Dear Ms. Budgell and Ms. Nisbet:
On behalf of the National Indigenous Economic Development Board, we would like to thank you for keeping the Board informed of the launch of the legislative review of the Cannabis Act. There was a discussion of these issues at a Board meeting last December, and in response to your call for comments to inform the legislative review in its initial phase, I would like to offer our thoughts on the issues at play.
As noted previously, the initial roll-out of the Cannabis Act was unfortunately consistent with a long-standing pattern of the federal government of excluding Indigenous Peoples from participating in emerging industries and in legislative developments that impact them. While we appreciate the inclusion of Indigenous engagement as part of this legislative review, such discussions should have taken place years ago rather than being treated as an afterthought.
Specific to your summary report, and taking into account the points above, the Board would like to identify areas that must be prioritized in the implementation of addressing the impacts of the Cannabis Act on Indigenous Peoples.
Generally speaking, Indigenous communities share the Government of Canada’s primary objectives to protect public health and safety, protect youth, ensure a safe and secure supply, and keep profits out of the pockets of organized crime. But better opportunities for Indigenous Peoples to participate in the cannabis economy are required. We know, however, that significant barriers to such participation include access to expertise and information, skills training and capacity building, financial capital, and engagement and planning on specific approaches to cannabis.
Research on cannabis perspectives and use: Ensuring equity and inclusion in cannabis research is a crucial first step. Health Canada should contract an Indigenous research firm to lead this process to help ensure support for self-determination not only in the health and wellness of Indigenous Peoples, but also in providing mentorship and leadership opportunities for Indigenous individuals who have the relevant expertise on this topic.
In addition, public health strategies can benefit from a deeper understanding of the motives for cannabis use among Indigenous Peoples – including understanding both the risks of problematic use and the potential benefits of therapeutic use. Health Canada must also learn from the Indigenous-specific factors associated with cannabis use including well-being and income factors, along with intergenerational trauma and poor physical and mental health factors to be able to support health and wellness in Indigenous communities and inform public health programming.
Impacts on Public Health: The NIEDB supports the provision of culturally specific public education materials on the legislation pertaining to the legalization and health effects of cannabis, as well as access to, and funding for, culturally specific mental health and addictions services. That being said, Health Canada must provide opportunities for Indigenous Peoples to exercise sovereignty and jurisdiction in this area, as well as in relation to access to plant medicines to assist with traditional ways of managing their own health, including mental health, harm reduction, and addictions. There is a clear opportunity for Indigenous communities to play a more active role in customizing healing options and facilitating treatments.
Jurisdiction, legalization and regulation of cannabis: In response to the need for creating Indigenous-specific jurisdictional authorities and legal framework under the Cannabis Act, Health Canada has proposed to provide “free, prior and informed consent to federally regulated cannabis activities taking place in Indigenous communities, including an authority and clear process to limit or ban cannabis entirely”. NIEDB has a strong interest in understanding how Health Canada plans to implement the right of “free, prior and informed consent” in this context.
Indigenous Peoples want to be able to operate cannabis businesses on their lands in a way consistent with the community’s own interests. The Government of Canada must create a legislative and regulatory framework that supports cannabis-related economic development within Indigenous communities, where communities choose to undertake such activities. The development of rules and regulations through Indigenous legal systems may enable communities to align their economic goals with their own principles and values.
Economic Development and Cannabis Supply Chain Participation: While Health Canada has established some mechanisms for Indigenous participation in federally regulated commercial cannabis activities, Indigenous communities demand full participation in the economic opportunities and own source revenue potential brought about by the legalization of cannabis. To address this need, the NIEDB recommends that Health Canada work with ISC and an existing national Indigenous economic organization such as Cando to build Indigenous economic capacity and promote leading practices within the cannabis industry.
Another key mechanism for supporting the growth of Indigenous economies in the cannabis industry across Canada includes increased support for Aboriginal Financial Institutions. Health Canada should work with ISC and NACCA to involve and support these institutions in creating jobs and businesses to ensure that economic opportunities associated with cannabis bring benefits to community members.
Health Canada must also work with ESDC and ISC to develop strategies to mobilize and train Indigenous youth – a largely untapped source of labour for Canadian business – by providing entrepreneurship and leadership training to support the growth of Indigenous economies. Such action does not need to be specific to the cannabis industry.
In this context, the NIEDB supports the BC Cannabis initiative, which involves Health Canada, the Government of British Columbia, the First Nations Leadership Council Cannabis (FNLC), and Indigenous Services Canada. This initiative will facilitate collaboration across federal, provincial, First Nation governments, Indigenous communities and industry professionals to create greater opportunities for Indigenous participation in the regulated cannabis market in BC. We hope that lessons learned from this initiative will be shared nationally and inform greater Indigenous participation in the cannabis economy across the country.
Public safety: Le Cannabis Act fails to permit Indigenous Peoples to enforce their own community laws and cannabis control frameworks. As such, this review could be an opportunity for economic reconciliation between First Nations, Métis, and Inuit peoples, and Canadian legal and governmental institutions. In addition to the chance to redress past harms, such as the disproportionate impact cannabis prohibition has had on Indigenous Peoples in Canada, legalization is an opportunity for Indigenous communities to begin implementing their own economic and justice systems in a meaningful way.
Further steps will be required to ensure that Indigenous communities have the proper controls in place to manage the social impacts and public safety concerns related to the cannabis industry. Health Canada should be providing support and assistance to interested Indigenous communities with establishing the appropriate legal frameworks and tools, including the provision of industry expertise to provide the information required for full participation in the cannabis industry. Such steps should be undertaken in concert with a national Indigenous economic organization such as Cando.
Engagement during the legislative review: More inclusive approaches need to be taken to co-develop future cannabis-related policies, strategies, and plans with Indigenous Peoples. Indigenous leaders should participate directly in the legislative review, perhaps through the formation of a federal Indigenous Cannabis Working Group. As shared at our December 2021 meeting, the NIEDB encourages you to consider developing such a Working Group as part of your consultation and engagement process to provide you with expert advice and guidance, and reiterates our willingness to participate in such a group.
The Board looks forward to future conversations in support of the Cannabis Act’s legislative review and the possible development of an Indigenous Working Group. Additionally, the Board looks forward to a response to our recommendations at your earliest convenience.
Sincerely,
Dawn Madahbee Leach
Directrice général