Police in London, Ontario closed at least two Indigenous-owned cannabis stores on August 21 as part of an enforcement action. Ontario Provincial Police say they will provide more information on the raids later this week. 

Police have in the past said the stores, Spirit River Cannabis, were on their radar going back nearly two years. In 2022, OPP told CBC they were looking into the stores after the grand opening on Dec. 3 at its 72 Wellington St. location in London.

Since that time, a second location at 685 Richmond St. has also opened. Both these stores were targeted this week by OPP in these most recent enforcement actions, with both locations being closed and, according to at least one eye witness, officials carrying away products. 

“This property has been closed,” reads an interim closure notice posted by OPP on one of the business doors, as shown in a picture posted online. Local media have also now confirmed the closures. The notice goes on to say anyone wishing to enter the premises must receive judicial permission or face the possibility of charges like breaking and entering. 

The business has a poster outside both locations noting sections 25 and 35 of the Canadian Constitution Act. Section 35 of the Constitution Act says that the existing aboriginal and treaty rights of the aboriginal peoples of Canada are recognized and affirmed. Section 25 ensures that the designated rights and freedoms of Indigenous peoples are protected. 

Some Indigenous store owners and other legal experts have argued that federal and provincial cannabis laws don’t apply to Indigenous-owned cannabis businesses. While the majority of these stores have opened on recognized treaty territory, some have opened on traditional lands outside of those treaty territories. The latter tend to be more likely to face enforcement by police or bylaw officers. 

In 2022, Spirit River’s owner, Maurice French, told CBC News that he follows regulatory standards under the rules and bylaws created by the Northshore Anishabek Cannabis Association, which he said are similar, if not more rigorous, than the rules set out by the Alcohol Gaming Commission of Ontario (AGCO). The AGCO oversees Ontario’s retail cannabis regulations. 

OPP say they will provide more information on the closures and apparent raids later this week.

French has faced enforcement action in the past in relation to cannabis stores he’s operated in Chippewa of the Thames First Nation. In 2018, the RCMP raided his store there, but in 2022, the federal government dropped all charges against French. He had argued that the police raid against his business had violated his rights to sell a traditional product. By dropping charges, the Crown did not have to see that argument weighed in court. 

Indigenous-owned-or-affiliated cannabis stores have been popping up in Ontario, and in several other provinces, both on First Nations reserve land and, to a lesser degree, on traditional territory outside of those reserve lands. Some provinces, like New Brunswick, have argued they cannot enforce provincial cannabis laws on First Nations Lands, while other provinces, like British Columbia, have said they can but tend to tread lightly.  Authorities in these and other provinces are less hesitant to target Indigenous-owned or affiliated stores that are operating outside of reserve territory. Bylaw agents and law enforcement in New Brunswick recently targeted stores in the Moncton area, although at least one quickly reopened. 

Some owners of cannabis stores licensed and regulated by their respective provincial agencies have for years now expressed frustration at having to compete with unregulated stores, regardless of who owns them. A report earlier this year said Toronto had more than 50 such unlicensed stores operating in the city at the time. 

In 2022, a handful of BC cannabis stores took the government to court over what they argued was a lack of enforcement against stores operating on First Nations land without provincial authorization. The court later rejected their argument. However, earlier this year, the province’s bylaw enforcement team raided several cannabis stores operating on First Nations land twice over the course of several months. 

The owner of an Indigenous-owned cannabis store in Vernon, BC that was raided by the province after opening outside of reserve land in 2020 filed suit against the BC government, arguing the province’s laws are unconstitutional. That case has yet to be resolved. 

In a recent court case in Nova Scotia, a judge rejected an attempt by several Indigenous cannabis store owners in the province to argue they can operate without provincial approval.

OPP recently raided six Indigi-Smoke locations in southwestern Ontario. 

More on this raid as information from OPP becomes available.

Update: OPP shared this on September 27:

Featured image via Reddit

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