what than others, and that’s true, so was done. My grandma always had you’re doing. there’s different ways in our culture fish in her freezer and fish for sale, that we address that. and she didn’t have a single fishing The question is, when does it Sometimes certain families or pole, spear or net. She had an ac- becomes a negative issue? That’s fishermen will have one specific cess point that she allowed people when the community needs to get spot that they know how to fish that didn’t have a spot to use and together and talk about things. But and they stick to it. They’ll know it she cleaned their fish. She partici- that’s a different thing, and just and learn it well, and they’ll pass it pated in the industry. means people need to get together to talk about their issues. on to the next one that they train There’s always a way to partici- and teach. That’s the old way of pate. People shouldn’t be complain- The ways that we set up our doing that. It’s not that they had a ing that only this one or that one laws and rules should be congruent permit or a license or even a deed, has a spot. There’s always a way. with our culture. It shouldn’t be be but everybody knows that ‘that’s Grow it. Make oils. Make signs. Do these authoritarian councils, groups where those Hill’s fish,’ and you things that support the industry. or committees. It’s not our way of don’t go setting nets over there. Get in the business of making dri- doing things. It’s not our organic And if you do, they might take your veways and fix up the parking lots. human family way of doing things. nets and cut them off. And they’d There’s lots of ways to participate It needs to be organized around the be in the right to do that because in a cannabis economy that doesn’t www.DISPENSINGFREEDOM.com Jan 2020 page 12! family, not a government institution When we’re talking about build- ple who just don’t know our cultural – family is as organic as trees. ing cannabis laws and frameworks practice. we’ve got to build them so they’re I feel like we have to bridge THE ROLE OF CUSTOM congruent with our customs and our those gaps. We have to find the solu- world view. There’s no sense in mak- tions for those things and then put Custom is about how you do it ing one congruent with what Euro- them into application, or we need to here. It’s our custom that the chil- peans expect it to be. We keep hear- create new ones, or create ones that dren and old people eat first. Then ing from European lawyers that we haven’t existed yet because we didn’t the people who didn’t cook, and then need our own laws in place or else have these problems in the past, not the cooks eat last. That’s our custom. Federal or Provincial law will apply. like this. A system that integrates our When someone’s going to die we But if we have our own customs, customary governance in a way that turn their bed to the west so they can then it’s racism for them to impose addresses our social needs of today fall asleep and die and leave with the their own. It’s not that we have a lack and the facts of colonization is our setting sun. of rules. We have a whole procedure best way forward. Customs have purpose and about how things are done, and I'm not a supporter of just saying meaning and they help society func- what’s appropriate and what isn’t. We go straight to the longhouses and tion. We’ve got a lot of these rules or need to be prepared to articulate our they’ll be the governing body, be- customs. And we have a reason for own rules and customs. We don’t cause they’ve become a religious why we do it the way we do it. When have to make one that looks like the body or a spiritual sort of entity. The an outsider comes and says they have Europeans. longhouses are struggling with the the right to fish, but they don’t know impacts of colonization as well, and the rules and customs for fishing, TRADITIONAL so there's a whole myriad of prob- they disrupt the ecosystems and the lems within them that have led to people’s systems. The same thing is GOVERNANCE the majority of the people not being true for cannabis. All our traditional government confident that they would be able to Each community needs to set up structures – at least what remnants govern in a manner that would be fair its own customs about how it’s going of it are left in the longhouse and and just. That’s the bigger issue. I to deal with cannabis. Maybe even confederacy – are so dysfunctional think people are afraid that they're each family. We have the right to do that I don’t think that in any of our going to be power mongers who will that because that’s our custom. It’s communities, could you just turn to take all the land and all the resources, our custom that everyone has free- the longhouse people and say, “Okay, like we've seen in the past. dom, and every community can do it you're in power, you're governing it The issue is whether we prop up the way that they want to. That’s why now.” And that it would turn out the Indian Act system and keep using each longhouse is a little different. okay. it with regulations and structures There’s been some fanatics run- So what it makes me think of that support that system of gover- ning around saying that we’re all the instead is that we need to look to our nance. Or we don’t build them for same. That we’re all Haudenosaunee. traditional governance structures and that. That’s new fanaticism, that’s not the systems. We need to build on our old So that’s why I think the clan old way. We don’t need to have laws laws and use our customs and con- system is the way to go. It is our orig- that are all the same. ventions to update and augment inal governing system. We need to In Kahnawake, cannabis is them such that our governance struc- tures address our needs today. have a strong policy within the clans banned with a moratorium and the about how we’re going to deal with Longhouse is saying they don’t sup- We have changed as a people and the fallout of the Indian Act system, port it. In Tyendinaga it’s Longhouse nation since colonization and since and allow there to be a place for our people running the industry and it’s the genocide that we've been put people who are seeking to return to huge. At Kanehsatake it’s a mixture through. We've got some new fac- our governance system. of attitudes. At Six Nations it’s al- tors. We've got a whole bunch of Whatever regulation and sys- most all longhouse people in the in- these people who don’t have clans, tems to structure the industry or dustry, but the Band Council is try- because Canada's tried to breed us make contributions needs to occur ing to monopolize it. So each com- away. So we've got mixed people and through the clans – the place or munity has the responsibility to fol- we've got people who don’t have the source where issues of governance low its own customs and to adapt language anymore. And we have peo- should be determined. new things to those customs.

Over 700 news articles covering the Indigenous Cannabis Industry on Turtle Island www.DISPENSINGFREEDOM.com Jan 2020 page 13! TESTIMONIAL Wes Elliott: Living Proof

The proof is in the pudding, as has been given a second they say – and the pudding, in this chance at life. case, is Wes Elliott, a 67 year-old man While there is no short- from Six Nations, whose prostate age of these success stories, cancer is now in remission, thanks he however, they’re often muf- says, to the use of cannabis and dan- fled. delion root. Inside many reserves, “The medical benefits are real” out-of-touch, self-interested says Wes, “I’m living proof.” Accord- band councils have stood in ing to him, a combination of CBD, an the way of entrepreneurs anti-inflammatory cannabinoid found looking for a way to better in cannabis, and dandelion root, their own health and overall which causes cancer cells to “commit living conditions. Interviewer Audrey Redman with Wes Elliott. suicide,” was the cause of his recov- “It seems it’s a right of ery. passage, if you open a dispensary (in Education is the necessary step While dandelion extracts have Six Nations), that you will be raided to remove those systemic barriers. long been used in traditional Indige- at least once,” Elliot says. Indeed, “It’s education, education, educa- nous and Chinese medicine as a way close to a dozen raids have been car- tion,” Elliott says. “That’s why I’m to treat cancer, the mainstream med- ried on half a dozen different dispen- here on the road. Information has to ical community is only now beginning saries that have opened on Six Na- be shared so other band councils can to catch up. tions. allow the industry to grow in other For Elliott, the combination of Mainstream media has also been communities,” Elliott insists. “Most these two plant extracts have been a main proponent of the status quo places do not have strong, good lead- “instrumental” in his recovery. He when it comes to cannabis, perpetu- ership. Unless you have that, you’re even has the documents to prove the ating the stigma around it and pre- just going to be spinning your “amazing" results, he says with the venting more research from coming wheels.” vigour and certainty of a man who out sooner.

266 York Road, Tyendinaga Mohawk Territory 613-707-1870 Raided Dispensary owners consider legal options Dispensary owners raided in Henvey Inlet, Wahnaptitae, Garden River and Aundek Omni Kaning gather with constitutional experts to prepare a challenge to Canada’s Cannabis Act.

Constitutional expert Del Riley, researcher Stacy Amikwabi, and lawyer Michael Swinwood present legal options at the Dec 16th meeting.

HENVEY INLET – A group about twenty participants to his of north shore Indigenous cannabis home and offered his knowledge – A BRIEF HISTORY dispensary owners and their sup- gathered through decades of effort – OF THE AMIKWA porters gathered at the home of to find the most effective way of In the Library of the Archives of Amikwa researcher and historian framing a constitutional challenge Canada there exists an account of Stacy Amikwabi on December 16th, that will assist Indigenous cannabis the creation of the Amikwa Nation. 2019 to discuss challenging ongoing dispensaries in operating according This version of the story was told by raids on cannabis dispensaries by to their sovereign rights. The focus Joseph Missabi in French River in uniting in a common constitutional of much of Amikwabi’s research is 1891 and is part of the Bell Papers challenge. Five out of the eight on the Amikwa or Beaver Nation collection. The legend goes that long cannabis dispensary owners who people who are the original title- ago, an elderly hunter named Nen- were present have been raided and holders to much of central Ontario abozhoo who lived in Animikie-We- are facing cannabis charges in court. and who have never entered into quet (Thunder Bay) got it in his After a traditional opening, treaty with the Crown. mind one day to hunt and kill Mani- Amikwabi welcomed the group of tou-amik, the Great Beaver.

www.DISPENSINGFREEDOM.com Jan 2020 page 15! The Great Beaver had created made up of Potowatomi, Odawa and 1854 and the Indian Protection Bill of his dam in what is now known as Ojibway people. As of 1701, the 1850. To assist with analyzing and Sault Ste. Marie. Nenabozhoo and Ojibway made up 50,000 members interpreting the impact of these doc- his wife hatched a plan to catch Man- of the Three Fires and were referred uments, two special guests were in itou-amik by surprise but they failed to as the Older Brother, the Po- attendance at the meeting – lawyer and the hunter killed his wife in towatomi and Odawa each had 5000 Michael Swinwood, and Del Riley, anger, her body turned to stone and members in the Confederacy, accord- the former leader of the National became the hill known as Gros Cap. ing to Donald L Fixico in the Mi- Indian Brotherhood, past president Manitou-amik escaped and fled up chigan Historical Review Vol. 20 No. of the Union of Ontario Indians, past the French River, where it is said that 2. chairman of the World Council of he created Recollet Falls with his feet The Three Fires Confederacy Indigenous Peoples, as well as the as he scuttled up the narrow river. sided with the British in order to former Chief of the Chippewa of the Nenabozhoo chased Manitou-amik fight the United States in the War of Thames. all along the French River, across 1812. Following the war, large por- Among Del Riley’s many contri- Manitoulin Island, up the Ottawa tions of the Three Fires confederacy butions, he co-authored and negoti- River and back down to the big is- were forced out of the US in 1830 ated Section 25 and Section 35 of the land in the river where he died and and settled on the North Shore of Canadian Constitution as the Presi- turned to stone like his wife, his body Lake Huron where the Amikwa held dent of the National Indian Brother- forming Mont Royal on Montreal the original title. By the time the hood. Section 35 is credited with Island. Robinson-Huron Treaty of 1850 was winning over 270 Aboriginal and This story has been passed down signed, many of the Amikwa had Treaty rights court cases, and was orally for generations. The Amikwa gone underground or been scattered recently used as a defense to have people took their name from the about and it was Potowatomi leaders charges withdrawn in a Constitu- Great Beaver and claimed the terri- who made the treaty with their allies tional Challenge against a cannabis tory outlined in legend; as far west as the British and not the Amikwa, who raid in Six Nations. Over the course Thunder Bay, as far South as Lake had previously been allied with the of a decade, Riley researched over Ontario, as far North as Ottawa and French. As Amikwabi understands it, 400 land claims, leading to 60 of out East to Montreal. the Potowatomi had only been in the them being resolved. A residential Stacy Amikwabi asked the group area for about 20 years and had no school survivor himself, Riley suc- “How many people recognize “Aki” as right to speak for or cede the lands of cessfully sued the government for “land” [several people raise their the Amikwa who had been on their compensation on behalf of himself hands] quite a few eh? It’s derivative lands since time immemorial. and his children. of a very old word, Akimik, I could The Amikwa have never ceded Michael Swinwood is an accom- show you on the New England coast- territory to the Crown and Canada plished Indigenous rights lawyer who line near Manhattan, it’s called has even tried to declare their nation has worked closely with a number of Akimik. Akimik stands for the idea “extinct” and changed people's names groups in order to exercise their sov- that the Great Beaver made all of to obscure Amikwa title to the land. ereignty. Unlike many other lawyers, this land, Beaver was the only one At the meeting, Stacy Amikwabi pro- Swinwood believes in the principles who could go under the flooded vided copies of family member’s of Indigenous governance and spiri- Earth and pile up the land. So when birth certificates and Status Cards tuality, and is not afraid to articulate you say “Aki” in reference to the land showing how the family name was those perspectives on his client’s be- you are honouring the Great Beaver.” changed to “McQuabbie” from half in court. Swinwood was a suc- Moreover, according to Amik- “Amikwabi.” Amikwabi believes that cessful defense attorney for years wabi, “The Great Beaver is the sub- the government has hid or erased before becoming disenchanted with stance of that entire nation, you’ll see numerous documents and treaties the legal profession and taking a 5 the totemic divisions underneath that concerned the Amikwa people year sabbatical, during which he which is a form of governance and and he has dedicated much of his life walked the Red Road, and worked you’ll see the issuance of wampum to tracking down any documentation with numerous Indigenous elders and the scenario of presents, which of the Amikwa he can find. across North and South America. He were the laws of that governance and returned to the legal profession at so it constituted us, it was a Consti- CONSTITUTIONAL AND the request of elder William Com- tution. With that Constitution and manda, who asked for his assistance those Original Titles we still exist LEGAL EXPERTS in advocating for a number of differ- here.” The two key documents relevant ent treaty rights cases. To the South of Amikwa territo- to the Constitutional Challenge be- Swinwood is currently assisting ry, the Three Fires Confederacy oc- ing raised as a result of raids on the three Henvey Inlet First Nation cupied much of what is now Ken- Indigenous cannabis shops in Henvey members charged under the Cannabis tucky, Illinois and Wisconsin, it was Inlet are the Rowan Proclamation of Act and has raised a constitutional www.DISPENSINGFREEDOM.com Jan 2020 page 16! challenge to the raids with the putting in the constitutional chal- as well as the common law, bearing in Courts. A constitutional question lenge we have four people now, we’ve mind the customs of the people and may be raised when a law passed by carved out this avenue. We have ex- the nature of the land.” This for Parliament violates an aspect of the amined where the flaws are in the Swinwood reflects the importance of Constitution Act. When the Trudeau case law. We see an opportunity to returning to the “laws, traditions and government passed the Cannabis bring about freedom through asser- customs of the Indigenous people” Act, they avoided consulting with tion of Original Title. This is an op- and their forms of traditional gover- First Nations so that Trudeau could portunity to create a traditional gov- nance. quickly pass the landmark legislation ernance structure.” Del Riley stressed the impor- in his first term as Prime Minister. tance of using the Constitution to The key sections that protect In- protect the Indigenous right to digenous rights in the Constitution cannabis. As he noted, “All of the Act are Section 25 which honours all wording in Sections 25 and 35 was previous agreements and treaties put together by First Nations people. such as the Royal Proclamation, and I had a very important job at the Section 35 which “recognizes and time and it was hard for me to get affirms” all “existing Aboriginal and everybody around the country inter- Treaty Rights” including the Rowan ested. I thought for sure the Consti- Proclamation and The Indian Pro- tution is going to be liberated back tection Bill. to Canada so I said ‘We had better Following an opening go around get on board’ but I always had in and introductions from those in at- mind that we can get protection if tendance including dispensary own- we’re in the highest law of the land. ers, medicine people and journalists It was very important to get that the meeting focused on two key doc- wording right so they couldn’t go uments relevant to the NSACA; The around us, and so they couldn’t trivi- Rowan Proclamation of 1854 and the alize our rights.” Indian Protection Bill of 1850. For a According to Riley, “Canada's fuller analysis of the Indian Protec- position is that they are sovereign, so tion Bill and the Rowan Proclama- they are telling all of us that the tion see the article in this issue enti- Clan totems represented at the 1701 Great Criminal Code of Canada is universal tled “Constitutional Question being Peace Treaty in Montreal. by virtue of Canadianism, so every raised in Henvey Inlet cannabis raids Canadian citizen is subject to the has major ramifications on the North According to Swinwood’s legal Criminal Code of Canada, that is the Shore.” strategy, ‘Original Title’ and tradi- bottom of their perspective. They tional governance are the key to the are saying you guys are criminals be- HOW TO PROCEED? whole issue. The constitutional chal- cause you are offending the Cannabis lenge is a way to establish ‘Original Act which is a Criminal Code of Stacy Amikwabi framed the dis- Title,’ and the manner in which the cussion around procedure and proto- Canada violation. End of story from case is brought and the involvement their position.” col saying “The Crown’s first line of of the Grandmothers establishes the Riley continued, “What they are defence is always procedure. So, importance of traditional gover- not realizing is that that is an as- what we are working on here today is nance. The Grandmothers have to sumption, since they assume us to be a process – How do we proceed? take the lead.” As Swinwood noted, Canadian citizens. In 1947 they cre- How do we join forces? How do we “When we had to make an applica- ated the Nationality Act, Britain align? How do we combat the issue tion in court for the hunters and brought that in here to make British before us?” fishermen, I had the traditional subjects Canadian subjects, and they Michael Swinwood noted simi- grandmothers do the affidavit, not did that through a law called jus soli larities in the cannabis issue and is- one of the accused, and we are now (of the soil) so if you are born ‘of the sues around hunting and fishing that shining the light on the traditional soil’ you automatically become a citi- he is already dealing with in the governance as being where we are zen.” courts. “In my hunting and fishing coming from.” As Riley was born in 1944 and case in North Bay, that constitution- Swinwood also stressed the im- never applied for citizenship, he is al challenge actually resembles this portance of the Tsilhqot’in decision still technically not a Canadian citi- one... In order to change these things of the Supreme Court. According to zen. As Stacy Amikwabi pointed out, there has to be a forum where it can Tsilhqot’in, the issue of Aboriginal “he was born before 1947, the im- be done. They raised the issue to a Right “must be approached from the plementation of the Nationality Act, level of argument in the court where perspective of the Aboriginal group we have that forum. We’re doing it, so there was a loophole where they www.DISPENSINGFREEDOM.com Jan 2020 page 17! couldn’t constitute him as a subject knew that if it remained undefined classified and defined under the In- of Britain. They closed the loophole there was only one group who could dian Act is very important and has when they amended the 1951 Indian define it and that’s First Nations. implications for the assertion of Act. They amended it by slipping jus What they were hoping is that Abo- their Rights and Title. For example soli in and handing out status cards, riginal and Treaty were very narrowly the term “First Nation” has no legal that’s when we first started getting defined in the St. Catharines Milling meaning according to Canada. status cards. When they did that case so they thought they had us Amikwabi said it is better to define they changed the identities of a lot beat that way, and I knew I had yourself as a sovereign Anishinaabe of families. And if you look under them beat on how you interpret it. person. “You are in unceded territo- the name at the bottom it says ‘is an So now it is open for interpretation ry and there is no such thing as a Indian within the meaning of the and only our people can interpret First Nation. It’s ‘Henvey Inlet First word of the Indian Act. So you carry it.” Nation’ or ‘Pikwakanagan First Na- this with the understanding that you When it comes to understand- tion.’ These are reserves and those get hunting and fishing privileges ing Aboriginal rights, Riley stressed reserves are not you. They may have and a tax exemption, it’s a duping, that “whatever you decided you had ended up in your territory, but they it’s an assumption, it doesn’t hold as your rights of your nation 1000 are not you. Who you are is an in- any legitimacy because now all of us years ago, that’s the rights you have herent, sovereign Anishinaabe per- people born after 1947 are consid- today.” Riley pointed out that as re- son, non-treaty, non-status, the sta- ered subjects of Britain beholden to cently as the end of the war of 1812, tus they put on you is imposed.” the laws of Canada and subject to Aboriginal people in this part of Amikwabi advised the store the Criminal Code of Canada.” what is now Canada had full sov- owners to join in Michael Swin- Amikwabi continued, “They say ereign rights and have never relin- wood’s constitutional challenge, but ‘Oh but we gave you the right to quished them. Riley also offered to also noted that the materials he has vote.’ Okay let's think about that act in the capacity of an expert wit- compiled through his research are vote that they gave us, the odds at ness in the court case, saying, “when open and available to bolster private this current time in Canada are 30 to you do have the opportunity, put me legal defences as well. “There are 1 against us, you and I could vote in there as an expert witness, they some options being offered here, until our faces are blue and we will can’t doubt my interpretation.” what we are offering is the opportu- never elect a leadership that is bene- nity for individuals in similar situa- ficial to us. Their position of law, REVIVING TRADITIONAL tions to join [the constitutional chal- jurisdiction and authority is all as- lenge]. If you feel in your personal sumed.” GOVERNANCE situation that you can empower your Amikwabi explained that. Swinwood proposed that the legal representation that is fine, but “Through Del’s work he gave us the only real solution was to bring elders if you want to join us I think that is right to “Aboriginal, Treaty or other together and revive traditional gov- the better option.” rights” in the Constitution. We want ernance. ‘We need to plan to bring The final portion of the meeting them to define that other, because the elders from all of your territories was a go-around with the dispensary we believe we fit into that mold of and form that traditional governance owners discussing their experiences “other” rights,” as Amikwa people. out of the matriarchy, the men and with police raids and government Riley described the history lead- the elders…. We can use the consti- persecution. In addition to the raids, ing up to the writing of the Charter, tutional challenge that we have cur- many of them found that they have and explained that Section 35 be- rently before the courts as a conduit been locked out of the Canadian came law through a quid pro quo through which we all come banking system, likely as a result of agreement with lead negotiator Jean together.” FINTRAC monitoring their ac- Chretien. “When it was originally As Stacy Amikwabi noted, many counts. going in we had this problem be- of the attendees are already linked The owners who had been raid- cause we never knew if Section 35 through tradition, bloodlines and ed expressed interest in joining with would ever get in there but it did at the clan system, although genera- Swinwood’s other three clients in the last second and it was only be- tions of colonial oppression have mounting a constitutional challenge. cause I had an office in England… suppressed this history and connec- Currently two dispensary owners Chretien pulled me aside and said tion. Through 20 years of research raided in Wahnapitae have joined we will let you have protection for Amikwabi has learned that many the case, as well as a dispensary Indians if you close your lobbying people in Northeastern Ontario who owner raided in Garden River. As officer over in England.” Riley identify as Ojibway or Algonquin are more individuals join the case it agreed, and Section 35 was added. actually Amikwa. stands to become a landmark case According to Riley, “We didn't Throughout the day Amikwabi for the indigenous cannabis want the government to define what talked about the importance of defi- industry. aboriginal and treaty rights were. We nition; how indigenous people are www.DISPENSINGFREEDOM.com Jan 2020 page 18! TYENDINAGA Lawyer and former RCMP ofcer push Canadian cannabis regulations on unwilling Mohawks The Mohawks of the Bay of Quinte Band Council is trying to assert Canadian law over sovereign Mohawk Territory by pushing for a Plebiscite over a “Cannabis Control Law” that some Mohawks warn will bring “civil war” and “as much carnage as has ever been done in our world.”

TYENDINAGA MOHAWK TERRITORY The latest draft of the Mohawks of the Bay of Quinte (MBQ) “Cannabis Control Law” was presented to a community meeting on September 12th, 2019. The elected Band Council’s draft law – which was only provided to community members at the opening of the meeting – was roundly condemned by Mohawks opposed to bringing in foreign laws to regulate their lands and industry and who warned the inevitable result of this approach would be conflict and vio- lence. Former RCMP Officer Larry Hay, and Lawyer Sara Mainville have been the two primary architects of the MBQ’s Cannabis Control Law and move to a plebiscite vote on November 16th.. The meeting was part of a process organized on behalf of the MBQ by former Couchiching FN Chief and An- former Tyendinaga Police Chief, OPP ishinaabe lawyer Sara Mainville, who LAWLESSNESS IN Officer, and RCMP Senior Investigator drafted the law and has worked for a Larry Hay, who now works in the pri- TYENDINAGA? number of First Nations who have ac- vate sector as a private investigator cepted Provincial regulation and the Following a lengthy overview of and independent military contractor. introduction of recreational cannabis how the new law would tie the Mohawk According to Hay’s LinkedIn profile, he dispensaries selling Crown cannabis on cannabis industry to the federal gov- is a 19 year veteran of the RCMP spe- their territory. ernment’s Cannabis Act through a cializing in drugs, undercover opera- comprehensive licensing regime, audi- tions, and investigations of organized Although the intent of the proposed ence members spent the next hour and crime. “Cannabis Control Law” is ostensibly to a half peppering Mainville with ques- “protect the commercial interests of the While the meeting was organized by tions critical of her framework. Her an- businesses for the licenses and the the Band Council, no speakers from the swers appeared to do little to address consumer interests of members, resi- Council made presentations or spoke their concerns or to resolve the funda- dents, and visitors to Tyendinaga,” as to why they supported this frame- mental issues that were raised. Mainville’s focus on the need to license work. Instead, the main speaker was every aspect of the industry in accor- According to a recording of the dance with Health Canada’s regulations event provided to the website Dispens- left many in attendance wondering if ing Freedom, one audience member FIND OUT MORE ABOUT THE the law was meant to help the people, described the process of “law making” or to hand control of the industry over as follows: MBQ’S CANNABIS LAW AT to Canadian government bureaucrats. WWW.NO-VOTE.CA

Over 700 news articles covering the Indigenous Cannabis Industry on Turtle Island

www.DISPENSINGFREEDOM.com Jan 2020 page 19! “So, we have an elected system that’s really an extension of the Federal government, that is proposing in this document to protect us from the Fed- eral government and the Provincial government. I would like to hear from you how you see the council being the ones in charge of this as a legitimate way of presenting it to the community, when they are part of the Federal enti- ty? They’re not really representing the people here. They’re representing the Indian Act and what they can do with the Indian Act.” Mainville tried to circumvent the question, acknowledging that while the “imposition of the Indian Act and…of a Chief and Council” are real issues to contend with, the “well-intentioned” Lawyer Sara Mainville with MBQ Chief Ron Maracle announcing their plans for the Cannabis Control nature of the Chief and Council were Law at the Aseembly of First Nations Cannabis Summit in Vancouver, Sept 4-5, 2019. paramount. “We know that there are things that people have never given up their right are happening here that shouldn’t be to live by them or surrendered them to OVERSIGHT BY THE happening, and there needs to be Canadian jurisdiction. CANNABIS CONTROL rules,” she said, calling Tyendinaga a The cannabis control law being “lawless community where nobody is BOARD proposed by Mainville and Hay would following the rules.” Mainville received ensure the complete submission of the Under Canada’s Crown cannabis push back on her comments about Mohawk cannabis industry to the rules framework, all “legal” cannabis can lawlessness, as one community mem- and regulations of Health Canada. only be produced by Licensed Produc- ber replied: While Mainville tried to downplay the ers (LPs), which, in turn, are licensed by “This place is not lawless. I grew up level of control the Canadian govern- Health Canada. Only they can produce here and there are a whole set of rules ment would have should this law be cannabis for sale to Crown Corpora- and laws that the people that grew up passed and enforced, she nevertheless tions, who are the only ones who retail- here live by that aren’t written down. made it clear that the chief concern ers are allowed to legally purchase their And this place is not lawless at all. And would be the issue of licensing. product from. even with operating in the cannabis “Everything and everyone involved That Health Canada has already industry, we all know that it’s not law- in the cultivation, processing, extrac- approved the use of over 90 different less. And it’s offensive to hear that. You tion, production and distribution of pesticides and herbicides in the pro- need to know that. Because I under- recreational and medical cannabis in duction of their cannabis is a deep stand you don’t, maybe you don’t see it Tyendinaga” she explained, “will be concern to many indigenous growers or can’t smell it, I don’t know. But I covered by this law. Those folks have and consumers. Because they have would. And I know that the people in to be licensed.” been operating outside of the confines this room that I’ve lived with, that I’ve of the Canadian government’s frame- seen either their children growing up or “If you are operating in an unli- work, Indigenous growers in Tyendina- I watched as I was a child growing up, censed way, you’re considered to be ga and elsewhere have been able to know these laws and rules and how working with illicit cannabis or black or prosper while offering their customers this stuff gets managed and taken care grey-market cannabis,” she said, refer- high quality pesticide-free product. of.” ring to the rules under Canada’s Cann- abis Act. “Well, it’s the same sort of Mainville explained that in building The laws the member was referring orientation that this regime will have the law “we started with Kahnawake’s to are the customs and conventions of within Tyendinaga.” Those operating law.” In Kahnawake, the Band Council the Mohawk people, many of which outside of the Cannabis Control Law in successfully imposed a moratorium on have been summarized in a document this way would face “compliance offi- cannabis and repeatedly raided the written by Bear Clan members available cers” and a “corrective system” en- shops that sold cannabis. Despite orig- at www.dustingoffthepath.com. These forced by the Canadian state, accord- inating the first Band Council law on laws are separate and distinct from the ing to Mainville. cannabis, no licensed retail stores or Canadian system, and the Mohawk

Over 700 news articles covering the Indigenous Cannabis Industry on Turtle Island www.DISPENSINGFREEDOM.com Jan 2020 page 20! operating hours of stores, the type of products, number of licenses, maxi- This “Tyendinaga Mo- mum amount of cannabis a store can sell in a given time to customer, poten- hawk Cannabis Control cy limits on cannabis, standards and Board” would run all testing procedures, may impose fines aspects of the cannabis up to $100,000 per breach; set up pro- cedures to “accurately track all industry at Tyendinaga cannabis sold by a cultivator, proces- and liaise “regularly and sor, distributor, and retail store” and “any other regulations required.” cooperate” with other jurisdictions and the A “LACK OF regulatory and law en- TRANSPARENCY AND forcement agencies of COMMUNICATION” Canada. This board is Another angle of community cri- also empowered “to en- tique concerned the lack of trans- parency and communication from the ter into an agreement team organized by Larry Hay to devel- on price and point of sale op the cannabis law. As one communi- cultivators have emerged in Kah- ty member noted: “I’m looking at this taxation arrangements nawake, and the Band Council’s much [27 page document] which was given to with the Ontario vaunted agreement with LP Canopy me about five minutes before we start- Growth recently fell through when the ed, which I find extremely frustrating. If Cannabis Store and the company backed out. you want to have a valid conversation Ministry of Finance.” Outside of harmonizing with Cana- with the community, then if you have a da’s Cannabis Act, much of the MBQ’s piece of paper, [it should be] given to law that we know full well doesn’t rep- proposed Cannabis Control Law would you ahead of time. Most of us are ex- resent an accurate picture of what it is be upheld by a special five person tremely busy with our lives and to be you want.” commission operating at “arm’s length” called to a meeting to have a conversa- from the MBQ. This body would be the tion for the very first time about this, That did not resolve the general one responsible for issuing the licens- which has been called a law, is very feeling of a lack of communication and es, scrutinizing the industry, and devel- frustrating to me.” transparency surrounding this process, oping further rules and regulations as In response, Mainville suggested as the community member replied: “so they see fit. The members of this board that the consultation process in Tyendi- there was this big race to get us in by are not allowed to have any personal or naga “has been happening, I think October 17, we did it on the eve of. familial ties to the cannabis industry, probably more comprehensively in your Now it’s almost a year later and we’re and must not have a criminal record community than in a lot of other com- not seeing communication, no one containing any indictable offenses. Two munities, which I think is a good thing.” knows what’s happening, we’re not of the members would be paid “profes- seeing things on websites, that kind of sional board members” and be ap- Further concerns were raised in thing… But we’re getting this and we’re pointed by the MBQ, while the other terms of the fact that “this is the sec- expected to read it. When is our next three would be elected in Band Council ond time we haven’t gotten the infor- chance to ask questions and answers elections. mation prior to a meeting so that we then if we’re not seeing regular meet- can properly be able to review it and ings, we’re not seeing regular commu- T h i s “ Ty e n d i n a g a M o h a w k have questions.” Larry Hay replied that nication?” Cannabis Control Board” would run all “this really was meant to be a delivery, aspects of the cannabis industry at a presentation. It wasn’t even going to Hay responded that “you will have Tyendinaga and liaise “regularly and be a Q&A. It was to say here you go, ample time to look through it, there will cooperate” with other jurisdictions and have a look at this. We’ll explain it. It be availability of the service offered up the regulatory and law enforcement wasn’t to have a debate about it through email. I’m around to try and agencies of Canada. This board is also today.” relay questions or try and make sure empowered “to enter into an agree- you understand.” ment on price and point of sale taxa- Hay explained that the last meeting tion arrangements with the Ontario of the committee drafting the law was Hay’s suggestions were not accept- Cannabis Store and the Ministry of Fi- held on July 31st, and that “since ed by one member of the Bear Clan nance.” Board meetings can be open March we really haven’t done a whole who pointed out that the traditional or closed to the public at the will of the lot with the community but there’s been people had not been consulted in this board. reasons for that. To be perfectly frank, discussion. “Historically, what I know is right up until now, like even this after- when this man comes, [pointing at Lar- The board is given full powers to noon, there was still some tweaking ry Hay] he’s trying to impose another create new categories of licenses, set going on in terms of the vision. So government’s will on us. That’s what I the price of licence fees, determine the there’s no point in putting out a draft know. Every time I see him, it’s another www.DISPENSINGFREEDOM.com Jan 2020 page 21! government’s will. And here, we aren’t actually doing. They’ll just take the Canadian… And we have the authority money and then kill us. They’ll just say “We set the rules for ultimately of that, because this land okay, well something needs to be done our own land. This is was handed to us, the traditional peo- because these people don’t have any- ple, not the MBQ. The MBQ did not thing. We have each other. We love not Canada. This is our exist at the time the Simcoe Deed was each other. When our community land.… This will be a written. This is our land, the people, not comes together and they need stuff, it’s MBQ. And we have not had any con- the people that own these businesses civil war that they sult or input into this draft of this law at that pay for it. They don’t need to be won’t tell you about, all.” asked. One of the greatest things is that there is no hunger here, there’s no because it’s the people The Bear Clan speaker further poverty. Anything that people need, stressed that the traditional people in they have it. That’s our community. that are here that have Tyendinaga operate according to their That’s us. The Mohawk people. That is own systems of rules and laws. “We to fight it. It’s for our not Canada. We don’t trust Canada, have one. It’s 117 Wampums under the never will…. We can’t trust a single kids who want to be Kayenerekowa that dictates how we word that is written in their language. conduct this business, how we con- able to make their own That’s what I wanted to say.” duct the gas industry, how we conduct rules and their own the cigarette industry. And we’ve been The meeting concluded with a challenged in the ‘70s on the gas, in statement from one of the Bear Clan laws. And what you're the ‘90s on the cigarettes by the Cana- people reminding the audience that the doing is helping the dian government. And they did not win. terms of the Simcoe Deed are what They’re trying again, once again to put matter concerning Canada’s relation- Federal government us into a taxable income bracket over ship to the Mohawks of Tyendinaga. split us.” something that they aren’t getting their “The words of the Simcoe Deed say money from us. That’s the only reason the land is given and granted unto the they want in on this. Let’s face it. Let’s C h i e f s , w a r r i o r s , look at the bottom line. They’re looking women, and people of at the dollar they’re missing out on. the said Six Nations They’re not looking at our wellbeing, and their heirs forever. our welfare, or our children’s inherent The land is granted to right to govern this land. They’re look- them and their heirs ing at themselves.” forever, freely and clearly of and from all To this comment, Mainville simply matters of rents, fines replied “I hear you, but I’m not here to and services whatso- respond.” ever to be rendered by Another traditional person warned them the said Chiefs, of the violence and trouble that the Warriors and people of passing of this law would bring to the said Six Nations to Tyendinaga. “We set the rules for our use or our successors own land. This is not Canada. This is to the same, and free our land.… Now when you think about of and from all condi- this, when you go home and [this law] tions, stipulations, and passes, there are people in this com- agreements whatever munity that will fight to the death. They except as hereinafter will bring blood, they will bring as much by us expressed and carnage as has ever been done in our declared.” world. This will be a civil war that they Larry Hay, Coun- won’t tell you about, because it’s the cilor Stacia Loft, and people that are here that have to fight Chief Donald Maracle it. It’s for our kids who want to be able declined to comment to make their own rules and their own for this story. Sara laws. And what you’re doing is helping Mainville was asked for the Federal government split us. But comment but did not right now, Canada won’t move in on respond. Tyendinaga. And when they do, they’ll have a fight. That’s what makes us Sovereign.” The speaker further war ned Mainville that “if you want to push that onto our people and try to split them, I The document Dusting off the Path, available at www.dustingoffthepath.com want you to think about what you’re outlines the Mohawk alternative to Canada’s cannabis control laws.

www.DISPENSINGFREEDOM.com Jan 2020 page 22! Cannabis Control Law Open House a “confusing failure”

TYENDINAGA MOHAWK TERRITORY presented on September 12th. One T h e M o h a w k s o f t h e B a y o f WHAT’S IN THE MBQ’S obvious difference is the change to Quinte (MBQ) Elected Band Council CANNABIS CONTROL LAW? using terms not commonly used to held the first of two scheduled “open describe Mohawk people or their insti- According to the MBQ law, all house” meetings at the Mohawk Com- tutions in Tyendinaga. The term “Tyend- cannabis operations involving cultiva- munity Centre on Tuesday, Oct 22nd. inagaro:non” is used to describe mem- tion, processing, extraction, produc- The gathering was attended by about bers of the MBQ, and the MBQ is eu- tion, distribution and retail of cannabis 30 people, but the Chief and Council phemistically called the “Tyendinaga must be licensed by the MBQ accord- members present faced a steady Mohawk Council”. The effect of using ing to regulations that are harmonized stream of criticism from community these terms is to conflate and confuse with Canada’s Cannabis Act. Those members unhappy with their decision the traditional governance structures of with criminal records containing in- to bring the MBQ’s “Cannabis Control the Kanyen’keha:ka (Mohawk) people dictable offenses will be prohibited Law” to a plebiscite. At previous com- with the seperate Indian Act system from participation in the industry. munity meetings, including one held on through which the MBQ operates. Sept 12th, the MBQ Cannabis Control The cannabis plant itself would also Sara Mainville and members of Law faced near-unanimous opposition be prohibited on the territory, and only Chief and Council were sitting at a and criticism from the people of Tyend- be allowed if “the cannabis has been nearby table to greet community mem- inaga Mohawk Territory in attendance. acquired from a licensed retailer or bers and answer questions. In the cen- from a facility that is licensed by Health The MBQ’s original draft cannabis tre of the room were presentation Canada; and the total amount pos- control law – passed through Band boards with sections of the proposed sessed at any given time does not ex- Council Resolution on Oct 17th, 2018 – law posted on them. However, there ceed limits found in Canada’s Cannabis was nearly identical to the one devel- were no scheduled speakers and no Act.” oped for Kahnawake by Murray Mar- opportunities for collective dialogue or shall, lawyer for the Mohawk Council of When it comes to cultivation, the decision making at the event. Chief Kahnawake (MCK). Marshall estab- law stipulates that all growers must Donald Maracle, Councillor Stacia Loft lished the Legal Services department of have “a valid Standard Cultivation Li- and lawyer Sara Mainville spoke to the MCK in the 1990’s and has drafted cence or Micro-cultivation License from scattered groups at various points, but numerous laws for the MCK including Health Canada.” Furthermore, “No per- there was never a sustained discussion the Kahnawake Gaming Law Kah- son is eligible to apply for or hold a or debate of specific points of the law. nawake Alcoholic Beverages Control Standard Cultivation Licence, a Micro- Law, Kahnawake Membership Law, cultivation Licence, a Standard Pro- A number of people arriving at the Kahnawake Peacekeepers Law and the cessing or a Micro-processing Licence meeting were confused about the for- Kahnawake Cannabis Control Law. unless the facility from which opera- mat of the evening. “Who are the tions are intended to be conducted has speakers?” one person asked “There The more recent version of the been inspected, certified and licenced are none, this is just an open house” MBQ cannabis control law has been by the health and safety authorities was the response. augmented by Sara Mainville, a lawyer designated by the Board, which may and partner at Olthuis Kleer Town- One prominent dispensary owner, include Health Canada officials.” shend and a former Indian Act Chief was unimpressed with the event and by of Couchiching First Nation. Mainville In short, the MBQ’s proposed the way in which the consultation had has been advising Indian Act Band Cannabis Control Law would place the been undertaken. Reflecting on the Councils in the cannabis sector for Tyendinaga cannabis industry under small turn out at the gathering, he said several years, and has advised a num- the full control and regulation of Health “Look who’s not here. There’s only ber of First Nations that have opted to Canada. three or four dispensary owners, utilize the Province’s licensing scheme where’s the other 30?” He added, “The and who are now seeking to operate fact that they aren’t here shows that Provincially licensed dispensaries on CONFUSION AT THE they’re not interested, that they are not reserve. The other main actor for the “OPEN HOUSE” being engaged, and that this process is MBQ on the cannabis file is Larry Hay, a confusing failure.” a former Senior Investigator and 19 As guests entered the October 22nd “Open House” they were able to The owner concluded, “They’re year veteran of the RCMP who was circumventing our sovereign rights. Our formerly a Tyendinaga Police Chief un- pick up copies of The Tyendinaga Mo- h a w k C a n n a b i s C o n t r o l L a w businesses, including mine, are already der the OPP and who has been leading meeting and exceeding [Canada’s] the “community engagement” around v8.0, which differed in some ways from the earlier version of the law that was standards and regulations.” He went on the MBQ’s Cannabis Control Law. to say “We’ve been operating for five

www.DISPENSINGFREEDOM.com Jan 2020 page 23! years, and other businesses have been operating, so we know what we’re do- ing.” Another Mohawk man addressed council members present and said, “Why do you guys want to do this when all the stores are saying we don’t want to do it? You are going to vote on this thing that the stores don’t want, the stores are willing to fight for this stuff. Don’t make it a fight, if you want to make it a fight, make it a fight be- tween Canada and us, not us and us.” One Bear Clan member questioned why the council had hired Larry Hay, a 19 year veteran of the RCMP who is still active as a private investigator. “Why would you hire a police agent if you were seeking community input?” At various other “consultations” and “community meetings” organized by Hay, active duty police officers attend- ed and took notes on the proceedings, a practice counter to open discussion The titlle page of Lawyer Sara Mainville’s PowerPoint presentation. The title and date of the slide is incorrect as there was no community forum on Oct 22nd, only an open house with no presentations. and communication amongst Mohawk people. DRIP. As Mohawks we can do this on “Let’s have basic principles we can Speaking of the cannabis industry, our own without including or involving all agree on, let’s establish that and a community member insisted that the Indian Act or the Canadian State’s then more forward” another suggest- Mohawks have the right to participate legal systems.” ed. “You need to postpone that in it with or without Indian Affairs or plebiscite, and rename it while you’re Canada’s blessings. “We have the right Currently, no other businesses in the at it.” to develop all aspects of our own territory – including cigarette shops, cannabis industry, staying within the At the end of the Open House, gas stations, and restaurants – allow confines of our own cultural and politi- Lawyer Sara Mainville asked Chief and outside Canadian inspectors to come cal paradigm. This is exactly what Council if they had a mailing list for all in and examine their products or Canada agreed to when signing UN- Band Members so that a greater turn books. Nor do they pay tax or a licens- out could be arranged for the next ing fee to the MBQ, a creation of the Open House on Sunday. Indian Act. “Currently, no other The MBQ’s plebiscite is scheduled Further concerns were expressed for November 16, with voting taking businesses in the that the fees for licensing and testing place from 9:00am to 6:00pm at the are nothing more than taxation by an- territory – includ- Mohawk Administrative Office. other name. As one Mohawk man said, ing cigarette shops, “It looks like every move we make un- As of press time, the The Tyendina- gas stations, and der this regime is going to cost us ga Mohawk Cannabis Control Law is money…. I am fearful that this is part of not easily available on the MBQ web- restaurants – allow a wider attempt to bring taxation on site. Visitors to the site have to navi- outside Canadian alcohol, cigarettes, and cannabis to our gate through the “Contact Us” section territory.” to an obscure “Documents” section, as the proposed law is not posted in the inspectors to come The format of the vote was also section of the site dedicated to the called into question. As opposed to a in and examine cannabis law. referendum which has to follow specif- their products or ic rules under the Indian Act, the MBQ’s Larry Hay, Councilor Stacia Loft, books. Nor do they decision to hold a plebiscite means and Chief Donald Maracle declined to that it does not follow these regulations provide any comment for this story. pay tax or a licens- and is not legally binding. Since so few Sara Mainville was asked for comment ing fee to the MBQ, people have actually had a chance to but did not respond. have input into the cannabis control a creation of the law’s development, view the law or Indian Act.” have their questions and concerns addressed, it is unclear why council is holding this plebiscite in the first place.

www.DISPENSINGFREEDOM.com Jan 2020 page 24! Constitutional question raised in cannabis raids has big implications for North Shore A court challenge being raised by members of the Amikwa Beaver Clan People in Henvey Inlet argues that the Rowan Proclamation and the 1850 Indians’ Protection Act defend the Indigenous right to have and sell cannabis.

HENVEY INLET – Located along the products to passer-bys on Highway 69, police seized $157,230 worth of Northern shore of Georgian Bay along the section of the Transcanada highway cannabis products and $3,250 of Cana- the French River are three parcels of that connects Sudbury to Hwy 400 and dian currency were taken from New Age land reserved to the Henvey Inlet First the Golden Horseshoe area. Medicinals, and _____ from Medi Shack. Nation. The community is made up of The OPP claimed that the raid was nec- Canada’s Cannabis Act makes no 641 members of the Amikwa (Beaver essary in order to "dismantle organized provision for Indigenous people and was Clan People) belonging to the Anishin- crime groups, eliminate the illegal pushed through without consultation or abek Algonquin nation, with 166 of them cannabis supply, remove illegal regard for Indigenous rights. By opening living on the reserve. The Amikwa peo- cannabis enterprises such as storefronts – and staying open despite police raids ple have occupied the strategically im- and online, and target the proceeds of – the shops in Henvey Inlet are part of portant Lake Huron and French River crime and assets." an Indigenous cannabis revolution that water system since time immemorial. is sweeping across Canada, and now A number of Amikwa nation mem- They first encountered Europeans when numbers over 160 documented Indige- bers (David Brennan, Jessie McAvoy, French explorers Étienne Brûlé and nous dispensaries which are operating and Neil Herbert) were charged under Samuel Champlain visited their territory o u t s i d e o f C a n a d i a n l a w a n d the provisions of the Cannabis Act for in the early 1600s. jurisdiction. “possessing cannabis for the purpose of Once major players in the North selling,” and “allowing property to be On Friday, January 4th, 2019, the American fur trade, the Amikwa of Hen- used for unlawful sale or distribution two Henvey Inlet shops were raided by vey Inlet currently have a small econom- under the Canada Cannabis Act.” Not the Provincial Joint Forces Cannabis ic footprint, but that is starting to surprisingly, these Indigenous cannabis Enforcement Team, a multi-agency po- change. Over the past couple of years, entrepreneurs see the matter quite dif- lice force co-ordinated by the OPP for two small Indigenous cannabis shops – ferently from the arresting police officers. the purposes of cracking down on “ille- Medi Shack and New Age Medicinals – They hold that they’ve done nothing gal” cannabis dispensaries. According have opened up on the territory and wrong in selling cannabis on their land, to a press release issued after the raid, have been selling a variety of cannabis and that they were robbed by police

www.DISPENSINGFREEDOM.com January 2020 page 25! who violated their Aboriginal rights and who have no jurisdiction on their territo- ry. Brought into Queen’s Courts to an- swer for the breaking of Canada’s laws, on August 8th, 2019, the accused Amikwa people gave Her Majesty the Queen a Notice of Constitutional Ques- tion, and requested that the charges brought against them on behalf of the Queen, be stayed. They assert that as the original Indigenous people of this land, they have every right to legally trade cannabis amongst their people and with visitors to their territory. Rep- resented in court by lawyer Michael Swinwood, the three Henvey Inlet men have joined with another Amikwa woman charged on an unrelated cannabis charge on the territory to bring their cases together and jointly put forward their Constitutional ques- tion. The raising of a Constitutional Question in a court case such as this is done as a means of informing the Queen that “the constitutional validity, Michael Swinwood is a lawyer for the Amikwa Beaver Clan people charged in the Henvey Inlet raids. applicability or effect” of a particular legislative provision made by the Cana- dian Parliament violates a matter of in Wahnapitae, and the November 27, ognizes and affirms” the “existing Abo- fundamental justice or law. In this case, 2019 raids in Garden River First Nation. riginal and treaty rights”; Section 7 the issue is about the British Crown’s The Indigenous cannabis entrepreneurs rights to except in accordance with the long term relationship with Alongquin- in these other communities are consid- principles of fundamental justice”; and Anishinaabe people, and the formal ering connecting their cases together, Section 8 rights “to be secure against agreements and treaties of peace and and will certainly be impacted by the unreasonable search or seizure.” decision of the case in Henvey Inlet. friendship between the peoples. The articles of UNDRIP that the When Constitutional Questions are Amikwa claim the OPP violated include: In cases where such laws violate the THE BASIS FOR THE Article 3 which states that “Indigenous underlying constitutional framework of HENVEY INLET peoples have the right to self-determi- the British Crown in Canada, they are nation” and the right to “freely deter- set aside or overturned by the courts. CONSTITUTIONAL mine their political status and freely In this case, the Anikwa nation mem- QUESTION pursue their economic, social and cul- bers argue that the enforcement and tural development”; Article 4 which imposition of the Cannabis Act on their The Constitutional Question raised states that “Indigenous peoples, in ex- traditional territory is unconstitutional by the Amikwa in Henvey Inlet argues ercising their right to self-determination, because it violates their constitutionally that the Cannabis Act charges on their have the right to autonomy or self-gov- protected Aboriginal rights which were people violate four sections of the ernment in matters relating to their in- recognized by the Crown long before Canadian Constitution as well as nine ternal and local affairs, as well as ways Canada even became a country and articles of the United Nations Declara- and means for financing their au- which are upheld in the Canadian Char- tion on the Rights of Indigenous People tonomous functions”; Article 5 which ter of Rights and Freedoms. (UNDRIP). The constitutional rights in states that “Indigenous peoples have question are: Section 25 Aboriginal the right to maintain and strengthen The case of the Amikwa in Henvey rights and free- Inlet is all the more significant because doms stemming the constitutional arguments it makes from Aboriginal “The case is all the more significant directly relate to a host of other dispen- and Treaty rights sary raids carried out by the OPP’s recognized in because the constitutional PJFCET in several other Indigenous t h e R o y a l arguments it makes directly relate to a communities, including the January 3, Proclamation of 2019 raids of First Nations Medicinal 1763 and other host of other dispensary raids carried and Creator’s Choice in Wahnapitae, s u c h a g r e e- out by the OPP’s PJFCET in several the September 18th 2019 raids of First ments; Section Nations Medicinal and Creator’s Choice 35 which “rec- other Indigenous communities.” www.DISPENSINGFREEDOM.com January 2020 page 26! their distinct political, These lands include the legal, economic, social territories currently as- and cultural institu- s o c i a t e d w i t h tions”; Article 6 which Batchewana First Na- states that “Every in- tion, Dokis First Nation, digenous individual has Fort William First Na- the right to a nationali- tion, French River Indian ty”; Article 7 (1) which Reserve No. 13, Garden states that “Indigenous River Indian Reserve individuals have the No. 14, Gros Cap Indian rights to life, physical Reserve No. 49, Henvey and mental integrity, Inlet Indian Reserve No. liberty and security of 2, Kiashke Zaaging An- person”; Article 7 (2) ishinaabek - Gull Bay which states that “In- F i r s t N a t i o n , M a g- digenous peoples have netawan First Nation, the collective right to Mississauga First Na- live in freedom, peace tion, Nipissing Indian and security as distinct Reserve No. 10, Parry peoples and shall not Island First Nation, be subjected to any act Point Grondine Indian of genocide or any oth- Reserve No. 3, Sag- er act of violence”; Ar- amok Indian Reserve, ticle 10 which states Serpent River First Na- that “Indigenous peo- tion, Shawanaga First p l e s s h a l l n o t b e Nation, Thessalon Indi- forcibly removed from an Reserve No. 12, their lands or territo- Wahnapitae First Na- ries”; Article 12 which tion, Whitefish River states that “Indigenous First Nation. peoples have the right The purpose of the Indi- to manifest, practise, ans’ Protection Bill was develop and teach their two-fold. First, to pro- spiritual and religious Governor General and Commander in Chief, Sir William Shearman Rowan tect Indians and non- traditions, customs and Indians who had inter- ceremonies”; and Arti- married with Indians, on cle 24 which states that “Indigenous made in 1854 by Governor General and these lands by declaring their personal peoples have the right to their tradi- Commander-in-Chief of British forces in wealth and property inviolable from the tional medicines and to maintain their North America Sir William Shearman “designing and unprincipled” – espe- health practices, including the conser- Rowan and has the same legal weight cially if it involves Indians utilizing mod- vation of their vital medicinal plants, as a Royal Proclamation. The Indians’ ern and “civilized” forms of wealth and animals and minerals.” Protection Bill was passed four years agriculture. And secondly, to “provide earlier by the Upper Canada Legislature more summary and effectual means for In addition to the Canadian Charter as a means of addressing the trespass- the protection of sùch Indians in the of Rights and Freedom and UNDRIP, ing and injury being caused within In- unmolested possession and enjoyment the case cites the 1948 UN Convention digenous jurisdictions by unscrupulous of the lands and other property in their on Genocide, the Crimes Against Hu- European squatters. manity Act and War Crimes Act, and use or occupation.” reports from the National Inquiry into The Rowan Proclamation explicitly These issues had long been matters Missing and Murdered Indigenous outlines various Indian lands “on the of concern to Indians facing an influx of Women and Girls as statutory provi- borders of Lake Huron, Superior, European immigrants, which grew by sions or rules upon which the appli- Nipissing and Nipigon” where the pro- 800,000 in the years between 1815 and cants rely. visions of the “tenth, eleventh, and 1850. The Indians’ Protection Act re- twelfth sections” of the Indians’ Protec- iterated many of the same basic posi- tion Bill should be explicitly applied. tions in Crown-Indian policy as defined ROWAN PROCLAMATION These sections concern the protection in the 1763 Royal Proclamation. The and possession of Indigenous wealth AND INDIANS’ Act stated that no purchase or sale of and property, and the means for re- land from Indians could occur without PROTECTION BILL moving and punishing the European the “authority and consent” of the Of special relevance to the Consti- immigrants squatting on their land. The Crown; that no person could sue any tutional question are the Rowan lands in question are 21 parcels of land Indian in Upper Canada unless it was Proclamation of March 11, 1854 and described in the Rowan Proclamation over land held in “fee simple” ie. per- the Indians’ Protection Bill of July 30, which were later designated under the sonally owned and alienable land within 1850. The Rowan Proclamation was Indian Act as reserves. the British landholding system; that “no

www.DISPENSINGFREEDOM.com January 2020 page 27! taxes shall be levied or assessed upon Section X goes on to clarify that The Notice of Constitutional Ques- any Indian or any person intermarried “none of such presents or of any prop- tion notes that “The Rowan Proclama- with any Indians” who lived on Indian erty purchased or acquired with or by tion continues to be in force, and has land; that no tolls or fees would be means of such annuities or any part never been revoked. Along with the charged on any “road, bridge or ferry” thereof, or otherwise howsoever, and Royal Proclamation of October 7th, in the Province; that no “spirituous in the possession of any of the Tribes 1763, the land upon which the said liquors” could be sold to Indians; and or any of the Indians of such Tribes offence was alleged to have been that any property pawned by Indians in shall be liable to be taken, seized or committed, is unceded Indigenous exchange for alcohol must be returned distrained for any manner or cause territory and is protected from imposi- to them. whatsoever.” tion, trespass or injury by others. To- gether these Proclamations deprive the In making his Proclamation, Gover- Section XI of the Indians’ Protec- Crown of jurisdiction.” nor General William Rowan under- tion Bill gives Justice of the Peace scored three specific sections of the powers to the Commissioners and the The Constitutional question further Indians’ Protection Act – X, XI, and XII different Superintendents of the Indian asserts that the place where the raids – that protected Indians and punished Department so that they are better took place on the Henvey Inlet First unwanted non-Indians and tied specif- able to remove squatters on Indian Nation, does not actually belong to the ic parcels of Indian land to these pro- Lands. Crown or its Indian Act Band, but is tections. In so doing, the Governor rather the traditional unceded land of Section XII explains that the giving General was acting as the direct em- the Amikwa Algonquin Anishnaabe of these “summary and effectual pow- bodiment of the Crown and upholding Nation.” This raises a whole other con- ers” to the Commissioners will afford its duties to its Indian allies, and was cerning the Robinson-Huron Treaty of “better protection to the Indians in the continuing in the footsteps of a long 1851, a treaty that the Amikwa people unmolested possession and enjoyment established relationship between the in court view as fraudulent. of their lands.” Section XII states that Crown and Indians in the Great Lakes these Acts “enable [Indians] more effi- On its surface, the Constitutional region. ciently to protect the said lands from Question raised by the Amikwa in Section X of the Act explicitly pro- trespass and injury, and to punish all these raids seems pretty open and tects the wealth of Indians from seizure persons trespassing upon or doing shut. A Royal Proclamation with the – including their treaty annuities and damage thereto: Be it therefore enact- force of law explicitly protects the eco- presents – as well as Indian wealth ed, That it shall not be lawful for any nomic activity of Indians to engage in expended and invested in “the encour- person or persons other than Indians such “agricultural and civilizing” activi- agement of agriculture and other civi- and those who may be intermarried ties as cannabis growing and sales on lizing pursuits” i.e. in growing and sell- with Indians, to settle, reside upon or their own lands – free of taxation, ing their produce and wares from with- occupy any lands or roads or al- seizure, and Crown control. in their own economy. The Act recog- lowances for roads running through To the extent that any law officers nizes the individual rights of Indians to any lands belonging to or occupied by accountable to the Crown are operat- hold this wealth which “may be and any portion or tribe of Indians within ing on these Indigenous territories, often necessarily are, in the posses- Upper Canada.” they should be evicting non-native sion or control of some particular Indi- Section XII goes on to say that it is squatters, not robbing and intimidating an or Indians of such Tribes.” The Act the duty of the Commissioner, when he Indians engaged in their own economic also explicitly protects Indian held gets a complaint to “remove all such development on their own lands. The property from “seizure, distress or sale, persons settling, residing upon or oc- argument being raised in Henvey Inlet under or by virtue of any process cupying such lands, with his, her or could be raised in all the other 21 dif- whatsoever.” their families, from the said lands or ferent territories identified in the Rowan roads or allowances for roads” Proclamation.

www.DISPENSINGFREEDOM.com January 2020 page 28! INTERVIEW Cannabis, matriarchal governance, and the Amikwa The following is an edited transcript of an interview with lawyer Michael Swinwood who is representing numerous Algonquin people in a series of linked constitutional challenges.

TRADITIONAL GOVERNANCE What Band Councils need to be faced with is that they’re not really the essential leadership. The essen- tial leadership are the traditional people, and that’s where I think there needs to be focus. Developing that traditional government model is easily done by just gathering the grandmothers in that territory and putting them in touch with the other grandmothers that we’ve been work- ing with. What needs to happen is a demonstration that traditional gov- ernance is really where they’re going to look for their guidance and their protection because they can’t get guidance, nor protection from Chief and Band Council. Lawyer Michael Swinwood addressing a legal workshop organized by the NSACA. So, it’s got to be framed more Grandfather William Commanda of the Indigenous people and if we along the lines of coming from a spelt out that the Seven Fires follow Prophecy then it’s the rebirth place of traditional governance Prophecy and the White Buffalo Calf of matriarchy which is the ancient thinking, and saying to Chief and Prophecy, taken together, speak of form of governance of the Algonquin Band Council: “You are compro- changing times and that we are in Nation. mised by the Indian Act and there- changing times. The White Buffalo fore you’ve compromised us, you Calf prophecy speaks specifically to REBIRTH OF THE can’t protect us, and you can’t assist the death of the patriarchal system us to implement something that is and the rebirth of the matriarchal MATRIARCHY ancient, which is our capacity to be system. Herein lies the freedom for Marie-Françoise Guédon PhD, medicine men and women.” the native people, for the indigenous an anthropologist from the Universi- I think it has to be cast on that people in all of their things, Title and ty of Ottawa provided to us a report basis because then it flows into a Right; it lies within traditional gov- on governance by the matriarchy, whole movement which is occuring ernance. It lies within that paradigm specifically of the Algonquin Nation, in the province of Ontario through that’s built in from the Chilcotin so we have that report to put it in the Algonquins. This is happening Decision. most of our pleadings and all of the right now, and there is a statement of Indigenous Right or Title cannot things we are doing presently. claim that is in place in Ottawa. We just be decided by the Common Law, We have been working on bring- have to be mindful that we’re in a but it’s the Common Law with the ing together a circle of traditional time of change and transition, and law of traditions and customs of the grandmothers. So we have traditional this is coming from an ancient indigenous people and if that’s the grandmothers in Pikwakanagan or prophecy from the Algonquin Nation equation then we have to be strong Golden Lake, outside of Golden itself. on the laws, customs and traditions Lake we have traditional grandmoth- www.DISPENSINGFREEDOM.com January 2020 page 29! ers in North Bay/Sturgeon Falls area, who knows someone who identifies we have traditional grandmothers CLAN AND TRADITION as a true Elder, like a real one, not a over in Curve Lake in the Peterbor- What we need to do is get to- person who is aged but a person who ough area and we need to develop the gether all the groups that are in- has some knowledge and they put relationships with the grandmothers volved in the constitutional challenge that person forward to come into the in the French River/Georgian Bay (and whoever else is prepared to be circle of grandmothers. Territory and bring them together. supportive of it) to help us to develop With the traditional grandmoth- What’s also important to be these things and to get the resources ers we had a gathering in Madawaska mindful of is the Algonquins of On- in order to get the experts in to do which was specifically for them, and tario is a political group put together the testimonies and all that kind of we had thirteen grandmothers, some by Blainy McMurty out of Toronto, stuff. The structure is all there to be from Curve Lake, some from North the law firm, to organize supposedly able to get all the dispensary owners Bay/Sturgeon Falls, some from Gold- the Algonquin Nation to do a land into one constitutional challenge. en Lake, some from the Kingston claim and eventually a treaty. The The matrilineal point of gover- area. We were able to put people in Algonquins of Ontario are: Golden nance is the key point we’re talking the circle and then we oriented them Lake Chief and Band Council, plus about. It’s fine for the clan system to towards what it was they were going nine communities around them like go through the father, it doesn’t mat- to become involved in, which is to sit Whitney, Sherman Lake, Boncherre, ter, but the bottom line is that it is in circle as traditional grandmother Pembroke, places like that. So they the matriarchy that makes the deci- for their territory and consult with make up the Algonquins of Ontario. sions. They’re the ones that in the each other and become the ones that They are supposedly the authority for end are going to put the bonnet on make the decisions that need to be the Algonquin Nation in Ontario the chief and everything else. made on behalf of the traditional which is not so, they are really a people, and in particular opposing made-up group that is surrounding “The Man” everywhere on Title and the Chief and Band Councils from “…the matriarchy is on Right. Golden Lake. In North Bay and Sturgeon Falls, We have them in litigation where in complete the Ministry of Natural Resources they’re one of the defendants in the entered into a Memorandum of Un- claim that the traditional grand- opposition to the derstanding with the Chief and Band mothers have put down and the tra- structure of the Council from Nippissing First Nation ditional grandmothers have asserted and forbade the natives from fishing Title to the Territory beyond what white man and it’s in on Lake Nippissing and then subse- the Algonquins of Ontario are nego- complete opposition quently two of three of the fishermen tiating, we have asserted Title up in had their boats and their nets taken; the Georgian Bay and French River to the tyrants that they just Gestapo’d the hell out of Territory. All that territory is pretty them. They’ve wiped out the fishery vast, but in order to demonstrate we have to deal for the guys at Nippissing First Na- traditional governance we’ve set with…” tion. They’ve completely wiped it about to organize the grandmothers out. in all these territories and that’s what I have a case that’s coming up in needs to be done in all of the com- So that’s the traditional form of May and June with 50 hunters and munities that are involved in the their governance, whether or not the fifteen fishermen to establish that cannabis issue. clans come through the father or not, they have fishing rights and that the The connecting point for all is to it doesn’t matter. That’s not the de- Robinson-Huron Treaty doesn’t apply. be supportive of assisting in the de- finitive issue and more importantly It’s almost identical to the case that velopment of traditional government the Anishinaabe, and an anthropolo- we’re doing for cannabis. My point is throughout the territory, not just gist agrees with me, that the point is that the method here is to have the their own territory but throughout that the women have to lead now people in the territory identify one or the whole province, and therefore because the men don’t know what the two or three, however many they come up with a very strong represen- heck they’re doing. There’s no leader- think, are either Elders or persons tative structure from each of the ship anywhere when you get right they think could potentially be an grandmothers of the different territo- down to it and that’s the problem. Elder to sit in the circle with the ries. Traditional people coming to- Each person who is involved, for grandmothers. The same applies for gether from all the territories just instance in dispensing or somewhere, the men, so that we can avail our- strengthens the whole thing; then some way, shape or form involved in selves of whatever power and within that structure the addition of cannabis, they come from a particular strength we can bring together. the elders is essential. territory and in that territory they are The issue with the matriarchy is knowledgeable or know someone that it’s in complete opposition to www.DISPENSINGFREEDOM.com January 2020 page 30! the structure of the white man and tional grandmothers, we are involved because the Métis people can’t get it it’s in complete opposition to the in putting together a traditional way, from the government, the Métis tyrants that we have to deal with, the only way that we can be protect- people are condemned to the Powley the petty tyrants like Donald Trump ed. There is contention in relation to Test and if they don’t pass the com- and Justin Trudeau and all these the authority over the territory and munity-based test then they don’t people who really don’t know any- we suggest that Chief and Band exist, they don’t have any Rights, thing about anything. Council are not the Title holders. they have no Title. Regardless of how it plays out We are going to suggest that the The people in Manitoulin are on a legal front if the jurisdiction is Title holders are the traditional peo- also under the Indian Protection being exerted we’re winning. And if ple. You raise a whole bunch of Act, but again I think the more we are doing it from a structure that things here because the Chief and forceful card here is Indigenous Ti- has to be looked at, you can’t say it’s Band Council think that they are tle, Original Title, and Amikwa, just a bunch of people who are dissi- Treaty people. They think that they that’s the name of Manitoulin Island, dents or just a bunch of people who are Robinson-Huron Treaty of 1850, it’s Indigneous name is “Amikwa” are dissatisfied or just a bunch of no questions asked, but that’s wrong, and you could call it “headquarters” people, it has to be a movement in they also think they’re Ojibwe but if you will. Manitoulin is very much a order for it to have strength and that that’s likely wrong too. They’re ei- part of it, as is Lake Nippissing, is why we have been working at this. ther Potawatomi or Amikwa, and if these are huge connecting points in We’ve been working at covering off they’re Potawatomi then they are terms of the Amikwa. The strength the territories so this just happened not the original Title holders. that I am driving at here is that the to explode in our favour in putting You heard Del Riley say that Original Title never having been that together because we already very directly. He told everybody in dealt with causes problems when it have grandmothers we already have the circle that he wasn’t from there, comes to jurisdiction. That’s the the- territories covered. We need to ex- he’s not from there, he’s from Wis- sis that you want to advance over pand in this territory, it’s part of a consin. He told everybody that when and above anything else because claim that we have made in a lawsuit. you read the Mission Statement or that’s where the strength lies. Most of the people you are talking to the Objectives of the Union of On- Now Rowan is this, and Indian don’t even know their background or tario Indians, it very specifically says Protection Act is that, there will al- their history like Stacy Amikwabi. that we don’t have anything to rely ways be debate about those pieces They’re not educated about it at all, on so we’ve made this, we’ve incor- and what they mean or what they all they’ve had to deal with is Chief porated this, the Union of Ontario don’t mean etc etc. because that’s and Band Council and bullshit since Indians to assist us because we really where the debate will be in the con- the Robinson Huron Treaty of don’t have anything. We’re not from stitutional challenge. The strength 1850. here so this is a delicate, delicate lies in the Title, the strength lies in It has to be communicated from point from an Amikwa perspective being able to have that Territory a position of strength that we are they’re there to protect those who declared Amikwa and therefore the involved with traditional gover- came from away in the same way original Title holder has never been nance, we are involved with tradi- that they protect the Métis people dealt with and that’s the key.

www.DISPENSINGFREEDOM.com January 2020 page 31! Indigenous constitutional expert says Garden River cannabis shops are legal Del Riley, former leader of the National Indian Brotherhood, and co-author of Section 25 and 35 of the Canadian Constitution explains that Indigenous people have the “Aboriginal Right” to operate cannabis dispensaries on their lands in accordance with their custom and conventions.

GARDEN RIVER FN – Over 60 people gathered in the community centre on Thursday, December 19th, 2019 to hear Del Riley, a former leader of the National Indian Broth- erhood, and co-author of Section 25 and 35 of the Canadian Constitution, speak about the Indigenous right to run cannabis dispensaries on their own lands. The evening’s event came in the context of a recent raid on an Indigenous cannabis dispensary in the territory, and a 50 person strong rally outside of Band Council offices held in protest of the raid. Del Riley speaking in Garden River at a community meeting on Dec 19th, 2019. Those gathered enjoyed a fully Riley worked to get constitutional Riley explained, “We put in Sec- catered meal of penne and meatballs protection of Indigenous rights rec- tion 25 so that they can’t deviate and chicken cutlets with roasted ognized “in the highest law of the from the logical meaning of it. The potatoes before getting down to the land – the constitution – that way wording was put together with all discussion at hand. everyone has to observe it.” First Nations [people] sitting around the table and writing it. We put it in At the meeting, Riley argued as strong as we possibly could so no that Indigenous cannabis dispensary SECTIONS 25 AND 35 courts could get around it if they owners “have the right to continue Riley explained that the real rea- were making laws.” the operation of the shops that you son the sections were added came as Section 25 of the Constitution have,” and suggested that “Section 35 a result of a quid pro quo agree- reads: “The guarantee in this Charter is what we should use to move for- ment with then Minister Responsible of certain rights and freedoms shall ward with the cannabis issue. It con- for Constitutional Negotiations, Jean not be construed as to abrogate or nects with Section 25, and both are Chretien. At the time, Riley and his derogate from any aboriginal, treaty extremely important.” These two co-thinkers had opened up an office or other rights or freedoms that per- sections of the Canadian Constitu- in England and were using it to lobby tain to the aboriginal peoples of tion were incorporated after a around the world for Indigenous Canada including (a) any rights or process of lengthy constitutional rights. As Riley recalled, “Jean Chre- freedoms that have been recognized negotiations involving the National tien pulled me aside in one of the by the Royal Proclamation of Octo- Indian Brotherhood, which Riley led committee rooms in Ottawa and ber 7, 1763; and (b) any rights or free- at the time. says, ‘Mr Riley, If you close your of- doms that now exist by way of land Frustrated with the constant fice in England, we will give you your claims agreements or may be so ac- court battles over hunting and fish- protection for Aboriginal Rights.’ quired.” ing rights in the 1970s and 1980s, And that’s how it really got in.” www.DISPENSINGFREEDOM.com January 2020 page 32! Riley noted that, “Section 25 Milling decision, and that we only their rights to grow, harvest and sell incorporates the Royal Proclamation get usufructuary rights [rights to use plants like cannabis in their tradi- and the only reason we put that in the land]. They finally let it go, but I tional territories, the Constitutional was so the rest of the First Nations knew in the end that one day it protections of Section 35 trump Band in the Country wouldn’t get would come back, and guess what, Council, Provincial and Federal weaselled out of their rights. If the the only party that can define Abo- Laws. British government is to take any riginal treaty rights is us. No court For Riley, Band Council is a dead land from you, they have to follow a judgement, no fictional legal argu- end. “They have no authority, all they process.” ment can change that. That’s really can do is throw an ad-hoc committee Section 35 of the Constitution important.” at you.” Riley added, “Chief and reads as follows: “(1) The existing Council is a product of the Indian aboriginal and treaty rights of the WHY INDIGENOUS Act and the Minister controls every- aboriginal peoples of Canada are thing and can deny any decision they hereby recognized and affirmed. (2) CANNABIS DISPENSARIES make. So you have a problem there In this Act, “aboriginal peoples of ARE PERFECTLY LEGAL too. There’s no real way of dealing Canada” includes the Indian, Inuit The main focus of the meeting with it. But with cannabis you’ve got and Métis peoples of Canada. (3) For was to discuss the status of the four an area that’s totally unexplored, yet greater certainty, in subsection (1) Indigenous cannabis dispensaries valid and legal.” “treaty rights” includes rights that that are currently operating in Gar- The only real issue as Riley sees now exist by way of land claims den River First Nation. While Riley it, is the matter of writing up and agreements or may be so acquired. made clear that he didn’t want to properly presenting this information (4) Notwithstanding any other provi- offend anyone, he explained that “the to governments, police, and courts sion of this Act, the aboriginal and problem that your councils have is and properly articulating Section 35 treaty rights referred to in subsection that they have no authority in this rights. And when asked about the (1) are guaranteed equally to male and area [cannabis] at all. The Indian Act “cannabis moratorium” passed by female persons. doesn’t deal with it. They have no Band Council, Riley answered, “I authority…. That’s where they stand, don’t think you need any moratorium and Indian Affairs didn’t know what on anything. You’ve been operating “The only party to do because they can’t get around in the community with passive ac- that can define Section 35 either.” ceptance of the community. That’s Riley continued, “Where that traditional. Get up those [store] Aboriginal treaty leaves everything is in limbo really. signs so you can explain all of this.” rights is us. No What have we got left? We’ve got to In concluding his remarks Riley go to what our traditional way of indicated that he would be willing to court judgement, dealing with this. And you’re not testify as an expert witness in any no fictional legal going to find it in books. You’ve got a case where Indigenous people are situation where businesses have al- prepared to assert their rights argument can ways been allowed to happen in First through Section 35 and the tradition- change that.” Nations. That means that there’s al way of doing business in the com- been passive acceptance of the com- munity. munity of it, which is their Aborigi- At the end of the meeting mod- Riley said that the power of Sec- nal Right. The province and the feds tion 35 was obvious from the fact erator Frank Belleau thanked the can’t touch that. Chief and Council people for coming out and stated in that it has been so successful in win- has nowhere to turn because the In- ning legal cases, stating that “right conclusion, “this is our right. Our dian Act doesn’t deal with that and ancestors fought for this, and never now we’ve won something like 283 they have no authority. In the future straight cases on Section 35.” thought once about giving up our you’re going to have to work some- voice for the people. Everybody’s Interestingly, at the time that thing out so that everyone in the voice means something where we the sections were written, there were community can get along.” come from.” Belleau added that, “we no commonly agreed to definitions The key issue that Riley kept can heal ourselves and we can heal of the term “Aboriginal and treaty pointing to is that the Band Council each other through mother earth, rights”. According to Riley, “When Resolutions or Cannabis Control mother nature…. Our families, our we put in aboriginal and treaty rights, Bylaws being passed by Band Coun- communities, our clans, are all com- there was no definition of it. And we cils to regulate cannabis, are just an- ing together like they should. In had to lobby to ensure that they in- other form of Federal legislation that honor of what our grandfathers and cluded protections even without a violates Section 35 constitutionally grandmothers left for us.” definition. Canada thought the real protected Aboriginal Rights. Because definition of Aboriginal rights was Indigenous people nowhere gave up encapsulated in the St. Catherines’ www.DISPENSINGFREEDOM.com January 2020 page 33! Helping Indigenous people bring their business dreams to reality Indigeegrow is a new Indigenous business services company brought to you by the dynamic duo that launched Creator’s Choice, the largest Indigenous cannabis dispensary on the North Shore. Driving along dusty that Indigeegrow can’t logging trails 45 minutes do. In part this comes North of Sudbury takes from the team’s many you to the small commu- years of experience in nity of Wahnapitae First business. Nation. Here, nestled Derek Roque has 27 among a stand of birch years of experience in trees, sits Creator’s the cannabis industry. Choice, the hugely suc- Formerl y a licensed cessful North Shore In- grower under Health digenous Cannabis dis- Canada, Derek went pensar y that wa s back to school to study launched by husband and horticulture and plant wife team Derek and propagation for the pur- Nicola Roque. poses of growing high The Roque’s are quality cannabis on a consummate profession- commercial scale. Nicola als; always snappy Roque has 20 years of dressers their motiva- experience in retail mer- tion, work ethic and en- chandising and customer thusiasm are second to Nicola and Derek Roque are taking Indigeegrow on the road to a community near you. service, and has exten- none. You can hear the sivel y researched pride in their voices as they talk you can’t help but get excited your- cannabis and its medicinal effects on about their accomplishments in the self about the possibilities of this the human body. rapidly growing Indigenous cannabis new enterprise. The Roques have a The two combined their skills to movement. And now, they are bring- strong desire to help others and al- launch Creator’s Choice. Now they ing their energy and infectious en- ways sought to give back to the want to help other dispensary owners thusiasm to a new effort aimed at community, whether by fixing roads become as, or more, successful than growing the Anishinaabe economy. or sponsoring local sports teams. they are. They now see an opportunity to give Having stepped back from day- As Derek puts it, “What we’ve back to the people and industry that to-day duties at Creator’s Choice, the noticed, in going around to other supported their dreams. Roques realized that they were in a dispensaries and meeting people, is unique position to offer assistance to that there are a lot of entrepreneurs others. No other dispensary owners HELPING INDIGENOUS with great ideas but who don't really have built a store to the level of Cre- BUSINESS GROW know how to take that next step. We ators Choice and now have the time want to help these people bring their and inclination to support the Indigeegrow helps Indigenous dreams into reality, whether they movement as a whole. people with anything business relat- need packaging, signage, labelling or Derek Roque exudes confidence ed, cannabis related or not. From help with a business plan or website as he discusses Indigeegrow, their planning and structuring a business or even the name of their new business venture. His excite- to getting it actually launched, coach- business.” ment is contagious. Hearing him talk, ing and guidance through the difficult first years of operation, there’s little www.DISPENSINGFREEDOM.com January 2020 page 34! Their goal is to help indigenous conventions and they impart them become a household name in the people develop the confidence to be upon others when they visit new ter- regional cannabis market and it able to bring themselves into the ritories. Smudging is an important worked. “This is what we are going to world of business. Issues arise often part of their tradition and they do when we go into other communi- and quickly when starting a new smudge their work environment and ties and help them launch their busi- business, and Indigeegrow is only a employees every day before starting nesses into a successful, sustainable phone call away to assist Indigenous work. It is important to them to ho- cannabis enterprise.” business owners in overcoming chal- nour Anishinaabe traditions so they They support other indigenous lenges and identifying next steps. can advise in decorating your store manufacturers and producers and Indigeegrow can provide them with with traditional art from artists encourage stores to stock only in- advice on guidance on what their across Turtle Island. They also be- digenous made products. “As we next move should be and put them in lieve in posting information about know the government has been hav- touch with an extensive network of culture and tradition within the ing a lot of recalls. Sales numbers mentors and suppliers that they can stores as a way to stay connected show that consumers trust First Na- rely on to grow their business effi- with our heritage and to educate tions products. People are looking ciently. newcomers. for organic cannabis, they want it. And people trust Indigenous growers way more than they trust the gov- ernment,” Roque added. They have noticed that as they continue their work more and more people are discovering native medi- cine. They see people coming to- gether and sharing stories of medi- cines that their relatives make and to them this is the most important and rewarding aspect of their work; the sharing of medicine and knowledge. “We’ve met so many dispensary owners that now we are meeting the producers and manufacturers; we are able to make introductions of indi- viduals that are on the same path and that way we are able to build a stronger indigenous cannabis move- ment.” One of the aims of Indigeegrow is to become recognised as a training Indigeegrow is especially well At their grow facility they have standard. They want to be seen even- versed in helping with all aspects of greenhouse and outdoor fields that tually as a support and training sys- opening a cannabis business, they are managed with predator mites, tem that indigneous businesses can will help you write policy and proce- lady bugs and natural oils as opposed rely on, not just dispensaries. dure, teach you how to schedule em- to the 96 herbicides and pesticides ployees, how to price products; they given the okay by Health Canada. “Our goal is to create the confi- can also conduct product knowledge Indigeegrow has a strong commit- dence and the work ethic that has training, customer service training, ment to health and safety and to that been taken from indigneous people merchandising and marketing train- end they test all of their own prod- through the government handout ing. You can learn how to grow with- ucts and also offer testing to cus- system. As the grandmothers used to out herbicides or pesticides in a way tomers. There are a number of In- say “We pick the berries with both that is in harmony with nature and digenous facilities that offer testing hands.” That is one of the challenges Anishinaabe custom. They can teach under the Red Feather certification. which is creating a work ethic that we used to know that has been lost.” you all of the ins and outs of produc- The Roques have immense con- ing high quality cannabis that will fidence in advising cannabis busi- keep your customers coming back for nesses because they have done it al- For more information about Indigeegrow, more. ready. They beam with pride as they contact Derek Roque at 705-669-7094 or Indigeegrow is an Indigenous describe how they carefully and email [email protected] owned and operated enterprise. They strategically planned for the success practice Anishinaabe customs and of Creators Choice. Their goal was to www.DISPENSINGFREEDOM.com January 2020 page 35! Did the Vikings cultivate cannabis on Turtle Island? A recent study has found evidence suggesting Viking explorers were in Newfoundland for two or three centuries longer than previously thought, during which time they may have cultivated cannabis.

The study, titled, “New Hori- zons at L’Anse aux Meadows,” docu- ments the existence of “ecofacts” -- i.e., environmental remains -- that were excavated in August 2018, 30 metres from the L’Anse aux Mead- ows site in northern Newfoundland, founded in 1000 A.D. Among the findings were two beetle species, each originating from Greenland and the Arctic, charcoal, caribou dung and woodworking debris, items which were radiocarbon dated to the 12th or 13th centuries. Pollen from “exotics such as Juglans (Walnut) and Humulus type (hops or cannabis)” was also found. While the study, first published July 15 on the journal Proceedings of the National Academy of Sciences, L’Anse aux Meadows, a Viking settlement in North America where cannabis may have been grown. cautions that what appears to be cannabis pollen “may have arrived the environmental legacies of inter- through wind dispersal,” its authors and intracontinental movement of CAUTIOUS OPTIMISM nevertheless find its presence in the people within North America prior It’s important to note, however, region “intriguing.” to (the) 1492” arrival of Europeans that nowhere in the study is it sug- “If any of these species truly are colonists. gested that the Vikings in the L’Anse introductions to Newfoundland, The archaeological evidence at aux Meadows settlement got high their arrival by the 13th century may L’Anse aux Meadows site, which rests smoking cannabis. In fact, the study have been via either Norse or in- on the northern tip of the Great only mentions “cannabis” once as digenous trade or migration routes,” Northern Peninsula on the island of lead author, Dr. Paul Ledger, de- the authors state. Newfoundland, was only discovered scribes the pollen found as appearing The “ecofacts” also help shed in the 1960s. The area is therefore to be either “hops or cannabis.” light on both the “environmental considered the only Viking settle- Moreover, as a paper on the legacies” left behind by the Nordic ment in North America outside of Journal of Industrial Hemp states, explorers, and on the depth of con- Greenland and was, as a result, “Pollen of Cannabis sativa is dissem- tact between them and the Indige- named a World Heritage Site by inated by wind in large amounts and nous Peoples of Turtle Island. UNESCO in 1978. for long distances,” which bolsters “Ecofacts from cultural waste Until the study’s findings, it was the cautions by the study’s authors. sandwiched between layers of peat believed Vikings left the area in the This, combined with the fact that may not be as evocative as artifacts 11th century. The newly unearthed cannabis has been present in North such as a ringed bronze pin, or a fine- “ecofacts” suggest they may have America since pre-historic times, ly crafted lithic projectile point,” the been in the area in the 12th and 13th makes it possible that the pollen study’s authors conclude. “Yet, they centuries as well. found at the L’Anse aux Meadows present new horizons for examining site may not have come from the Vikings. www.DISPENSINGFREEDOM.com January 2020 page 36! Swedish-Canadian archaeologist that Vikings brought hemp and given that the area is so remote and Birgitta Wallace, who specializes in cannabis seeds with them during thought to have been abandoned Norse archaeology in North Ameri- their travels is not farfetched con- around the year 500. ca, has also questioned the likeli- sidering the fact that Norwegian The new findings, the Ancient hood of Nordic presence in the re- Vikings were known for cultivating Origins article argues, indicate that gion during the 12th and 13th cen- the versatile plant back home. “cannabis cultivation was common turies, as “there are no structures on throughout the Viking Age” and that the site from that period that could VIKING HEMP cultivation occurred at the farm be Norse,” according to a Live Sci- from “year zero to year 900.” ence report. Evidence dating back to explo- rations from the 1940s and 1950s by There is no evidence suggesting She also mentioned that “there Norwegian-Danish research collabo- Vikings used cannabis for its psy- were Indigenous people, ancestors rations suggests hemp was grown in choactive effects. of the Beothuk, on the site at that Norway between 650 and 800 A.D., The fact that hemp seeds have time” who could have been respon- what has been described as “the be- been found in Eastern Norway, in- sible for leaving those “ecofacts” ginning of the Viking Age.” cluding in Hamar municipality, behind. The Beothuk people lived which date back to the 400s A.D., there from around 1500 B.C. to More recent findings at the point more to the use of hemp as 1000 A.D. In fact, they are de- Sosteli Iron Age Farm in southern essential building materials for sails scribed by Nordic explorers as Norway are being considered de- and ropes, according to “The Histo- “Skraelings” (skrælingjar), or “bar- finitive proof that “it was common ry of Indigenous Cannabis: Natives, barians,” according to a different to cultivate cannabis in the Viking Explorers, and Colonists,” a chapter Live Science story. Village,” according to a report on Ancient Origins, a website dedicat- from The Great Book of Hemp. Patricia Sutherland, a visiting ed to highlighting “the very latest Whatever the case may be, the scientist at the Canadian Museum of archaeological findings, peer-re- study and its findings has the poten- Nature, also says drawing conclu- viewed academic research and evi- tial to shed light on how relations sions of continuous Viking occupa- dence,” according to its website. between Vikings and Indigenous tion or presence based on those eco- people of Turtle Island were shaped, facts “seems premature,” as they Previous samples have been and whether or not trade, including could have continued to flourish found elsewhere in Norway that also that of cannabis, played any role in after being left behind by the date hemp cultivation to similar it. Vikings in 1000 A.D. times -- usually pollen grains and seeds. The findings at the Sosteli While so far there is no conclu- farm, however, are more significant sive evidence either way, the idea

www.DISPENSINGFREEDOM.com January 2020 page 37! VISIT WWW.DISPENSINGFREEDOM.COM/DIRECTORY TO SEE THE MAP Map of all Indigenous Cannabis Dispensaries

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Dispensing Freedom is pleased to be able to bring you a map of the over 160 differ- ent indigenous cannabis dispensaries that are currently open to the public. When you click on the symbol on the map, you will be able to view all publicly available in- formation about that store including address, phone number, hours of operation, website and social media connections. If you’ve got a location that we’ve missed email [email protected] with the info.

EMAIL [email protected] TO ADD YOUR SHOP www.DISPENSINGFREEDOM.com January 2020 page 38! Indigeegrow in Association with Dispensing Freedom Presents:

THE INDIGENOUS CANNABIS REVOLUTION: WORKSHOPS ABOUT THE REALITY OF

INDIGENOUS CANNABIS TODAY Indigeegrow.com is an Indigenous consulting firm based in Wahnapitae Anishinaabe Territory that specializes in helping to get Indigenous people into the quickly growing Indigenous cannabis industry. Dispensing Freedom is a media project containing the world’s largest repository of news and information about the Indigenous Cannabis industry. Together we are excited to present a series of multimedia work- shops on the Indigenous cannabis revolution that is sweeping across Turtle Island. We offer the following four presentations for your organization, business or community. Each workshop includes printed handouts, a multimedia presentation lasting 30-45 minutes, and a 45-60 minute question and answer session. To book a presentation email [email protected].

#1 INDIGENOUS CANNABIS 101. What is Cannabis? in operation, most of operating without Crown oversight What is the significance of compounds like THC, CBD, or regulation. This workshop will focus on understanding Delta 8, etc.? What kinds of products can be made with the five most common approaches to the regulation of hemp and cannabis? Where does cannabis come from? cannabis on Indigenous territories in Canada. These in- When was cannabis prohibited and why? What has been clude: Canada’s Cannabis Act, the Provincial system, the the relationship of cannabis to earlier economies and Band Council System, the Association method and the medicinal traditions? What history does cannabis have in traditional governance system. connection with Indigenous people? When did cannabis and hemp come to Turtle Island, and are they culturally #4 IS CANNABIS AN ABORIGINAL RIGHT? This presen- appropriate for First Nations people here? How many First tation is an overview of the legal and historical arguments Nations are involved in today’s cannabis industry? What about whether or not cannabis can be accurately consid- are some of the highlights of this industry and where is it ered to be an Aboriginal Right protected by the Canadian headed? Constitution. After providing an overview of Canadian ju- risprudence on the nature of an Aboriginal Right, we will #2 HOW TO GROW CANNABIS FLOWER AND MAKE discuss the origins and nature of the Indigenous cannabis EXTRACTS. This workshop is presented by an Indige- industry. We will discuss what evidence there is of “pre- nous cannabis grower with more than 27 years of experi- contact” cannabis use, new evidence concerning the ence in the industry and with professional qualifications in Viking introduction of the plant to the continent 1000 nursery propagation and plant management. Topics cov- years ago, the original peace and trading agreement ered will include the basics of setting up inside and out- formed between the Dutch and Mohawks symbolized by a side grows, the growth cycle of the plant, nutrient provi- hemp rope, the “first planting” of cannabis in New France sion, harvesting and curing techniques, how to grow with- in 1608, as well as discussing the significance of treaties out herbicides and pesticides, methods for THC and CBD and proclamations including the 1763 Royal Proclamation, extraction as well as an introduction to the manufacture of the 1850 Indians’ Protection Act, the 1854 Rowan edibles, tinctures and salves. proclamation, as well as the 2014 decision of Justice Ed- wards Gethin recognizing Haudenosaunee medicine, and #3 APPROACHES TO THE INDIGENOUS REGULATION two recent Constitutional Questions raised in the courts OF CANNABIS. An overview of the Indigenous Cannabis by Indigenous cannabis entrepreneurs raided by police. Industry and of the attempts to regulate it. There are now over 160 documented Indigenous cannabis dispensaries

www.DISPENSINGFREEDOM.com January 2020 page 39! Decolonizing Cannabis An interview with Akwesasne Mohawk elder Ateronhiata:kon Francis Boots.

One of the things I see as an abso- lute necessity is that we educate our- selves about the effects and benefits of cannabis. Up to this point, we've had a very negative stereotype of cannabis in our community. It's like we even labelled it in the language in a negative connota- tion; we say kayenkwaksen (bad tobac- co). It's not a good way to describe this, a plant that has all these benefits around. But we would say ononhkwa, it means medicine, just simple medicine, it's just a natural medicine, natural ele- ment of medicine. The people who call it bad don’t know, they really don’t know. They’ve heard from somebody, they’ve heard from the local police or heard it from social workers who don’t know what the hell they're talking about. We need to have a very healthy dis- cussion about the whole question. Akwesasne Mohawk elder Ateronhiata:kon Francis Boots. We've heard all negativity about it even out of the Catholic Church, so some of purpose of taxing. That's the whole pur- weeks, her greatest feeling was if she us have to filter through this information pose that the government is going to could puff on some marijuana to relieve that we have in our mind and we need to want to do with cannabis is how can her pain for a few minutes. This is on her listen to the young people and what they they tax it, because that's the same dying bed. My own sister said that. She think. thing they did with cigarettes. said it in our language to me. So how can that be not good for some situa- So for us, the Onkwehon:we people, The overall thing is that they always tions? we really need to take some blinders off. want to be in control. They want to have We need to look at this in a more holistic the upper hand. It doesn’t matter if you I would plead with the families, way, just like we do other plants, just like make sense of what you're talking about, please have a discussion about this. we do for oyenkwaonwe (tobacco), just they’ll tear that apart for taxation. That's Please talk about it in your family, be- like we do for niyohentehsa or strawber- the same thing with the tobacco indus- cause each family has medical issues, ry plants. It has benefits to us, not only try. It wasn’t contraband, it was un-tax- each family has social issues, each fami- physically, medically, but spiritually. able to them. They couldn’t find a way to ly has behavioral issues and each family To me, cannabis can contribute to tax it, that's why they had to criminalize is unique. And then it comes to the clan, spiritual wellbeing in terms of calm and it. the collection of families. We need to have a discussion in our community as in terms of peace of mind. It's not an You know what, if Canada legalizes to the benefits. But also some people artificial thing, it just helps you get there, it, then it's going to fall upon us, what's have this lower tolerance of addictive- I think. The government or at least the going to be our position? Because to us, ness and misbehaviour and abuse of this naysayers have spent a lot of time telling it should be free. The use of it should be medicine. us all the evils about this plant, and we free but respected. haven't really heard any intelligent ex- I don’t use cannabis, but I know I can see where cannabis use could planation about it. people who do and I know it benefits be disruptive to dysfunctional families. It them, so don’t take it away from them. The government is going to monitor can add on to their issues. But then on Make it available for them to be relieved, this closely, they're going to look in the other hand, it could be helpful. I had and don’t add to people's painful exis- everybody's backyard, they're going to a sister who fought cancer three times. tence. Listen to the full interview on look on everybody's canopy, because In her dying times, the last three or four they're going to want to control it for the www.RealPeoples.Media. o www.DISPENSINGFREEDOM.com January 2020 page 40! Introducing Secure: The smartest and safest way to run your business

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INDIGENOUS RETAILERS USING SECURE INCLUDE… www.DISPENSINGFREEDOM.com January 2020 page 41! SPECIAL FEATURE The Rise of the Indigenous Cannabis Movement Things are moving quickly in the world of Indigenous cannabis. This primer will catch you up on where the movement has come from and where it’s going.

growth of a booming "green econo- CROWN AND my.” CORPORATIONS GET IN There are currently 29 US states that have medical marijuana pro- THE GAME grams, and 13 that have decriminal- The cannabis industry is now ized recreational use. In Canada, the one of the largest and fastest grow- use of cannabis for medicinal pur- ing economic sectors in Canada. poses has been legal since 2001, and There is now rarely a day where the Her Majesty the Queen of England cannabis industry is not in the news. gave her Royal Assent to the Canadi- Billions of dollars are being made an Parliament's “Cannabis Act," Bill from the plant, and Canadian C-45 on Oct 17th. cannabis production is at an all time high. The financial impacts of this industrialized country with the high- LIBERAL LEGALIZATION est per capita use of cannabis in the "green economy" are felt in every The election of the Justin world. 4/20 style events bring to- province, and nowhere more Trudeau Liberals in 2015 – on a plat- gether hundreds of thousands of markedly than in impoverished ur- form which included the “legaliza- Canadians in acts of civil disobedi- ban and rural areas where the under- tion” of recreational cannabis – pro- ence and political protest, and gov- ground production and sale of vided an opening for “black market” ernment authorities are clearly run- cannabis is a significant (and un- cannabis producers and retailers to ning to catch up to the shifts in cul- taxed) income support for many. open “grey zone” dispensaries to tural mores and norms regarding Those in government and corpora- meet the needs of medical clients, cannabis. tions boardrooms want in to this since recreational use was politically lucrative industry, and the legaliza- In the medical/scientific world legitimated and about to become a tion process advanced by the there is a growing appreciation and major new source of government Trudeau government is their oppor- recognition of the cannabis plant. revenue. In some regards, the move tunity. Cannabis was once a key part of var- to open dispensaries before legaliza- Legalization is occurring because ious pre-industrial salves, potions, tion was an attempt to shape the all levels of government will gain and oils used by apothecaries and cannabis laws then being written, or financial benefit from taxing and doctors to treat common ailments, at least to create “facts on the licensing this massive and rapidly and numerous new medical studies ground” that would hopefully be growing industry. And behind the suggest the significance that "grandfathered” into the developing state stands capital. Billions and bil- cannabis has for improving human legal cannabis regime. lions of dollars of money seeking to health and wellness. The years since Trudeau’s elec- make more money as this previously Public perception of cannabis in tion have been a cannabis free-for-all illicit market is opened to global in- North America has changed so sig- as hundreds of technically illegal dis- vestment. nificantly that multiple states in the pensaries have opened up across Public perceptions about the United States have legalized medici- Canada, and a wide variety of plant have been changing rapidly. nal and even recreational cannabis. cannabis strains, concentrates, and Despite the stigma still associated As a result, jurisdictions like Col- speciality products have found their with cannabis, some 40% of Canadi- orado which have legalized the plant way to market. Though illegal, ans say that they used the plant in have seen massive economic influxes cannabis dispensaries have received a the last year, making Canada the of cash, dramatic increase of taxes to large degree of public support for all levels of government, and the www.DISPENSINGFREEDOM.com Fall 2018 page !42 cannabis laws. No consultation, no inclusion, and even no reference to Indigenous rights to medicine, self- determination, or economic opportu- nity appears in the government’s push to “legalization.” Governmental op- pression, neglect and failure to con- sult have formed the context for the public emergence of the Indigenous cannabis movement.

THE RISE OF THE INDIGENOUS CANNABIS Canadian Prime Minister Trudeau wipes a tear from his eye after learning of the rapid growth of the MOVEMENT Indigenous cannabis industry. Tim Barnhart opened Legacy 420, the first Indigenous cannabis providing safer and higher quality pharmaceutical industry have until dispensary in Tyendinaga in June of cannabis products in more accessible now been excluded from. And to 2015. Herbal Releaf, owned 51% by and accountable locations. These dis- solve that problem, political hacks, the Tobique First Nation opened up pensaries are lucrative, often selling former high level anti-narcotics police in Maliseet territory in New Bruns- product at 100% profit margins, and officers, recently departed high level wick at around the same time. There although police regularly raid the government bureaucrats from Health are now upwards of 75 Indigenous shops, for many it has proven finan- Canada, pharmaceutical chains, and cannabis dispensaries operating on cially worthwhile to stay open and venture capitalists with deep pockets reserves, with the vast majority of fight the charges. have united to appoint themselves as them located in Ontario. the new rulers and beneficiaries of a The legal protection offered by The relative newness of the dis- Canadian court decisions mandating system of cannabis production and pensary phenomenon on reserve access to medicinal cannabis will like- sale in Canada. should not lead one to assume that ly soon be removed once Canada’s Canada's legalized regulatory Indigenous peoples are newcomers to new Cannabis Act is passed, and regime is a multi-jurisdictional the cannabis industry. Cannabis was Canadians are able to access the plant framework that gives the Federal made illegal in Canada in 1923, with- through the new government regime. Government the responsibility of out public debate, parliamentary dis- Provincial authorities have indicated controlling and regulating the Li- cussion, or medical evidence, but that they will move aggressively to censed Producers – the private busi- anti-cannabis laws were not enforced shut down illegal dispensaries and nesses granted special licenses to until 1936 with the rise of the anti- funnel consumption to the Crown grow the plant under stringent and Black and anti-Mexican “Reefer corporation monopolies the Prov- capital intensive processes. Provincial Madness” in the United States. inces have set up. governments will get to decide the Soon after anti-cannabis laws Rather than simply deleting the framework for retail sales and con- began to be enforced in Canada, In- placement of cannabis on the Con- sumption, and even municipalities digenous communities were targeted trolled Drug and Substances Act, and can get in on the regulatory act. The for their production of cannabis. An thereby decriminalizing the use of Feds will get 25% of the tax benefit, article from the 1938 Montreal this incomparably powerful and safe while the Provinces, who are being Gazette reports over 3500 pounds of plant medicine, Canadian cannabis made responsible for much of the cannabis plants being destroyed every legalization has been aptly named heavy lifting, get the rest. And in a day over a 21 day period in the Mo- "Prohibition 2.0" by its critics. That is move consistent with the history of hawk community of Kahnawake because Trudeau’s legalization plan Canadian colonization, the Provinces alone. will continue to criminalize growers have created Crown Corporations – long a favoured vehicle for enclosure For at least the last century, and distributors of “illicit cannabis” growing cannabis has been an impor- and monopoly in Canadian state with draconian penalties of up to 14 tant economic activity on native re- years in jail. building – to control and benefit from retail sales. serves. Outside of Canadian govern- Trudeau’s Cannabis Act is little ment transfer payments or spending more than a plan to enclose and gain Not surprisingly, given Canada’s through Band Council systems, the control of a multi-billion dollar indus- long history of colonialism, Indige- contribution of the cannabis industry try that “legitimate capitalists,” all nous people have been completely cut on reserve is probably only exceeded levels of the Canadian state, and the out of re-configuration of Canadian by the tobacco industry.

www.DISPENSINGFREEDOM.com Fall 2018 page !43 Of particular relevance to In- ernment of Canada as an Indian). digenous people is the fact that the 7.4% identifed themselves as Cana- cannabis industry is accessible and dian citizens, 3.1% as non-native, and rapidly scalable. The cost of entering 0.8% defined themselves as “other.” the industry are small, profit margins 95.1% of respondents said they are high, and all aspects of the indus- consider cannabis to be a medicine. try can be conducted from within a Only 1.7% said that it wasn’t a medi- single territorial land base. With the cine, and 3.2% said they weren’t sure. resurgence of Indigenous popula- 89.7% of the respondents said that tions and political power, Federal and cannabis is a plant compatible with Provincial policing power is greatly Indigenous medicine. 1.7% said it reduced on native reserves where in wasn’t compatible, and 7.5% said many cases such outside agencies they weren’t sure. have been prevented from freely op- 94.9% of respondents believe erating. that adults wishing to purchase This reality has made it easier cannabis for medical purposes should for Indigenous cannabis producers to be able to do so on reserve, while grow their crops and to bring them only 1.5% said it shouldn’t be made to market. And in a context where available, and 3.6% weren’t sure. non-natives already regularly fre- 86.4% of respondents think that Tim Barnhart is the owner of Legacy 420, the first quent reserves to take advantage of adults wishing to purchase cannabis cannabis dispensary to open in Tyendinaga. tax-free gas and cigarettes, setting up for recreational purposes should be cannabis dispensary trailers in the able to access it on reserve. 6.6% That means that there is now a parking lots of gas stations and to- said it shouldn’t be made available, two-front process in the expansion bacco shops is not a big leap. and 7% weren’t sure. of Indigenous cannabis. On the one Cannabis, while long the target 96.5% of respondents indicated hand, grassroots Indigenous people – of state repression and ideological that they believe that Six Nations often with a connection to tradition- indoctrination by church and state, is people have the sovereign right to al governance systems and an active generally understood as useful plant determine their own path and choic- history of opposition to Canadian based medicine in Indigenous com- es regarding cannabis. 1.8% said colonialism – are opening up their munities, even if not considered a maybe, and 1.7% said no. own cannabis dispensaries and using medicine “native” to a particular na- The numbers at Six Nations the proceeds to create alternative tion. Cannabis is widely seen by In- were similar to those received in the economic structures outside of the digenous people as a safer form of Alderville Cannabis Survey which we Canadian system. On the other hand, pain and stress relief than pharma- report on in pages 10 and 11 of this Band Councils and their political ceutical alternatives, and has undeni- magazine. federations are increasingly seeking able usefulness in combating alco- to obtain a share of the cannabis rev- holism and PTSD. Although there have been ar- rests and raids on Indigenous enue. After an Assembly of First Na- The most significant survey con - cannabis dispensaries just as there tions meeting in December of 2017, cerning Indigenous perspectives on have been in Canadian cities these the AFN indicated that First Nations cannabis took place at Six Nations of raids do not appear to be the work of “must be given the right to govern the Grand River in December 2017 outside police forces, but are rather the sale and distribution of legalized and was organized by Green Health being coordinated by elements of the marijuana within their communities for 6. 731 Indigenous people an- local Indigenous power structure and to set the laws that will oversee swered the survey, revealing over- who either have their own interests its use by their people.” whelming support for cannabis dis- in the cannabis industry or who are The central question as to the pensaries on the territory, and a very using police repression to harm their future of Indigenous cannabis thus high personal level of cannabis use political opponents. concerns the issue of self-regulation. for treating a wide range of ailments. At present, the current situation If Indigenous communities come to a In this survey, 75.7% of respon - is that the growing reality of the ex- clear consensus and a regulatory dents stated that they identified as pansion of Indigenous cannabis dis- framework for their industry, Cana- Onkwehon:we (belonging to a clan pensaries is pushing established band dian authorities will be hard pressed and nation of the Haudenosaunee/ council leadership to get into the to enforce their systems on reserve. Iroquois people). 31.9% indicated cannabis industry and to advocate Perhaps the most significant parallel that they identify themselves as Sta- for a share in it. can be seen in relationship to the tus Indians (recognized by the Gov- Indigenous tobacco industry.

www.DISPENSINGFREEDOM.com Fall 2018 page !44 CANNABIS AND THE INDIGENOUS TOBACCO INDUSTRY One of the central processes of Canadian colonization has been the forcing of Indigenous people from their homelands onto tiny reserva- tions where they couldn’t maintain their economic independence and were forced to accept government rations and handouts to survive. The goal was not only to remove the Indi- ans from their lands, so as to allow for its settlement by Europeans, but to make life on the reserves so difficult that Indigenous people would seek assimilation into the Canadian sys- tem. Under various iterations of the Canadian police showing off stolen Onkwehon:we made tobacco. Indian Act, Indigenous people were not allowed to sell their farm produce or timber off reserve where they There were specific reasons why The tobacco trade was carried on might compete with non-native pro- Indigenous people were able to get outside of Canadian regulation and ducers. into the cigarette trade in the first oversight. As a result, it has been re- The Indian Act is in direct con- place. Firstly, there were the major US peatedly smeared by Canadian au- tradiction to the British Crown’s corporations which used the Akwe- thorities as a potential source of "ter- treaty obligations, and was imple- sasne Mohawks to smuggle their rorist" revenue, and repeated public mented by the political leaders of the products back into Canada without relations campaigns have sought to newly created ‘Dominion of Canada’ paying Canadian excise taxes. This link organized crime with native to- in order to solve the so called “Indian resulted in a significant profit for bacco products. Problem.” Rather than seeking to both the corporation and the Mo- In 2014 the Canadian government uphold the “Honor of the Crown” in hawks moving the product across the brought in legislation, Bill C-10, in its dealings with Indigenous peoples, St. Lawrence river. order to further criminalize the In- the Indian Act is a piece of racist leg- But what the tobacco companies digenous tobacco industry, creating islation that has served to control and didn't count upon is that with the new enforcement capacities. The re- assimilate Indigenous peoples. profits they made moving product, sponse of Indigenous people to gov- One of the biggest forms of resis- the Mohawks began establishing their ernment promises to crack down on tance to the assimilative economic own cigarette factories and eventually the Indigenous tobacco industry was and political forces of the Indian Act began competing with Big Tobacco. It overwhelmingly supportive of that has been the growth and development is now estimated that between one industry. By this time everybody had of the Indigenous tobacco industry third and half of all cigarettes sold in someone in their family employed by over the last 40 years, which provided Ontario, Quebec and eastern Canada the tobacco industry, and donations a massive economic boom for many are "contraband" native smokes. from the industry to various sporting Indigenous communities. Mohawk The original tobacco trade was and cultural programs were woven communities have been at the fore- begun by Mohawk nationalists who into the fabric of everyday life. De- front of cigarette manufacturing, al- believed in following their original spite the obvious downsides to health though many non-Mohawk communi- forms of governance, the and well-being from smoking, the ties have also made significant income Kayenere:kowa, or Great Peace. They tobacco industry provided a very real from the sale of tobacco. Tobacco saw the tobacco industry as an inde- economic basis for sovereignty and sales have been particularly important pendent industry that could provide independence for many people and in capturing an income stream com- economic development for their peo- was respected and supported as an ing from off reserve non-native cus- ple on their own terms. Though not Indigenous right. tomers seeking to buy untaxed ciga- without its controversies, the true In response to the new crack- rettes at much reduced prices. Ar- value of this economy is that it helped down of the Canadian government guably, these non-native smokers have to create the precondition for politi- beginning in 2014, members of the made the greatest contribution of any cal independence, regardless of how tobacco industry and traditional and non-natives to improving Indigenous unsavoury or “illegal” the industry elected councils created their own lives. might be considered by Canadians. form of regulation known as "tobacco

www.DISPENSINGFREEDOM.com Fall 2018 page !45 laws" which were passed by elected nal or “traditional” Indigenous forms Indian Act system. Despite the best and traditional councils to regulate of governance, and the other one is efforts of the Canadian system to the industry and put them under expressed by those Indigenous peo- crush it, this matrilineal system con- their protection. Canadian authori- ple who operate the Indian Act sys- tinues to exist, even if it has been ties were given very clear signals that tem of governance represented by weakened or driven underground. should they seek to move against this Band Councils. Because the system is matrilineal, industry, they would face a strong What we are calling here the however, it can be revived and ex- and united response from the com- “traditional” approach to cannabis tended by Indigenous people return- munity as a whole. governance is in effect the original ing to and rebuilding such systems, as Since this claiming and support system of matrilineal clan based gov- epitomized by political movements of the Indigenous tobacco industry, ernance that held sway over most of like the K^onthyokwanhasta. Canada has not directly interfered North America when the Europeans The second kind of Indigenous with the “contraband” Indigenous first arrived. In agreements such as governance is that represented in the tobacco industry, and has not raided the Two Row Wampum, this system day-to-day activity of the Indian Act to shut down the factories making is the “canoe,” while the European created elected Band Councils, in the cigarettes. governance system is contained in which the Indigenous people of a the “ship.” given “First Nation” operate a corpo- THE FUTURE OF According to the Two Row, both ration created to rule on their re- serve, and elect their members to INDIGENOUS CANNABIS peoples were to go down the river of life together in friendship, but with- positions as Chief and Council. Un- SELF-REGULATION out upsetting or interfering in each der this framework, the Indigenous leaders swear allegiance to the Queen With over 40 stores open in other's affairs. In the Canoe’s sys- and British Crown, and while serving Tyendinaga, eight more stores open tem of governance, the starting point as representatives of their electors, in Alderville First Nation – another was the personal freedom of individ- mimic the representational politics Indigenous community at the leading uals to do whatever they wanted, so of the colonial system and follow its edge of cannabis production and sale long as they fulfill their responsibili- laws and system. This is the way of – and another dozen or so other ties to the collectivity and do not the “ship” according to the frame- stores on territories across Ontario, hurt others. That collectivity was to work of the Two Row Wampum. the Canadian government is going to be found in the extended matrilineal have a hard time stopping the In- clan families that were the funda- These two different approaches digenous cannabis industry. Like to- mental basis for making decisions are not neutral differences of opinion bacco, it is one of the very few viable about political, economic and mili- occurring within Indigenous com- economic opportunities available to tary affairs. There was no compulsion munities. By definition, the Band Indigenous people living on reserve. in this system of governance – no Council system can only operate ac- And now that the industry is grow- taxes, courts, lawyers, judges or po- cording to the terms of reference and ing quickly and providing meaningful lice – and decisions were arrived at interests of the colonial system, and income and opportunity for those through sophisticated systems of for the clan based system to reassert involved in it, it’s worth fighting to consensus decision making, and its governance, requires the undoing protect. based on ensuring the well being of of the colonial framework and means the clan families’ faces yet to come. the freedom of Indigenous peoples Even if government agencies The underlying framework is one of on their territorial land base. were to carry out mass raids of the personal and collective freedom, and The issue of what kind of regula- Indigenous industry, the stores would one’s personal place in the system is open up again after the raid. And in a tory framework is advanced, and determined by one’s maternal blood- whether it is in harmony with the context in which the Federal gov- line. ernment is not only legalizing recre- clan system or the Band Council sys- ational cannabis and giving all kinds Under this matrilineal system, tem, will thus be of paramount im- of powers to its various jurisdictions, extended clan families join together portance in terms of determining not but preaching “reconciliation” and to form nations which then join to- only the future of the Indigenous partnership with Indigenous peoples, gether to form confederacies. But cannabis industry, but whether this the idea that Indigenous peoples the key decision-making unit remains industry will lead to Indigenous free- cannot regulate the industry in their the clan family, which through its dom and decolonization, or a own territories seems absurd. own consensus-based system places strengthening of the colonial status those it considers best able to repre- quo. The question of Indigenous self- sent its interests. regulation of cannabis on reserve is one which is polarized around two It was this form of matrilineal very different currents. One current governance which made the treaties is rooted in what we might call origi- with Europeans, and which was tar- geted for destruction under Canada’s www.DISPENSINGFREEDOM.com Fall 2018 page !46 www.medicinewheelnaturalhealing.com Ojibway - english Cannabis Dictionary OJIBWAY ENGLISH Mshkiki gizeebeegnigaan Bath Bombs Mashkiki Cannabis Mishkiki zawow mide Cannabutter Noojmiwin waabo CBD Mishkiki opchi meshkwaak Concentrate Mashkigamigoong Dispensary Mishkiki duwungun Edible Wawaskone Flower Zhowzhkwaa Green Kidebze-zhawowkwaans Greened Out Zhiigboojgun Grinder Mishkiki kitigan Grow Op Mishkiki zeesbowgdohnsun Gummies / candies / fudge Mzhkowzing mide Hash Wawaskone Zeesbaakdohns Indica Mishkiki Medicine Mide Oil Mishkiki kaade menwaagmik Pop / soda / soft drink Zhee gnigewin Rolling machine / device Zhee gnigewin mizinigun Rolling Paper Midezhozhewin Salve Mishkiki wii Sativa Mshkiki wasechgun nabiik Shatter Mishkiki neebeeshabo Tea Noojmiwin waabo oshmey THC Mishkiki mide Tincture Zuguswaadonn Toke Pkwenezgun Vapourizer Zongchigchesun Wax / dabs Mishkoohns Weed (slang)

Brought to you with the support of Smoke Signals Magazine spring 2018 page !47 A comparison of the regulatory systems of the Canoe and the Ship The British Crown found its way into what is now called Canada by making peace and friendship treaties with the Onkwehon:we – the original peoples of this land. The foundational agreements of the Two Row Wampum and the Silver Covenant Chain are based upon the understanding of the separate and distinctive nature of the Indigenous system of the “Canoe” in comparison to the European system of the “Ship.” The ultimate basis of these agreements is a system of peace, friend- ship, and non-interference in eachother’s way of life. The chart below compares how these two very different systems tend to approach cannabis regulation on Indigenous lands.

JURSIDICTION, MEMBERSHIP AND DECISION MAKING Canoe / Matrilineal Clan System Ship / Indian Act System Responsible and accountable to its own people. Explic- A creation of the Indian Act system, the Elected councils itly not subject to the British Crown/Canadian system, it are corporations operating in the Canadian system that are carries its own rights and responsibilities according to its administered by those who have sworn an oath of loyalty to own system and ways of life. the British Crown.

Membership and identity is passed down through the Membership and identity is passed down through the mother’s line. The basic unit for making political and eco- father’s line. Political and economic decision making is split. nomic decisions is the extended matrilineal family. Under Politics is handled by “professionals” operating the political the guidance of its oldest and wisest members, the family parties and state structures of a constitutional monarchy. councils together about the best ways to ensure the best Economic decision making is controlled by the boards of for the ‘faces yet to come’ – the next generations of the directors of corporations whose bottom line is maximising family. Families are networked together to create nations shareholder return and who are governed by the rules of the and confederacies where higher level decisions are made. Crown.

Uses consensus system with checks and balances to Relies on Crown prerogatives, British Common Law, and achieve results that reflect the collective common interest the traditions of parliamentary democracy to ensure the rule for future unborn generations. All are equal, all have a right of the few over the many. Decisions are made by majority to a voice and to be part of the decision making. vote following parliamentary/corporate procedures. www.DISPENSINGFREEDOM.com Fall 2018 page !48 Canoe / Matrilineal Clan system Ship / Indian Act System VIEWS ON THE CANNABIS PLANT AND ITS REGULATION

Cannabis is a natural plant medicine with its own re- Cannabis is a dangerous drug which must be strictly sponsibilities and functions within the circle of life. It is a regulated by the government/medical/industrial complex in highly beneficial plant but must be treated with respect and order to keep out “organized crime,” protect children, and not abused or exploited. ensure tax revenue and for governments and corporations.

Canada and the Crown have no say over Indigenous The Indian Act system should be the mechanism to de- territories or processes of internal decision making, includ- termine rules and regulations on reserves to regulate ing over the regulation of cannabis and other plant based cannabis, and these should be based on the rules of the medicines practiced by Indigenous people. Any regulations Canadian system and be in harmony with it. Band Councils and rules that are enacted must be consistent with the cus- should become a form of municipal governance for First toms and values of the original people and must respect Nations and locally administer the rules, licenses, and taxa- their decision making structures and choices. tion system of the Crown.

The cannabis industry can provide an economic alterna- The on-reserve cannabis industry can provide a signifi- tive to relying on handouts from the Canadian government, cant income to First Nations if taxed by the Band Council, and contribute strongly towards political and economical but this “Own Source Revenue,” may result in diminished sovereignty. The money generated by entrepreneurs should government transfer payments. Native businesses are en- be distributed within families using traditional mechanisms couraged to “register” and follow the path of paying taxes and not be subject to outside control or oversight. and working within the Canadian system.

Indigenous jurisdictions don’t pay taxes, since they are Taxation, licensing and mandated contribution systems not subjects of states, or states themselves. A voluntary should be enforced by the Band Council and whatever vari- community contribution system is preferred, or another ous structures and institutions it sets up to oversee private means of returning benefit to the people. industry on reserve.

There should be no taxation system or forced contribu- As in the case of Section 26 of the Ontario Cannabis tion plan, or regulatory system requiring the creation of Act, this approach leaves the door open to Band Councils state-based structures to oversee and control the cannabis directly negotiating with government ministers to approve industry. Instead, the oversight and regulation mechanisms reserve-based regulatory regimes on a case by case basis. should result from the people coming together to discuss Band Councils should have a monopoly on the production and to “come to be of one mind” using traditional gover- and distribution of cannabis – as an arm of the Canadian nance frameworks. government and Crown.

Starting from a first principle that any one is free to do The cannabis industry should only be open to those whatever they want as long as it is not hurting someone without criminal records and authorized by Canadian/Band else, the cannabis industry is open to anyone in the canoe Council regulations through paying for various licenses and to participate in as they and their family see fit. As long as fees. Members of the local Indigenous community are either their motivation is good and they are willing to make per- viewed as “good” actors that participate in Band Council sonal life choice to work towards making life better for the elections and process and uphold Christian values, or stig- good of the people, they are welcome to participate in the matized as “bad” addicts and drug users who are opposi- industry. Having a criminal record from the colonial system tional to the “system” and who should thus be kept out of is not reason for exclusion from the industry. the “legal” cannabis system.

Minimum age for legal consumption be established ac- The minimum age for legal consumption is established cording to community custom. In some cases this can be by the federal government at 18 years. All provinces except earlier, in other cases later. for Quebec and Alberta have increased the age to 19.

The smoke free bylaws of the ship do not apply in the All relevant smoke-free bylaws for public spaces, and canoe. Individual shops and restaurants set their own policy workplace tobacco and alcohol consumption policies, based on their own views and beliefs. should be adapted to include cannabis consumption.

www.DISPENSINGFREEDOM.com Fall 2018 page !49 An introduction to the Original peoples of “Ontario” In Ontario, there are three main groupings of Indigenous people. They are the Haudenosaunee or Iro- quois, the Anishinaabe, and the Mushkegowuk peoples. Each of these groupings is based in a differ- ent region and has its own linguistic and political differences. Each group- ing is made up of a confederacy of independent sovereign nations who are autonomous and have their own specific dialects and culture. Haudenosaunee refers to the Six Nations of the Iroquois Confederacy whose members include the Mo- hawk, Oneida, Onondaga, Cayuga, Seneca and Tuscarora. This Confed- eracy also includes dozens of smaller tawapiskat, Kashechewan, Fort Al- exactly as they are written. For the tribes such as the Tutelo, Wyandot bany, Moose Cree, Taykwa Tag- Mushkegowuk it is common to say and Delaware that joined for protec- amou, Missanabie and Chapleau "Wachiye" for hello, which sounds tion over the course of colonization. Cree First Nations. The Cree lan- like [watch-ays]. Anishinaabe refers to the Three guage is classified as an Algonquin Nelson Mandela once said, "If Fires Confederacy. The sub-nations language but is usually not mutually you talk to a man in a language he of the Confederacy include the Mis- intelligible with the dialects spoken understands, that goes to his head. If sissauga, the Pottawatomi and the by the Ojibway. you talk to him in his language, that Odawa. They are also referred to in These three groupings have a goes to his heart." In the spirit of English as the Ojibway or the Algo- different political structure and lan- reconciliation between Indigenous nquin. The term Algonquin can be guage. Depending on which region and Non-Indigenous people, it would ambiguous as linguists use it to refer you are in, you might want to say be beneficial to learn the political to a linguistic grouping, which in- "Hello" in their respective languages. and linguistic affiliation of your near- cludes the Cree, rather than a politi- For the Haudenosaunee people, est Indigenous neighbors so that you cal grouping such as the Three Fires there are 3 common ways to say hel- can greet them in their own lan- Confederacy. lo: "Shé:kon", "Sge:no" and "Kwe". guage. Mushkegowuk refers to the They sound like this: [say-goh], Note: Ontarí:yo (kanyatarí:yo in Cree people of the James Bay region. [scanoh], and [gway] respectively. Mohawk) is a Huron word meaning They are unified under the For the Anishinaabe people, there handsome or beautiful lake – in reference Mushkegowuk Council which in- are 2 common ways to say hello: to Lake Ontario. cludes the communities of At- "Aanii" and "boozhoo" which sound

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www.DISPENSINGFREEDOM.com Fall 2018 page !50 KNOW YOUR TREATIES The Dish with One Spoon The Dish with One Spoon Treaty main Haudenosaunee political terri- resources to support their family. is an agreement that was made before tories were at the time located in Therefore, this is the treaty that is European contact between the Hau- Southern Quebec, Upstate New used to legitimize the lndigenous denosaunee and the Anishinaabe York, Pennsylvania while Anishinaabe tobacco, and now cannabis industries peoples. It stipulates that the Beaver territories were located in North located in the Beaver Basin. The An- Basin lands be commonly shared for Central Ontario, Manitoba and Mi- ishinaabe and Haudenosaunee are hunting and fishing. The Beaver basin chigan. both sovereign Indigenous confed- land includes the St. Lawrence low- During the fur trade, this meant eracies of nations and thus exercise lands, Southern Ontario and the in- that the Beaver Basin region could be their rights to free trade with ea- ner Great Lakes Region. It was used by either peoples to sell furs chother and surrounding nations to agreed that nobody shall outright trapped in the region. It also meant this day. own the land and that all parties in- that either party may use the land for volved in the agreement may use this farming, hunting, fishing or other region to support their families. The The Two Row Wampum

The Two Row Wampum Treaty two paths that the parties in treaties follow the same principles as includes the Haudenosaunee and the agreeance are following. The the Two Row, the later emerging gov- Dutch and was documented in 1613 metaphor states that each nation is in ernments of the United States and using the Two Row Wampum Belt. their respective boat (the canoe and Canada as well as Britain have always This is the first treaty made between the sailing ship) which also holds all been expected to respect the concept European Settlers and Indigenous of their language, culture, history, of Non-Interference in Indigenous people in North America. It eventu- religion, beliefs and politics. The two affairs. Likewise, Indigenous people ally led to later treaties with the lines are parallel indicating that one upholding the Two Row Wampum British Crown such as the Covenant shall never cross the path of the oth- don’t vote and participate within the Chain and the Canandaigua Treaty er or try to steer or interfere with the political parties of the ship. This with the United States of America. others vessel. It is often explained treaty is also strengthened by the This is an agreement of political non- that if someone tries to balance on United Nations Declaration on the interference which means that nei- both ships, they will fall in the water Rights of Indigenous People which ther side has the right to control, and drown. This means that if people protects Indigenous autonomy and alter or interfere with the others fu- try to adhere to both Colonial and self-determination. ture. This is illustrated using a belt Indigenous law they are likely to fall with two simple lines, indicating the and drown. Because subsequent

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www.DISPENSINGFREEDOM.com Fall 2018 page !51 Canadian“Cannabis Control Law” has no place on Mohawk land The MBQ’s proposed “Cannabis Control Act” is an attempt to disrupt the Mohawk cannabis industry in Tyendinaga and to put it under the control and jurisdiction of Health Canada, the Province, and the Indian Act. The Indian Act is openly and military relations gov- decision making system of the something it isn’t and to claim recognized as racist and e r n e d b y t h e Tw o R o w Kayenereko:wa – the Great national rights for itself. genocidal legislation. The In- Wampum and the Silver Peace – needing to come to The MBQ claims a right to dian Act was created in 1876 Covenant Chain. It was agreement in any changing of leadership and moral authority by the new Canadian govern- through this relationship that the status of this agreement that it does not have. Accord- ment for the express purpose the British entered the territory between the Mohawks of ing to Mohawk custom and of eliminating “Indians” and that is now known as Canada. Tyendinaga and the British convention the people do not their special nation-to-nation The terms by which the Crown. vote in Canadian elections – and treaty relationship to the Mohawks occupy the north Those councils and the including Band Council elec- British Crown. shore of Lake Ontario in rela- decision making system of the tions – but use the family- According to Prime Minis- tion to the Crown are spelled Kayenereko:wa have contin- based consensus decision ter John A. Macdonald, “The out in the Simcoe Deed of ued to exist to this day, and m a k i n g s y s t e m o f t h e great aim of our legislation has 1793. This document – which the Mohawk people have nev- Kayenereko:wa to make deci- been to do away with the trib- has the legal force of a treaty er surrendered their land or sions. The fact that MBQ rep- al system and assimilate the in Canadian law – states that their jurisdiction over it. resentatives are selected in Indian people in all respects this land (the Mohawk Tract) For the MBQ to claim in “free and fair elections” just with the other inhabitants of belongs to “the Chiefs, War- Section 2.0 of its proposed means that the few Mohawks the Dominion as speedily as riors, Women and People of “Cannabis Control Act” that it, that voted for them submitted they are fit to change.” the said Six Nations.” as an Indian Act Band Council to the Indian Act and have The Mohawks of the Bay of The land is “for the sole and creature of the Federal alienated themselves from the Quinte (MBQ) is a Canadian use and behoof of them and Government, is a “First Na- culture and decision making corporate entity created their Heirs for ever freely and tion” and that it exists as “part systems of the mainstream of through the Indian Act in order clearly of and from all manner of the Mohawk Nation and the Mohawk society. The claim to dispossess and assimilate of Rents, Fines or Services Haudenosaunee Confedera- that Section 81 of the Indian the Mohawk people of Tyendi- whatsoever.” The “full and cy” and that thereby it has Act (a means by which the naga. It operates in opposition entire possession, Use benefit “the existing and inherent right Federal government gave its to the traditions and customs and advantage of the said of self-determination, which Band Councils the power to of the Mohawk people. District or Territory of Land [is] includes the inherent jurisdic- create municipal-like bylaws The creation and contin- to be held and enjoyed by tion over their lands, people as long as they are not incon- ued existence of the MBQ them in the most free and and territory” is a blatant sistent with its wishes) over- under the Indian Act is a viola- ample manner and according falsehood and an act of eco- rules the Canadian Cannabis tion of the Mohawk Nation’s to the several Customs and nomic and political appropria- Act, or the Simcoe Deed, or relationship with the British usages by them the said tion. the protection of Aboriginal Rights in the Canadian Consti- Crown. The MBQ “Cannabis Chiefs, Warriors and People of Nor does the MBQ have tution is incorrect. Control Law” claims that the the Six Nations.” rights under Section 35 of MBQ has “consistently and The Simcoe Deed guaran- the Canadian Constitution. The MBQ claims a com- historically exercised ultimate tees that Tyendinaga Mohawk Section 35 rights belong to munity consensus that does and exclusive jurisdiction over Territory will forever be Indian Indians, and the MBQ is sup- not exist. At previous commu- the lands that they presently land, clearly reading that “It is posed to be an administrative nity meetings the MBQ govern.” This is untrue. The Our Royal Will and Pleasure arm of the Federal govern- claimed that it was passing Indian Act was initially ac- that no Transfer, Alienation, ment responsible for discharg- “interim” legislation designed cepted by a small group of Conveyance, Sale, Gift, Ex- ing the Crown’s responsibili- to prevent Provincial govern- Mohawk dissidents, against change, Lease, Property, or ties to Indians. The MBQ has ment interference in the Tyen- the will the majority of the Possession shall at any time no rights under UNDRIP, and dinaga cannabis industry. The people. The Indian Act Band be had, made, or given of the was never a party to any people gathered at these Council (MBQ) attempts to said District or Territory of any treaty made by the Mohawk or meetings never gave any exert their jurisdiction over the part or parcel thereof by and Haudenosaunee people. Of rights or ceded any authority Mohawk people and their of the said Chiefs, Warriors, note is the fact that the Cana- to the MBQ to make decisions lands has long been opposed. Women and people of the said dian government has no legal on their behalf, and they made The formal Mohawk rela- Six Nation or Body of People.” definition of the term “First clear that it would be the peo- ple who would develop any tionship with the British Crown The reference to the Nation” despite using it often. s u c h r e g u l a t i o n o f t h e predates the visit of the four “Chiefs, Warriors, Women and The MBQ uses the absence of cannabis industry, not the “Mohawk Kings” to London in People” refers to the various a legal definition of the term MBQ. 1710 and is a nation-to-nation different councils under the First Nation to portray itself as relationship defined by trade www.DISPENSINGFREEDOM.com Fall 2018 page !52 The colonial framework of the “Cannabis Control Act” Here’s the details of how the MBQ’s “Cannabis Control Act” is based on Canadian Federal and Provincial laws that violate the customs, treaties, and constitutionally protected rights of Mohawk people.

• Section 3.1 – The regula- valid Distribution Licence • Section 16 – Cannabis • Section 21.0 – Licencing tion applies to “all persons from the First Nation; “li- “Distribution licenses” will fees pay for more cops and and business entities” on cence holder” means the only be issued to entities “in enforcers. “All licencing fees Tyendinaga Mohawk Terri - holder of a valid licence which Council, or an entity shall be the method of sub- tory. from Canada or the First created by Council” has an stantially paying for the cost Nation or both; etc. ownership interest. “All li- of regulating and controlling • Section 4.1 – The regula- cence holders must comply cannabis in the Territory.” tion prohibits the cannabis • Section 9.0 – Cannabis with the provisions of this plant. “The cultivation, ex- possession in TMT is only Law, the Board regulations, • Section 22.0 – Total con- traction, processing, pro- permitted if “the cannabis any conditions to which the trol. The board is given full duction, distribution, sale, has been acquired from a licence may be subject and powers to create new cate- possession, and use of recre- licensed retailer or from a all other laws, regulations, gories of licenses, set the ational cannabis within and facility that is licensed by and policies that are applic- price of licence fees, deter- from the land or territory is Health Canada; and the able within the Territory.” In mine the operating hours of prohibited.” total amount possessed at addition, “A licence is not stores, the type of products, any given time does not valid unless and until any number of licenses, maxi- exceed limits found in The licensing fees and MBQ mum amount of cannabis a • Section 5.1 and 10.1 – A Community Contributions five person “First Nation Cannabis Act (Canada).” The store can sell in a given time prescribed by the Board Cannabis Control Board” only exception to this regu- to customer, potency limits have been paid in full.” The appointed by Band Council lation is for medical patients on cannabis, standards and board sets those fees and will run all aspects of the with a “valid prescription testing procedures, may contributions. cannabis industry at Tyendi- from a licensed medical impose fines up to $100,000 naga and liaise “regularly practitioner.” per breach; set up proce- and cooperate” with other • Section 16.16 – Anyone dures to “accurately track all jurisdictions and regulatory • Section 16.18 – ALL the with a criminal conviction cannabis sold by a cultivator, and law enforcement agen- cannabis grown in Tyendi- for an indictable offence processor, distributor, and cies (ie. Canada). This board naga must be approved by who doesn’t have a pardon retail store” and “any other is also empowered “to enter Health Canada before sale. from the Queen won’t be regulations required.” into an agreement on price The term “cultivator” as eligible for a license under and point of sale taxation defined in the document this system. • Section 24.0 – Violation of arrangements with the On- “means the holder of a valid the regulations will be “ad- tario Cannabis Store and the Standard Cultivation Li- • Section 18.0 – The federal dressed through fines and Ministry of Finance.” Board cence or Micro-cultivation government gets in every- suspension or revocation of meetings can be open or License from Health Cana- where. “The Board may en- a license,” or “investigated closed to the public at the da.” Furthermore, “No per- gage Approved Agents, by the Tyendinaga Police will of the board. Three son is eligible to apply for or which may include represen- Services, and, where appro- members are all the quorum hold a Standard Cultivation tatives of Health Canada, to priate, criminal proceedings required for any decision Licence, a Micro- cultiva- assist and advise the Board will be initiated and adjudi- making. tion Licence, a Standard in relation to “standards, cated in a court of compe- Processing or a Micro-pro- inspections and certifica- tent jurisdiction.” • Section 8.0 – The defini- cessing Licence unless the tions of facilities, equipment tions in the document imply facility from which opera- and materials, testing, stor- • Section 27.0 – According congruence and integration tions are intended to be age and handling.” to the document it was al- with Canada’s Cannabis Act. conducted has been inspect- ready enacted as is on Cultivator means the holder ed, certified and licenced by • Section 20 – The MBQ via March 31, 2019. Despite that of a “valid Standard Cultiva- the health and safety au- its control board will set fact it is nowhere available tion Licence or Micro- cul- thorities designated by the price controls “for which on the MBQ website as the tivation License from Board, which may include any cannabis product can be links to the actual law are Health Canada”, “distribu- Health Canada officials.” sold.” dead. tor” means the holder of a

www.DISPENSINGFREEDOM.com Fall 2018 page !53 “No single raindrop feels responsible for the flood” On August 29th, 2019 a new Indigenous cannabis association was created to unite and speed the expansion of Indigenous cannabis dispensaries in Anishinabek territories.

ATIKAMEKSHENG – On Thursday August 29th, 2019, approximately 65 Anishnabek people from over two dozen different communities held a historic gathering to create an associa- tion to advance the growth of the grassroots Indigenous cannabis indus- try. Representatives seeking to join the association came from as far away as Akwesasne in the East and Mishkee- gogmang in the North, and included delegations from Alderville, Atikamek- sheng, Beausoleil, Beaverhouse, Gar- den River, Moose Deer Point, Mat- achewan, Neyaashiinigmiing, Sag- amok, Serpent River, Sheguiandah, Wahgoshig, Wahnapitae, and Wik- wemikong territories. The association is named the “North Shore Anishinabek Cannabis others, he sees the cannabis industry However, the lack of such regula- Association” and is modelled on similar as a means to bring greater prosperity tion does not mean that anything goes. associations in Alderville and Pik- to Indigenous people across Canada. For the past several years, Indigenous wakanagan that were created by par- According to Naponse, “cannabis has cannabis entrepreneurs have been ticipants to self-regulate the Indige- the potential to be much bigger than holding meetings to establish their own nous cannabis industry. Over the tobacco, and now is the time to seize frameworks for Indigenous self-regula- course of the day-long meeting, atten- the opportunity – before it passes us tion of the industry. The NSACA meet- dees heard presentations about the by.” ing in Atikameksheng was merely the experiences of Indigenous dispen- latest in a series of meetings that has saries in Wahnapitae and Alderville, BAND COUNCILS IN THE brought together hundreds of Indige- and discussed how best to articulate nous cannabis industry participants in the indigenous right to participate in WAY OF THE PEOPLE meetings in Tyendinaga, Six Nations, Alderville, Pikwakanagan, and Wah- the cannabis industry. The meeting Many participants at the meeting napitae since 2016. These meetings concluded with a group of 19 people stated that despite having the support have sought to develop linkages of agreeing to step forward as an interim of their people to open dispensaries, support and nation-to-nation trading executive to do the work of building Band Council cannabis moratoriums between indigenous entrepreneurs in the association and growing the indus- were holding them back from opening different territories, and in so doing, try until the group’s next big gathering up stores and following the successful they have addressed concerns such as to be held in January of 2020. models developed in communities like product and community safety, and Alderville, Pikwakanagan, Tyendinaga The event was sponsored by Bob’s how best to give back to those in and Kanehsatake. Each of these com- Smoke Shop in Atikameksheng, the need. (The full text of the framework munities has a thriving Indigenous Creator’s Choice dispensary in Wah- discussed at the August 29th meeting cannabis industry that employs hun- napitae, and Victory Gardens, a garden in Atikameksheng is available on the dreds of community members. Al- and cultivation supply store geared to NSACA website.) the cannabis industry. The gathering though there are now more than 100 was held at the camp of Anishnawbek Indigenous cannabis dispensaries cur- Attempting to get out in front of the businessman Bob Naponse. Naponse rently operating in Ontario, none of Indigenous cannabis movement pick- has been active in the tobacco industry them are sanctioned by Provincial, ing up speed in other communities, for the past 16 years, and like many Federal, or Band Council regulations. Band Councils in Atikameksheng, www.DISPENSINGFREEDOM.com JANuary 2020 page 54! The meeting was held in the centre of Atikameksheng territory.

Neyaashiinigmiing, Wikwemikong and their own territory was deeply frustrat- Johnston-Reyes added, “I’m ready to elsewhere have imposed cannabis ing to many attendees. Don McGregor, open, but I’m debating if I should wait moratoriums to prevent grassroots from Whitefish River First Nation, has for council to get up and do it or if I people from opening stores. Many of secured a building for his business should join the association and just these same Band Councils have since and has the support of his people, but pull the trigger.” applied for Provincial licenses and has been waiting for more than a year Host Bob Naponse concurred. In thereby invited outside jurisdiction, to get a formal okay from Chief and speaking of how Atikameksheng’s taxation and regulatory oversight on Council to open his store. According Band Council imposed a cannabis reserve – all without any consultation to McGregor, “We’ve been more than moratorium while also seeking a pro- with their membership. patient. We’ve tried to meet with Chief vincial license, Naponse said “It’s con- and Council – we’ve sent them letters, In contrast, the members of the fusing as a business person. More we sent them information, we’ve NSACA are clearly focused on provid- importantly, as band members, collec- booked meetings – but at the last ing pesticide-free medicinal cannabis tively we have to know what our minute the meeting was canceled.” from Indigenous sources to people in moves are, and what our inherent McGregor added, “We’ve done our need. While the rules by which Pro- rights are concerning sovereignty so part in terms of due diligence, so we’re vincial dispensaries operate require we can move forward and help our just tired of waiting, and I am ready to them to be recreational and not medi- leaders be stronger at the negotiation open.” cinal – LPs are not allowed to refer to table.” the therapeutic or medicinal benefits Over in Neyaashiinigmiing, partici- of cannabis – Indigenous cannabis pant Lance Johnston-Reyes is facing retailers can’t help but see the medici- similar challenges. In that community, RED FEATHER nal benefits of cannabis in everything efforts made by Wiisag, a cannabis The meeting also received a pre- they do. According to Derek Roque, corporation headquartered in the sentation from representatives from owner of Creator’s Choice in Wahnapi- community, provoked a backlash after Medicine Wheel Natural Healing in tae, multiple clients of his dispensary locals became alarmed by the scale of Alderville about Red Feather certifica- have replaced their dependence on the company’s project and the links tion. Red Feather is a means to ensure pharmaceuticals with CBD and THC between Wiisag’s founders and the that industry participants can access based products. Others, like MS pa- disgraced Buchanan Renewables Indigenous made cannabis products tient Sandy Stretch, can only find the company – exposed in a series of re- that are pesticide free, tested for their medicine they need in Indigenous ports by the NGO Accountability CBD and THC levels, and give back a cannabis stores because Canadian Counsel. As Johnston-Reyes stated, portion of their proceeds to an Indige- stores simply don’t offer the same “Recently there was a BCR put into nous cause or community. As range of products. place to stop Wiisag from doing its spokesperson Devon Hartmann noted, outdoor grow-op. So the BCR froze all “we want this stamp on every product The fact that Band Councils are the cannabis development by rezoning to identify it as an Indigenous made imposing moratoriums that prohibit the entire reserve as an area where product that is held to a higher stan- their own people from accessing the cannabis could not be grown or sold.” dard of quality." benefits of the cannabis industry on www.DISPENSINGFREEDOM.com JANuary 2020 page 55! our own lands and resources to pro- vide medicines or grow our economy. According to Anishinabek cus- toms and conventions, we have the right to act freely on our own tradi- tional territories as long as we do not cause harm to others. The regulatory structures that we have adopted through the NSACA are in keeping with the customs and conventions of our people and ensure that the In- digenous cannabis industry will bene- fit our people and cause no harm to anyone. Our view on our right to establish medicinal cannabis dispensaries on our own land is consistent with the consensus in international law ex- pressed in the UN Declaration on the Rights of Indigenous People. Article 20 of this declaration states that “In- digenous peoples have the right to maintain and develop their political, Derek Roque suggested that the naabe – to add cannabis to their economic and social systems or insti- Red Feather program could grow to “medicine bundle” and to provide the tutions, to be secure in the enjoyment end up with a comprehensive “indige- herb to others as a medicine as long of their own means of subsistence nous website that we can all pick as the provider causes no harm and is and development, and to engage from. It's bigger than just one com- operating on Indian land. freely in all their traditional and other munity – what we are doing is bring- Band Councils created under economic activities.” Article 24 states ing back nation-to-nation trading.” Canada’s Indian Act do not hold that “Indigenous peoples have the Because dispensaries like Creator’s treaty or Aboriginal rights, and the right to their traditional medicines and Choice grow all of their own product, moratoriums they have passed with- to maintain their health practices, Roque added that “we can assure our out the people’s consent or input, including the conservation of their customers that we have a tested violate our individual and collective vital medicinal plants, animals and product and that we know where it Aboriginal rights according to both minerals.” comes from, because we grow it our- Anishinabek customs and conven- selves.” And unlike the 90+ pesticides One of the goals of the gathering tions, and Section 35 of the Canadian and herbicides that Health Canada was to use this rights framework to constitution. approves for government grown increase the number of medicinal In- cannabis, Roque’s and many other The Canadian legalization of digenous cannabis dispensaries op- Indigneous cannabis grows use no cannabis occurred without consulta- erating on Indigenous lands exponen- pesticides or herbicides at all. tion with any Indigenous peoples, tially. Instead of the 100 or so Indige- including the Anishinabek. The nous dispensaries currently operating Cannabis Act is a legalization of on a sovereign basis in Ontario, orga- THE INDIGENOUS RIGHTS recreational cannabis with responsibil- nizers raised the possibility of having FRAMEWORK ities delegated to the provinces 1000 such dispensaries trading through profit-seeking Crown corpo- amongst each other to provide the Another major part of the day’s rations. Following the principles of the Indigenous grown, pesticide-free, discussion focussed on the rights Two Row Wampum, Indigenous medicinal grade cannabis that has framework to be advanced. Those grown, pesticide-free cannabis that is brought Canadians flocking in such present made clear their wishes to provided as a natural medicine in ac- great numbers to buy cannabis in advance their sovereign rights and cordance with Anishinabek customs Alderville, Tyendinaga, and other assert Indigenous jurisdiction over the and conventions does not belong in communities which have embraced cannabis industry – with or without the world of the “ship” and should be the cannabis industry. the support of the Indian Act Band instead regulated by Indigenous peo- Councils. The essence of the rights While such an expansion would ple according to the customs and framework discussed at the meeting not go unopposed by the Canadian conventions of the “canoe.” The prov- was as follows: system, delegates at the meeting ex- ince has no jurisdiction on Indigenous pressed their willingness to put their Individual Indigenous people have territories, and nor does the Federal bodies on the line to advance their the Aboriginal right – under both the government have the right to dictate rights. One major advance in this re- Canadian constitution and the cus- to Anishinabek people how we use gard was the decision made by the toms and conventions of the Anishi- Chiefs of Ontario on June 13th 2019 www.DISPENSINGFREEDOM.com JANuary 2020 page 56! to pass a resolution asserting the au- Roque spoke from his own experi- What the August 29th gathering repre- tonomy of individual First Nations to ence of having his shop raided twice sented is the continued coming to- choose their own path concerning by the OPP. “Now is the time to stand gether of those raindrops into a force cannabis regulation on their territories. up and assert your jurisdiction. Don’t that can sweep away the obstacles to That puts the grassroots people in a be scared, they don’t want to take you Indigenous freedom and empower- much stronger position to protect their to jail, they aren’t taking anything away ment. industry, because all they have to do is from you. They are trying to scare you.” The NSACA gathering concluded get their local leadership on board and Roque concluded by noting the irony with a series of medicine songs that convince them not to call in the police that when he was arrested and hand- were sung to wake up the people and to repress their own people. cuffed, “they brought me to the police to invite creation to “support the spirit station, and the cop who took the cuffs Referencing the Chiefs of Ontario of this movement” in this time of off was a Creator’s Choice customer.” resolution, Derek Roque spoke on the prophecy and great change. need to continue to push forward. “We Despite the real risks of facing state After the meeting ended, the joints have them on the ropes, we do not repression and conflict within their own came out and participants passed need to be scared. Keep the drive communities, the people who gathered them around – and continued to enjoy alive, keep pushing. Because as soon were aware of the importance of this each other’s company until the sun set as we start backing down – never mind moment and of the possibilities that on the forested paradise that is reconciliation – the Indian Act is on the the Indigenous cannabis movement Atikameksheng. chopping block, tobacco is on the could bring about true economic inde- chopping block, and they do not even pendence and freedom for Indigenous For more information or to join the want cannabis to get on the block.” people right across Turtle Island. As North Shore Anishinabek Cannabis one concluding speaker put it, “no Association, visit www.northshore- raindrop feels responsible for a flood.” cannabis.org

“At least 175 food plants and 52 beverage plants were gathered by Native Peoples in eastern Canada. Iroquoian agriculturalists of southern Ontario cultivated corn, beans, squash, tobacco, and sunflowers, and gathered the greatest variety of food plants…. Nutritional data for gathered plants indicate that many of these species exceed conventional plant sources for vitamins and minerals. Vitamin A, vitamin C, calcium, iron, and fibre are particularly well represented in certain gathered plants. Over 400 plants are used in native medicine…. Conifers were the most widely used group of plants in this category. Antibiotic monoterpenes, polyacetylenes and alkaloids, astringent tannins, and analgesic monoterpenes and salicylates are among the most rationally and widely used plant constituents.” - Thor Arnason et al. Canadian Journal of Botany.

www.DISPENSINGFREEDOM.com JANuary 2020 page 57! english - MOHAWK Cannabis Dictionary ENGLISH KANIEN'KÉHA (MOHAWK) Bath Bombs Yontawenstáhkwa Watera'neká:rons Cannabis Óhskare Cannabutter Óhskare Kawistohseronnyà:ton CBD Yakonnhiyóhstha Concentrate Kahskara'shatsténston Dispensary Óhskare Tyontenhninòn:tha Edible Yakohsyá:rara’s Flower Otsì:tsya Green Óhonte Greened Out Óhskare yakononhwaktaní:hen Grinder Tekatsi'tsyahríhtha Grow Op Tsi Tkayénthon Hash Kahskarahstóhton Indica Yakoserénhtara’s nikahskarò:ten Medicine Onónhkwa Oil Kén:ye Rolling Paper Yehwe'nonnyà:tha Kahyatónhsera Salve Yakenyenárhos Sativa Yakoyé:’on nikahskarò:ten Yotsikhe'tahní:ron Shatter kahskara'shatsténhston Tea Yonerahtóhon / tí: THC Yakotonnhárha Tincture Óhskare kahneka’shátste Toke Satshó:ko Vapourizer Otshá:ta yontshokwà:tha Wax / dabs / budder Yawenyenahní:ron Weed (slang term) Kayen'kwáksen

Brought to you with the support of (613) 242-5413 Open: 8am-10pm 11 Bayshore Rd. Tyendinaga Mohawk Territory www.DISPENSINGFREEDOM.com Fall 2018 page !58 Science in the service of Indigenous cannabis Over the last year, Indigenous DUI test), and the Mass Spectrono- ments and pee tests. There are al- Cannabis dispensaries in Tyendinaga my part figures out what its partner ways new and exciting substances to and Alderville have been at the lead- just revealed. The HPLC part is like be found in drugs, not all of them ing edge of science and technology in exciting, expanding and cutting open good. To quote a real world example, their communities. Seeking to better a magic 8 ball, and once you do that, the rising amount of Fentanyl mixed articulate their own safety standards the MS part comes in, identifying with recreational street drugs has and to better be able to understand whatever it finds. been a wakeup call. The ‘dirty drugs’ the nature of the cannabis plant for The Mass Spectronomy part coming through tainted supply the benefit of their clients, high tech doesn't know what it’s going to find, chains are leading to an epidemic of testing labs have been established at so it finds everything. This is espe- drug-related deaths. Legacy 420 in Tyendinaga and Medi- cially useful when researchers want HPLCMS technology is one of cine Wheel Natural Healing in to find out what’s in something, but the best tools producers can use to Alderville. have no idea what they’re looking keep their business, staff and cus- The cost of establishing these for. tomers safe and happy. You wouldn’t labs is significant, and it is fair to say The HPLC part liquifies and bite into a sandwich if you weren’t that they would not have been creat- ionizes whatever you want analyzed, sure that the people at the food ed if it was not for the phenomenon spreading it out into what’s called an plant knew what they were putting of cannabis dispensaries opening up eluate (the material you’ve extracted into your cheese. And you wouldn’t on reserve over the last two years. that you want to study) so it’s easier take medication from your doctor The technology that these labs use is to pick apart. By exciting (ionizing) unless you knew it was subject to known as High Performance Liquid the molecules, you can spread them strict quality control testing. Chromatography Mass Spectrometry out, taking just a small sample of When it comes to Indigenous (HPLCMS). that eluate in a gaseous or liquid cannabis used for medicine, the same The scientific technique behind from, and look at it really closely. logic applies. Science and quality HPLCMS systems is basically the Then the MS part comes along and control techniques put at the service practice of exciting, liquifying, sepa- takes a really good look at what of Indigenous people has great rating and naming the separate parts you’ve found. emancipatory power. And the more of any chemical, organic or inorganic This technology is a mainstay in professional and self-monitored the mixture. The system does this by fields like Therapeutic Drug Moni- Indigenous cannabis industry be- combining the practices of Liquid toring and Toxicology and it’s also comes, the more people will take it Chromatography (HPLC) and Mass huge in the field of Anti-Doping. seriously as an alternative to Spectronomy (MS). The technique cannabis produced by the Crown. The MS screening, like a fishing began in the 1950’s and has been get- People want their medication to be dragnet, was catching a much higher ting more and more reliable since safe. And with HPLCMS technology, percentage of all the trash floating the 1970’s. not only is it possible to identify the around in the athletes’ bloodstream. cleanest and most potent cannabis, The HPLC part does the liquify- And because it wasn’t looking for but it also becomes possible to ‘tai- ing and the separating through a anything specific, it dragged every- lor’ certain strains of cannabis to process called ionization (exciting thing to the surface. the particles’ ions through mild elec- function better as medicine to deal This technology can be used for tricity and then putting those excit- with certain ailments. so much more than science experi- ed molecules under a really good

www.DISPENSINGFREEDOM.com Fall 2018 page !59 INDIGENOUS CANNABIS spring 2018 page 60!