BC Freedom of Information and Privacy Association
Your Data Your Rights
Federal Court documents obtained by The Eastern Door have shed more light on the notice of application for judicial review filed against the Mohawk Council of Kahnawake (MCK) and the Kahnawake Cannabis Control Board (KCCB) by a community member.
The notice of application, which was filed on July 25, was made by community member Treena Delisle, who had applied for a Standard Processing Licence from the KCCB for her business, The Kannabis Shop, in the fall of 2024.
According to the documents, representatives of The Kannabis Shop had started meeting with members of the MCK in the fall of 2021 and early 2022 to discuss their business concept, subsequent to the enacting of the the Kahnawake Cannabis Control Law and Regulations in October 2021.
Businesses that wish to hold a processing license are not the same as retail facilities, which are not currently permitted in Kahnawake. Processing facilities, unlike retail facilities, are subject to Health Canada requirements, and as per the federal court documents, representatives of The Kannabis Shop were in the process of becoming licensed by Health Canada while maintaining regular communication with the MCK on their progress.
The documents also claim that the MCK provided a letter of support for The Kannabis Shop to continue working towards the Health Canada licensing requirements, with both Council and The Kannabis Shop beginning “serious discussions” on collaborating for submissions to Health Canada for licensing purposes in or about June 2022.
The Kannabis Shop took steps to become licensed with Health Canada upon receiving the MCK’s letter of support, and finished the application for licensing in April 2024.
That same spring and summer, Health Canada submitted additional requests for information to The Kannabis Shop, and decided it was satisfied with that additional information in July of that year, when it advised it would be proceeding with processing the license review and subsequent approval, according to the documents.
The Kannabis Shop was allegedly advised on an “informal and confidential basis” that Health Canada had approved the processing license in August 2024, and they would receive confirmation in writing by the end of the month.
The documents outline allegations of a subsequent issue with the processing, in that a Health Canada representative contacted a representative of The Kannabis Shop to advise them that the KCCB had been notified of the license approval and had raised a problem with the listed “responsible person.”
That person was Paul Rice, who had just been elected as an MCK chief in July, shortly before the alleged tentative approval.
Since Rice was elected to Council, a process was allegedly in place to replace him at The Kannabis Shop, which was told to the then KCCB manager, Matthew Ferrante, with paperwork submitted to Health Canada before the end of August.
In early September, the documents state that Health Canada invoiced The Kannabis Shop for its annual membership fee, which was paid, and a representative followed up with Ferrante to confirm that Health Canada received the paperwork and processed the change, but were unable to reach him.
According to the documents, The Kannabis Shop learned that Ferrante had been put on administrative leave and that MCK’s lawyer had allegedly contacted Health Canada to request they not issue a license to The Kannabis Shop.
Representatives for The Kannabis Shop allegedly spoke with MCK chief Tonya Perron who confirmed that she had instructed MCK’s lawyer to tell Health Canada not to issue the license. The documents state that the subsequent process of gaining a KCCB processing license was delayed and stalled until October 2024, when the KCCB officially refused The Kannabis Shop’s application for a processing license.
Per the federal court documents, that refusal letter from the KCCB stated there were multiple issues with their application. Those allegedly included site ownership discrepancies and incomplete personal information as well as concerns regarding the involvement of Ryan “Chucky” McComber due to “undisclosed ownership or investment” and “character and suitability concerns.”
The court documents state that the applicants allege that this refusal letter is “replete with inaccuracies, incorrect statements, and unfounded allegations,” which they say is an “unsubstantiated character attack” on The Kannabis Shop representatives and others.
Part of the reason why Delisle has submitted the application for judicial review on behalf of The Kannabis Shop relies on the lack of appeal process – though the KCCB allegedly told The Kannabis Shop representatives that they could appeal the decision at the MCK Administrative Tribunal, they were allegedly told by the Justice Services Division of the MCK that that tribunal was “not yet operational.”
The documents also allege that the KCCB refused to engage with representatives of The Kannabis Shop, and that the MCK also would not address the matter or meet with representatives either.
Health Canada subsequently informed The Kannabis Shop that they had not been approved for a license and in the spring of 2025, representatives received a $23,000 cheque from the government that they were allegedly able to confirm was the refund of the Health Canada membership fee from September of the previous year. The Kannabis Shop representatives allege they have had no further updates or information from Health Canada.
The documents say that the KCCB is now a “legal fiction” since it became non-operational after resignations in June, leaving The Kannabis Shop with no recourse to pursue licensing. The court documents also allege that The Kannabis Shop was subject to a lack of procedural fairness and that the refusal of the application by the KCCB was unreasonable and incorrect.
Lawyers for the applicants did not respond to The Eastern Door’s request for comment before our publishing deadline. The MCK said in a press release on July 31 that it “strongly refutes the allegations set out in the application and will take all necessary legal steps to oppose the proceedings.”
Representatives for the MCK said they would not be able to provide further comment since the matter is now before the courts.
eve@easterndoor.com
Eve Cable, Local Journalism Initiative Reporter
The Local Journalism Initiative (LJI) is a federally funded program to add coverage in under-covered areas or on under-covered issues. This content is created and submitted by participating publishers and is not edited. Access can also be gained by registering and logging in at: https://lji-ijl.ca
You can support trusted and verified news content like this.
FIPA’s news monitor subscribers, donors and funders help make these available to everyone rather than behind a paywall. We appreciate every contribution because it makes a difference.
If you found this article interesting and useful, please consider contributing here.
