Nova Scotia’s premier says he’s unfazed after the Sipekne’katik First Nation passed a resolution banning him and two of his cabinet ministers from band lands.
In their announcement, Sipekne’katik First Nation called the three politicians “undesirables.”
When asked what he thought about the ban, Houston replied, “Why is that? Why was I banned?” and said he didn’t know.
“It’s still Canada. You know, to have somebody banned from our community with an ‘or else’ statement is kind of bizarre for me,” Houston said.
“But I’m not focused on that. I’m focused on keeping Nova Scotians safe and doing what’s right for Nova Scotians.”
Sipekne’katik’s move this week comes after Justice Minister Scott Armstrong issued a directive last week to the province’s police agencies to crack down on illegal cannabis dispensaries.
He said a recent provincial review found at least 118 illegal outlets were in operation in comparison to 51 legal NSLC cannabis stores.
Although he couldn’t say specifically how many of those dispensaries are in First Nations communities, Armstrong sent a letter to 13 Mi’kmaq chiefs to ask for their “co-operation with a growing public safety problem.”
In a news release issued Tuesday, Sipekne’katik said its chief and council oversee their lands and the provincial government “has NO JURISDICTION on reserve lands.”
The ban applies to Houston, Armstrong, and Minister Responsible for L’nu Affairs Leah Martin.
“They don’t have our best interest at heart,” Chief Michelle Glasgow is quoted as saying in the release.
“(T)his banning is not for our protection, but for theirs.”
First Nations cannabis advocates have argued that police action against these cannabis dispensaries is an attack on Mi’kmaq sovereignty.
“That has not been established,” Armstrong told reporters on Dec. 4, in reference to treaty rights.
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Houston echoed this sentiment Wednesday.
“I think the courts have been very clear on the legal status of illegal cannabis in province. It is illegal for a reason. And the court cases have also spoke to that — it’s not a treaty right,” Houston said.
“So I have an obligation to keep Nova Scotians safe, to do what I can for public safety, to uphold the law.”
However, legal expert and Dalhousie University professor Wayne MacKay said it’s “premature” to frame the court’s decision this way.
“I think it’s premature to say that because the courts who interpret those kind of rights have not determined one way or the other yet, and there are court challenges currently going on on exactly that kind of issue,” he said.
“From a legal point of view, I think when you’re doing something that’s not normally something you do — directing the police to enforce a particular law — they should be particularly careful in doing that when there are constitutional questions that have not been resolved.”
The premier told reporters on Wednesday that there are “multiple sides to the story” and there are voices not heard from when it comes to illegal cannabis operations.
“I actually hear from lots of people who live in communities who are not happy with the illegal cannabis in their communities, not happy with the the traffic that’s coming and the people that are coming to their communities to buy an illegal product,” he said.
‘Eroding’ relationship
Sipekne’katik is joined by other First Nations in taking steps against the cannabis directive. Pictou Landing First Nation Chief Tamara Young announced over the weekend that RCMP are “not to come into (the) community” until further notice.
Trina Roache, an assistant professor at the School of Journalism at the University of King’s College and a member of the Glooscap First Nation, said tension between the premier and some Mi’kmaq communities has been noticeable.
Sipekne’katik’s news release Tuesday quoted Chief Glasgow as saying Houston hasn’t visited her community during his term to “develop relationships” with their leadership.
“I was at the Treaty Day celebrations and the leadership were talking about the absence of the premier at those events. The premier is always there, typically, historically for Treaty Day celebrations but Premier Houston was not,” Roache said.
“This is a real sign of the state of the relationship that is eroding between the province and the Mi’kmaq leadership at this time,” she said of Sipekne’katik’s ban.
“I think it’s fair to say that the Mi’kmaq community are frustrated and that the leadership feels there’s a disrespect in what’s happening.”
She said in addition to the cannabis dispensaries, a recent omnibus bill that would make it illegal to block forest access roads on Crown lands was seen as an attempt to overstep Mi’kmaq rights.
“It’s 2025. Mi’kmaq people are not going anywhere, they have treaty rights, there’s lots of opportunity to work together and be collaborative. And if you’re just trying to maintain sort of an iron grip or control, that’s not going to work,” she said.
In terms of his relationships with Mi’kmaq communities, Houston told reporters “we’ll work with anyone.”
“Hopefully the chiefs and community leadership will work with us on this issue and I know — I believe — some of them will,” he said.
— with files from Angela Capobianco
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