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Fight may be coming over cannabis laws

A storm may be brewing within the Legislative Assembly over the territory’s proposed cannabis regulations, which are to take effect this summer after passing through the house.

A co-chair of a regular-MLA committee that visited 16 communities over 11 days, on a tour that ended last Thursday, said common concerns were raised all throughout the NWT’s regions about how Bill 6 should roll out.

Back row from left: Joe Nasogaluak, Mayor Merven Gruben, Kevin O'Reilly, Jackie Jacobson and Fredrick Blake Jr. Front row from left: Danny McNeely and Kieron Testart. The group were some of the council members and MLAs who attended the consultations on cannabis which took place in Tuktoyaktuk. photo courtesy of Kieron Testart

“(Something) we've heard quite, quite clearly was that no matter the size of the community, people want local cannabis stores,” said Kam Lake MLA Kieron Testart to News/North as consultations wrapped up last week.

He listed Ulukhaktok, Tuktoyaktuk, Fort McPherson, Behchoko and Deline as examples of communities that were outspoken on this.

“People want local cannabis stores that are operated by the Indigenous government at the community level.”

Citing Deline as a specific example, Testart said the standing committee on social development and government operations found this opinion throughout the community, despite Deline not allowing alcohol.

“We spoke to a lot of people there – not just, you know, just three or four privatization advocates. We talked to elders, we talk to young people, we talked to the RCMP, we talked to self-government officials.”

According to current publicly-available information, the GNWT will – at first – only allow cannabis to be sold through liquor stores, in communities that have them, or through a GNWT-controlled online store.

Communities can also decide via plebiscite whether to ban cannabis from their premises, unless a liquor store has already begun selling it within their limits.

Last week, another media organization reported a Behchoko woman asking whether the Tlicho Government was beholden to the NWT’s cannabis regulations, or whether it could make its own, as a self-government.

In an email reply, GNWT spokesperson Todd Sasaki wrote that law-making powers given to self-governments – of which there are right now only two; one in Deline and one in the Tlicho region – do not include authority to make laws on controlled substances, intoxicants or liquor.

Sasaki wrote that their agreements do give them power on what can be done on their lands – so whether intoxicants can be sold, transported, possessed or used.

“The treaties are also clear that federal and NWT laws of general application apply on their lands and in their communities,” he wrote.

The GNWT has, however, repeatedly stated that the legislation leaves the door open to private stores being allowed, on a case-by-case basis and at the finance minister’s discretion.

Testart doesn’t believe this is good enough and said this concentrates too much decision-making in the minister’s office.

“I'm just not convinced on a personal or political level that the premier and cabinet have any intention of allowing private stores,” said Testart.

He says the committee will be recommending amendments to the act to loosen the regulations around private stores. Those amendments can either be made with the cooperation of Justice Minister Louis Sebert at the committee stage, which is now, or, if that doesn’t happen, through debates and votes during session in the Legislative Assembly.

Testart says he considers it important to get the bill right the first time, as the process to fight for amendments can drag on for years, or sometimes decades.

Another large concern, Testart said, was around the resources that will be made available for communities. Some things people brought up were the need for youth workers, information sessions and government-supported peer support groups.

Testart said the financial matters are outside the scope of the committee’s review, but that regular MLAs have been calling for more clarity on what resources will be made available to communities.

“The budget was completely silent on cannabis,” said Testart, “and I think that was a huge mistake. And Northerners deserve to know what resources are being earmarked.”

Testart says cabinet has committed to supplementary appropriation measures to address the costs.

“Now if they don't bring forth a spending bill, I think we're going to have problems and we'll have to put a lot of political pressure on the premier and cabinet to take action, but I can't speak to their intentions at this point,” said Testart.

Both K'asho Got'ine Community Council Chief Wilfred McNeely Jr. and Behdzi Ahda First Nation Chief Wilbert Kochon told media they wanted Sahtu Dene to benefit from legal cannabis, but their proposols were shut down. News/North did not hear back from Kochon by press time and McNeely was out of cell range.

Testart said one of the highlights of the community was engaging with youth, which are a main concern in this legislation. He said the committee heard a wealth of balanced, level-headed opinions from youth around the territory.