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Membertou First Nation’s chief and council are resetting the cannabis law process they have been working on for several years because they feel it needs more community participation and perspectives.
Retired senator Dan Christmas, whom Chief Terry Paul asked to lead the original process in 2023, says the chief and band council want to make sure the path forward reflects what the community members want and need.
Originally, the plan under the now-defunct Cannabis Law Working Group was that a plebiscite community vote would be held this year for adult voters over the age of 18. It would have to pass before it would be brought into Membertou law by the chief and council.
Consultation workshops were held during 2025 among the public and special interest groups including cannabis retail sellers.
An early draft plan was presented at those meetings.
The plan prioritized safety for youth and community members. It proposed that based on its aboriginal and treaty rights, Membertou would exercise its right of self-government and license cannabis retailers itself. The condition of the license would be that stores would relocate to a commercial area.
Membertou chief and band council have indicated any relocation would offer the following: better legal protection by taking them out of the “grey zone” that now exists; a valid sales license; putting stores clearly in a legal area where they can operate; and providing areas in Membertou that are set up as cannabis commercial through zoning. Additionally, Membertou would offer to build high-standard buildings where space would be leased for the cannabis stores.
Retired Senator Dan Christmas announced Tuesday that the creation of a cannabis law for Membertou is still an on-going process and is asking the First Nation’s adult community to fill out an on-line survey so the Chief and Council can determine community priorities and needs. CONTRIBUTED
“There’s a lot of incentive being offered to encourage the independent store owners to move into a commercial zone and become open, public, well-accessed, lots of security, lots of lighting, lots of safety; and put them into a prime commercial area where they can be easily accessed,” Christmas said last year.
Also, the issue of quality control of product would be addressed if Membertou acts as the wholesaler and distribution centre. The cannabis product would be monitored and tested before going on store shelves.
Last fall, tensions between the provincial government heightened when the province gave notice it would more vigorously enforce its Cannabis Law. Since then, it has followed through with raids on dispensaries in First Nation communities and has brought more anxiety and a sense of urgency to the Mi’kmaq Nation all through Nova Scotia.
“Just remember that what happens in one reserve directly affects and influences what happens in other reserves,” said Tyler J. Bernard, a Mi’kma’ki activist in Unama’ki. “How the government makes laws around those actions — even if it’s just one reserve — what that one reserve chooses to do with cannabis impacts all of our reserves and land decisions across Mi’kma’ki. We are all connected and family.”
Bernard, who is not a member of Membertou, said new on-reserve laws should not be for Membertou only.
“This affects all reserves directly and lawfully,” he said.
According to Christmas, the Membertou law will be grounded in safety, self-governance and Mi’kmaq values.
“In 2025, we heard many perspectives. We also heard that we need more time to listen before a new cannabis law is written and brought forward for a community vote. It’s important this process reflects the voices, priorities and values of our community.”
He said they have just released a survey to be filled out by Membertou adults over the age of 18.
“Feedback is important to help guide what the law should focus on; what community priorities should come first; how cannabis should be sold in Membertou; and how the community can share in benefits of cannabis sales,” said Christmas.
Information about the survey can be found on the Membertou Cannabis Law Information Facebook page and no personal information will be shared.
Rosemary Godin is the Local Journalism Initiative Reporter for the Cape Breton Post, a position funded by the federal government.
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