The Standing Senate Committee on Aboriginal Peoples is asking the federal government to delay the implementation of Bill C-45 the legalization of cannabis for up to one year to allow for continued consultation with First Nations groups and the possible negotiation of a tax revenue sharing agreement.
A report issued by the committee says there was a lack of consultation with First Nations, yet if there was sufficient dialogue, many problems within the report may have been solved.
“There was an alarming lack of consultation particularly given this Government’s stated intentions of developing a new relationship with Indigenous people, respecting section 35 Aboriginal and treaty rights recognized under the Constitution Act, 1982, and the rights of Indigenous communities to be consulted. Had sufficient consultation occurred, the problems identified by the committee would likely have been solved, and the solutions incorporated into Bill C-45.”
The committee heard from 23 witnesses, with Chair Lillian Dyck saying some witnesses were consulted, some were not. “The witnesses have told us there has been some consultation; some told they have not been consulted at all. It’s quite clear the level done so far, is not sufficient,” Dyck said.
Dyck says Ottawa has a task force consulting, through the Assembly of First Nations, but that process is to wrap up at the end of June, with reporting back sometime this summer. The federal government says several ministries have reached out to First Nations groups to discuss the legislation.
Some First Nations have expressed interest in the economic development which may derive from the collection of an excise tax on the purchase of on reserve cannabis. Currently the federal government and the provinces and territories have a revenue sharing agreement, with the provinces collecting 75 percent of the taxes.
“Many [First Nations] are interested in the economic opportunities that might be possible once the bill is passed. Some are eager to get going, but from what we’ve heard right now the excise tax revenue is only being shared with [the] provinces. There’s nothing guaranteeing First Nations groups will receive any kind of percentage,”Dyck explained. “We’re suggesting the government sit down with interested First Nations and hammer out a deal and maybe change the legislation in order for First Nations to actually benefit from any kind of economic development, to share in the excise taxes, to be able to control over how that revenue is spent.”
Saskatchewan’s Minister responsible for liquor and gaming Gene Makowsky confirms the province has not entered into discussions with the three First Nations which will be permitted to sell cannabis. Makowsky says it is not known at this time whether the Lac La Ronge Indian Band, Onion Lake Cree Nation and Peter Ballantyne Cree Nation will accept the retail licenses.
An important area in which First Nations are highly concerned about is mental health and addictions treatment services and facilities. The report says that Indigenous youth entering treatment listed cannabis as their number one used substance.
“The Committee heard serious concerns from Inuit Elders, Indigenous communities and front-line service providers, such as police and nurses, about the lack of access to, and funding for, culturally specific mental health and addictions services. The National Native Addictions Partnership Foundation drew attention to the fact that 89% of Indigenous youth entering residential addictions treatment programs indicate cannabis use as the number one substance used.”
Dyck is recommending that some of the revenues from cannabis taxation be put towards treatment and addictions infrastructure and programming. “Put it towards setting up addictions treatment centers, or mental wellness centers to deal with the negative impacts that may arise from recreational use of cannabis,” Dyck said. “I think it’s an extremely important issue. We know that some First Nations communities struggle with the high levels of addictions and substance use. The legalizing of cannabis may even make this worse, we’re not sure.”
Prime Minister Justin Trudeau Wednesday did not commit to delaying the implementation of Bill C-45, suggesting his government will still continue to legalize cannabis use. He told reporters that there will be a broad range of consultation with Canadians.