Even though cannabis is one of the safest plants – far less harmful to human health than mass produced corn, sugar cane, or wheat, for example – schools, churches, and the media have highly stigmatized the plant in the near 100 years that it has been illegal in Canada. 

This stigmatization has created a context in which the Government of Corporations Canada is preparing to “legalize” cannabis according to some of the most stringent regulations ever applied to a plant. Of course, the most glaring omission in the Canadian cannabis regulation system is that it completely ignores the perspective and wishes of Indigenous peoples when it comes to the presence and use of cannabis on their lands. 

In drafting Bill C-45, the Cannabis Act, Canada breached its constitutionally required “duty to consult” with Indigenous peoples on matters relating to them. Indeed, the Canadian government has actually over-reached into Indigenous peoples’ jurisdiction to regulate their own use of natural medicines such as cannabis. 

The Federal Cannabis Act delegates the practical matter of regulating consumer access to cannabis to the Provinces and Territories. Under the Canadian system, Provinces don’t have jurisdiction on reserves, which are considered Federal Territory by Canada, and as sovereign, unceded land by the Indigenous peoples who call them home. This state of affairs, and the fact that Indigenous peoples are allies, not subjects of the Crown, is why taxes are not collected on reserves. 

So, in the matter of cannabis regulation, what is to be done? 

A sovereign people govern themselves and take responsibility for their actions. And as the Indigenous cannabis industry grows and matures we should expect to see increasing efforts at Indigenous self-governance and self-regulation. This is especially true because the alternative is for the Band Council system of the Canadian Government to claim jurisdiction and implement its own system of municipalization and taxation.

One clear example of Indigenous self-regulation is the Red Feather Certification process that has been launched by Medicine Wheel Natural Healing in Alderville First Nation.

The Red Feather certification guarantees that a given product has been made safely without the use of pesticides and herbicides, and that it has undergone a quality control process to be tested. The certification also indicates that the majority of the ingredients of a given product were sourced and manufactured Indigenously, and that a portion of the proceeds are returned to the community through a voluntary donation program. 

The full text of the Red Feather certification framework reads as follows:

 “Products bearing a Red Feather certification are made and sourced in a pure, sustainable, responsible, and beneficial way for Mother Earth and Indigenous peoples. In Native culture, the feather symbolizes Strength, Honor, Wisdom, Trust, and Freedom. Red Feather Certification honours these qualities in the following ways:

Strength: The majority of the ingredients are Indigenously sourced, and the end product is Indigenously made.

Honour: A portion of the proceeds are returned to the community and local Indigenous organizations.

Wisdom:The product has been thoroughly tested, and quality control has been exercised throughout the production process.

Trust: The source matter is organic, and no harmful pesticides, herbicides, or chemicals were used in its production.

Freedom: The Indigenous cannabis movement is a tremendous opportunity for independence and autonomy for Native people.

The Medicine Wheel encompasses all aspects of life and nature. The circle shows that all things are interconnected and related. Each quadrant represents core aspects and teachings of life, comprising all the different outlooks and perspectives that guide and shape the world where we live. In the middle is where all peoples, all teachings, and all ways of life meet in harmony and unity. By placing the Red Feather at the centre of the Medicine Wheel, we are identifying the importance of all of us working together for the betterment of everyone and for the preservation and enrichment of life and Earth.”

It is through efforts such as this that the Indigenous cannabis industry will stay true to its Indigenous identity and value system, and keep the people consuming its products safe and healthy. 

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ALDERVILLE FIRST NATION – On March 4th, 2021, Chief Del Riley, the former President of the National Indian Brotherhood, and a co-author and negotiator of Sections 25 and 35 of the Canadian Constitution, visited Alderville First Nation. Chief Riley was there to tour Medicine Wheel Natural Healing – the first dispensary to open in Alderville – and to see first hand the state of the art cannabis testing and extraction facilities of Red Feather Laboratories.

Chief Riley, a 71 year old Hereditary Chief of the Chippewa Crane Clan, has spent his entire life fighting for the rights of Indigenous people. In recent years, Chief Riley has become involved in supporting the Indigenous right to cannabis, and has worked with the North Shore Anishinabek Cannabis Association to support store owners asserting their Aboriginal right to use and provide medicinal cannabis on their lands. Since 2015, over 250 cannabis dispensaries have opened up on a sovereign basis on Indigenous territories across Canada. They have created a huge economic boom for on-reserve populations and a real economic challenge to Canada’s system of Licensed Producers.

The growth and evolution of cannabis in Alderville

Chief Riley was met in Alderville by Robert Stevenson, the owner and founder of Medicine Wheel and Red Feather Laboratories. Stevenson showed off Medicine Wheel’s storefront, and spoke about the way he has respected his community in the operation of his business. As he explained to Chief Riley, “I wanted to do this in a way that was good, respectful, professional, and that portrayed our culture well.” 

Stevenson added, “I’ve been trying to use our store as a way to educate people about our culture and get people into the community. It was tough at first because of the stigma of cannabis – Alderville started becoming known as the “Green Mile,” and some people were uncomfortable with that. But I think there’s an opportunity…. Yes, Alderville might be a cannabis community, but look at what it’s doing for the people, look at the changes.”

Stevenson has certainly succeeded in his efforts. Medicine Wheel now has a base of over 60,000 registered clients, and Alderville is home to a thriving cannabis industry with nearly 20 different dispensaries lining its main road. Cannabis is the community’s largest economic driver, and the local economy and Alderville’s relationship to its neighbours has been reshaped as well. As a trail-maker in this industry, Stevenson has spoken at Indigenous gatherings on cannabis across Canada, and Medicine Wheel has become a living example of how medicinal cannabis facilities can be done right.

After a brief stint at the Medicine Wheel, Stevenson and Chief Riley toured Red Feather Laboratories to see how cannabis can be safely extracted and tested for safety and potency. Stevenson has used the profits of his storefront dispensary to build a state of the art extraction facility and laboratory that not only meets, but exceeds the standards expected by Canada of its Licensed Producers. In building the world’s largest and most advanced Anishinaabe-owned cannabis facility, Stevenson states, “my goal is to show that we as Indigenous people can safely and securely operate all aspects of the cannabis industry without government interference or control.”

Cannabis as a constitutionally protected Aboriginal right

After touring the laboratory facilities, Chief Riley and Stevenson sat down for a wide ranging conversation about the Indigenous right to cannabis, and the political obstacles facing Indigenous entrepreneurs. 

Stevenson started the discussion off by asking Chief Riley if he viewed cannabis as a constitutionally protected “Aborginal Right.” Chief Riley replied, “It sure is. And even if it wasn’t, the authority to regulate it lies with your traditional people.”

Indigenous people never gave up their inherent rights to make medicine from or otherwise benefit from the cannabis plant on their own lands, and the nation-to-nation treaties made with the Crown – long before the existence of Canada – reflect this. As Chief Riley explains, “our position on our rights is that they were totally intact as of 1814.” In Chief Riley’s view, Canadian Confederation and laws and policies such as the Indian Act remain racist and colonial attempts to control and oppress indigenous people, but they haven’t taken away Indigenous rights.

Chief Riley proposes using Sections 25 and 35 of the Constitution as a shield to stop any instrument of the Crown – Federal, Provincial, Municipal, or Band Council – from violating the treaties which were the foundation for the creation of Canada. “Indians” have Treaty and Aboriginal Rights, but Band Councils don’t – because they are administrative bodies of the Federal Government responsible for providing programs and services to Indians. Riley argues that cannabis dispensary owners can use their Constitutionally protected rights to protect themselves from over-reaching Band Councils. But for long term success, Indigenous people need to get out from under the racist Indian Act, and put cannabis regulations and the Indigenous economy more generally, “under the authority of your traditional people. That will stop any land surrenders too.”

Looking to the future

Although the cannabis industry has made major strides in increasing the self-sufficiency of Indigenous economies, that doesn’t mean that it’s all clear sailing from here on in. As Stevenson puts it, “I’m seeing what they’re doing, it’s very smart. They’re kind of leaving First Nations alone, but their plan is to take us out through attrition, through the OCS government stores. I’m already noticing at my store the increased pressure because [OCS stores] are dropping their prices. Most First Nations are not near an urban centre. We need a way to be able to draw people out to our communities.” 

Given these factors, Stevenson sees the government model as a dead end. “Why are people going to come out to our reserve, when they can go to an urban centre that’s closer, and pay the exact same price for the exact same product. We lose our advantage that way…. And they don’t believe in it as a medicine, you can’t even mention it as a medicine.”

This means that Stevenson thinks wider co-operation and co-ordination between the Indigenous cannabis industry is what’s required. As he puts it, “The competition isn’t my neighbours in my own community that are running the dispensaries. No, our competition is the government stores that are opening up. Their platform, the way they’ve designed it, is to actually take out the black market. And they’re viewing Indigenous dispensaries as black market. We’re the red market, we’re not black market. I don’t support the black market products, I don’t support criminal organizations. I do support our own Indigenous people in creating an economy based off a plant that grows naturally.” 

To get there, Stevenson argues, Indigenous people can start simply – by growing cannabis themselves in their basements and garages. “I need Indigenous flower. Set up a little grow in your basement, pass the testing requirements, and I and other dispensaries will buy it.” 

Indigenous freedom requires an economic base to support the people. And for that, Stevenson believes, “cannabis and hemp are going to be the tools that are going to drive a lot of change.” Chief Riley concurred: “I believe exactly the same – that’s what First Nations have to do.”

Chief Riley left the Red Feather Facilities with a special gift pack of medicinal cannabis products including Medicine Wheel’s famous “Mukwa” line of tinctures, some pre-rolls, and some Rick Simpson Oil. Chief Riley, who has had a life-long appreciation for cannabis, and who has successfully used it to fight cancer, was very thankful and promised he would keep in touch. 

For more information visit the Medicine Wheel and Red Feather Laboratories websites, and keep your eyes out for Del Riley’s forthcoming autobiography: The Last President. 

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OTTAWA – Over 300 delegates attended the second National Indigenous Cannabis and Hemp Conference (NICHC) held on the unceded territory of the Algonquins of Pikwakanagan on February 19-20, 2019.

The conference was notable for involving high-powered Canadian cabinet ministers responsible for Canada’s legalization of cannabis efforts such as Bill Blair, Minister of Border Security and Organized Crime Reduction, and Ginette Petitpas Taylor, Minister of Health. Top level bureaucrats such as Todd Cain, the Director General of Licensing and Medical Access for the Cannabis Legalization and Regulation Branch at Health Canada and Mohan Denetto, the Director General of Indigenous and Northern Affairs Canada were also present.

The conference was organized by Isadore Day and his group Bimaadzwin Consulting, and Howard Silver, the owner of the Metropolitan Conference Centre in downtown Calgary and the operator of Silver Shows, a trade show company. The conference was a follow up to the first NICHC gathering that was held on the territory of the Tsuut’ina Nation in Calgary, November 18-21.

In terms of its agenda, the conference was highly biased towards the Canadian government’s point of view. Ministers and government bureaucrats were given pride of place, and grassroots Indigenous dispensary owners were removed from the agenda at the request of Health Canada, who threatened to pull their funding and sponsorship from the conference if any “unregulated” Indigenous cannabis dispensaries were formally listed as appearing on the agenda.

This led to the awkward situation of the conference organizers removing the speakers and logos of the Pikwakanagan Cannabis Business Association (PCBA) from the agenda, even though they had paid to sponsor the conference, and the conference was happening on their own unceded lands. Rob Stevenson, the owner of Medicine Wheel Natural Healing, an Indigenous cannabis dispensary in Alderville First Nation, was also removed from the print version of the agenda. However, while Indigenous dispensaries were not listed in the formal program, both Stevenson and the PCBA did end up making their presentations during the lunch breaks of the conference.

By acceding to the threats of Health Canada to pull funding, the conference organizers lost an opportunity to make Health Canada and Federal and Provincial government representatives recognize and engage with the people who are running the Indigenous cannabis industry in their home communities.

It is unclear whether or not the Provincial and Federal Governments will claim that their attendance and presentations at the NICHC conference constitute “consultation” or “engagement” with Indigenous peoples on the cannabis file, but the fact that the government used its financial influence to limit the people and perspectives being discussed to only those already within the Canadian regulatory structures, should be a clear indication that this conference was no true dialogue, and not a meeting of equals, but an event carried out in accordance with the will of the government. As if to underly this fact, Canadian flags were the only national symbols displayed on the stage.

Government Challenged

While Government officials made tone deaf presentations of all the complex regulatory restrictions that they made up without consulting Indigenous people, conference goers pushed back.

Tim Barnhart, the owner of Legacy 420, the first Indigenous cannabis dispensary to open in Tyendinaga Mohawk Territory in 2015, asked a pointed question to Health Canada and INAC concerning the nation-to-nation relationship that is supposed to underly Crown-Indigenous affairs in the era of reconciliation. “What’s reconciliation to sovereign nations and sovereign people when you’re standing up there and telling us how this is going to be done? Maybe reconciliation should have started four years ago when you guys started writing up this [cannabis] act.”

Todd Cain of Health Canada responded by suggesting that the Cannabis Act was a “pathway” for people who wanted to fall under Canada’s legal system.

“In every community, circumstances are a little different, and working through those opportunities has been quite an intensive exercise. But that’s the kind of commitment that we’ve demonstrated through over 100 community visits and fairly intensive dialogue with a number of communities who’ve come to us and said how can we integrate what’s happening on the ground with this new national system?”

Todd Cain, Health Canada

Unfortunately, Cain missed the point. Barnhart and others like him are not asking to be included inside Canada’s “legal” system. Instead, Barnhart and other Indigenous sovereigntists, believe that they have every right to grow their own natural medicines and use them the way they see fit on their own land. They don’t want to integrate into Canada’s system, but rather want to be left alone to develop and grow their own economy on their own terms, regulated by their own customs and conventions.

Clan Mother Noeline Villbrun of the Dene Nation also spoke from the floor and brought a perspective from the grassroots traditional people. Chief among her concerns was that the focus of conference presenters on commercializing and profiting from cannabis was missing the point that cannabis is a natural medicine.

… It is medicine from the land. We have all kinds of medicines and plants that existed before this Canadian government came into being as a corporation under the United States. We know the history of how they outlawed the plants, because they could not control the plants. And why? Because the plants are sovereign to our lands. So who has control over these plants? The clan mothers? The traditional healers?

Clan Mother Noeline Villbrun of the Dene Nation

Villbrun’s perspective of viewing cannabis as a medicine is one that has been advanced by many traditional people who don’t believe that any living being should be made “illegal” by governments. Instead, Canada should respect the nation to nation relationship, and acknowledge the special relationship of Indigenous peoples to natural medicines.

I’m here to remind the people that the plant that you’re talking about and that you want to legislate is our medicine. It is healing people. How are you going to help our people with policies that you’re going to create that are barriers to our medicines? Remember, the government said reconciliation. That includes reconciling our people back to the medicines. My recommendation is that this process be brought back to the people in our communities. We don’t need alcohol, we don’t need meth in our communities. We need these plants. The creator put these plants here for a reason. We need to remind ourselves that for every illness there is a plant.

Clan Mother Noeline Villbrun of the Dene Nation

Finally, Villbrun stressed that the voices of those not in attendance should be taken into account.

There are many women and clan mothers and traditional healers who are not here. Their voices need to be heard in this process. Those plants are there for the people. They are not there for industry, because industry has no heart. We know that, look what’s happening in Canada, there’s no reconciliation, I don’t see it. I see all the protests.

Clan Mother Noeline Villbrun of the Dene Nation

The criticism from the floor led Mohan Benello, Director General, Indigenous and Northern Affairs Canada, to acknowledge Indigenous treaty and constitutional rights in relation to cannabis.

I thought I’d make a few comments to address the very, very important question of Section 35 rights [Aboriginal and treaty rights]. The federal government as we well know, and we heard mention of the Supreme Court, in some instances has got it right, in some instances has got it very wrong. Our department – I represent Indigenous Services, but I also work with Crown-Indigenous relations – is undertaking rights and reconciliation discussions across the country with hundreds of communities…. It’s tough work and we’ve heard some very tough and extremely valid questions. We need to look for ways to engage and at the same time realize the opportunities that are in front of us today. We can do that hopefully in parallel…. But as well there’s opportunities for dialogue with Health Canada specifically on cannabis, or with Crown-Indigenous Relations on a whole host of issues where there are concerns about Section 35, whether it be environmental assessment, forestry, fisheries, other economic activities, territorial assertions and claims. Those dialogues will continue. There is space for that.

Mohan Benello, Director General, Indigenous and Northern Affairs Canada.

Building further on these statements, Benello made explicit reference to the Two Row Wampum – considered by many Indigenous people to be the “grandfather” of the treaties Indigenous people made with Crown. The Two Row is a treaty of mutually-beneficial peace, friendship and non-interference that explicitly recognizes the separate yet parallel paths of the peoples of the canoe and the people of the ship.

I think it is a challenge for all of us. When we talk about reconciliation, I often think of the Two Row Wampum and not only what that means to government, but what that means to me as an individual, as a person that lives here. So what I can commit to do is try to move forward in partnership in the best way possible. That is what I can do, and what I can commit to doing. Certainly, I know that there are concerns out there, and we’re doing our best to address that.

Mohan Benello, Director General, Indigenous and Northern Affairs Canada.

The challenges to Canadian government leaders continued on Thursday morning when both The Hon. Ginette Petitpas Taylor, Minister of Health and the Hon. Bill Blair, Minister of Border Security & Organized Crime Reduction opened the conference with their remarks.

Rob Stevenson, the owner of Medicine Wheel Natural Healing, an Indigenous cannabis dispensary in Alderville First Nation, cut to the chase. Addressing the ministers, he stated, “You both acknowledged that we’re holding this conference on the land of the Algonquin people. Do you recognize their inherent sovereign right to regulate natural plant based medicines on their own territory?”

Minister Blair responded on behalf of the Liberal government, and straightforwardly acknowledged the reality of Indigenous jurisdiction.

“Let me first say that a well-articulated position for our government is that we acknowledge and respect the jurisdiction of First Nations. There are important discussions that take place on a nation to nation discussion about how both of our jurisdictions are appropriately exercised in order to protect the health and safety of our communities. It is part of an ongoing discussion, but we most certainly do recognize and acknowledge the jurisdiction of First Nations.”

Hon. Bill Blair

Like the first NICHC conference, the Ottawa conference gave ample time to proponents of government policy to explain themselves and their policies. However, unlike the first conference, there was little space made for the host nation present to clearly articulate their rights and responsibilities as Regena Crowchild did for the Tsuut’ina Nation in Calgary. However, the owners of Indigenous cannabis dispensaries did push back, and during lunch on both days, their presentations did go ahead.

Presentations from Indigenous Cannabis Dispensaries

Rob Stevenson of Medicine Wheel Natural Healing made his presentation during Wednesday’s luncheon, and played a short film showcasing the many contributions his store has made to the Alderville community. Medicine Wheel serves hundreds of customers every day, and gives back to the community in a myriad of ways. These include a payroll of over $1 million a year going to community members, donations to sports groups, and a free weekly language classes for staff.

Stevenson also spoke about the model for Indigenous cannabis self-regulation that is being developed in Alderville by the Mississauga of Rice Lake Cannabis Association. The group was formed by Alderville community members in June of 2018, and has been developing a framework for self-regulation of the Alderville cannabis industry. The Association is holding a meeting on March 9th, 2019 in Alderville and is hoping to further workshop its framework so that it can be adopted by other Indigenous communities seeking a sovereign, community controlled form of cannabis regulation.

At the Thursday luncheon, members of the Pikwakanagan Cannabis Business Association made a presentation about their efforts to create an above ground cannabis economy in their community. As in Alderville, a half dozen Indigenous cannabis dispensaries have come together to create an association to represent themselves and advance their sovereign rights. In Pikwakanagan, cannabis dispensaries are the largest employer on reserve, providing work for about 90 members of the community of 450 people.

Next steps

In terms of where the Indigenous cannabis movement goes from here, there are a few possibilities. Indigenous dispensaries from across Ontario will be gathering in Alderville on March 9th to work on developing a common framework, while another NICHC gathering is planned for November 26-28th 2019 in Kelowna, BC. With the industry moving as quickly as it is, how the political terrain will look in 6 months time is anyone’s guess.

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Medicine Wheel was the first cannabis dispensary to open on Alderville’s “Mashkiki Trail” or “Green Mile.” It is a state-of-the-art dispensary, testing site, and production facility established by Alderville First Nation member Rob Stevenson. Inspired by the growth of cannabis dispensaries in nearby Tyendinaga Mohawk Territory, Medicine Wheel opened its doors on June 21st, 2017.

From the start, Medicine Wheel focussed on high-quality medicinal products provided by a knowledgeable and highly informed staff. Expecting his clientele to be predominantly younger enthusiasts of the “cannabis culture” type, manager Brent Morrison remembers being shocked on opening day. “The people who were coming into the store defied the cannabis stereotype,” Morrison remembers. “Our average clients are in their mid 50s and looking for a safe and reliable source of cannabis to treat their illnesses.”

Nor is the store simply selling cannabis flower. Soon after it was up and running, Medicine Wheel was selling over 40 varieties of cannabis flower and upwards of 200 other cannabis-related products – including tinctures, extracts, ointments and salves.

Medicine Wheel’s new expansion

Medicine Wheel’s rise has been a case study in the potential and energy of Indigenous entrepreneurship when matched with the dynamic possibilities of the cannabis industry. Rooted in Alderville as a family business located on reserve, the Medicine Wheel staff has expanded to over 30 employees, and is now preparing an ambitious program of growth and expansion to compete in the new era of Canadian cannabis legalization. Broadly speaking, the new initiatives being prepared by Medicine Wheel fall into four categories: communications and education, looking after the people, community organizing, and new products and services.

Treating Ailments through Communication and Education

With cannabis facing over 100 years of stigma and politically-motivated persecution, one of the biggest issues facing the cannabis industry is education. Consequently, Medicine Wheel has prioritized a multi-pronged educational approach to reach current and new customers alike.

Eschewing the “recreational” framework of the Canadian government, everything in Medicine Wheel’s approach comes from a medicinal focus on cannabis. Before purchasing any products, all clients of the store must fill out a form identifying their medical need for cannabis, and all new members receive a 44 page “Ailment and Treatment Guide.” The guide explains dosage and safe use of cannabis and provides an overview of how to treat over 20 different illnesses with cannabis. The guide also includes articles about how to treat pets with CBD, methods of “microdosing” cannabis, and the effects of different cannabis terpenes.  

According to Stevenson, “as we collect information from our clients, we’re seeing why people are using cannabis and what ailments they’re treating with it. This guide has arisen from our need to clearly explain the ways in which cannabis can help to address serious medical issues.” The guide has been developed by Medicine Wheel staff using in-house market research and the latest scientific and medical literature on the plant.

Another of Medicine Wheel’s major concerns has been to address the question of how to talk to children about cannabis. After generations of state-sponsored indoctrination that painted cannabis as a negative and harmful “gateway drug,” Medicine Wheel came up with a children’s book to help parents talk about cannabis with their children. Titled Robbie Ladybug and the Mashkiki Patch, the book explains both the positive and negative aspects of cannabis use to children.

The origins of the book came from a dream that Rob’s mother Charlene had of two ladybugs living together on the leaf of a cannabis plant. Ladybugs are a species of insect providing helpful, natural pest control in place of industrial pesticides. The story follows the lady bugs dealing with the stigma they face from other insects due to their line of work in the cannabis patch.

Like Medicine Wheel, this literary endeavour was a family effort. Rob’s mother-in-law Miriam Terry worked with Charlene to write and illustrate the children’s book. The book succeeds in not only helping children to learn about cannabis, but in creating a space for parents to have a dialogue with their children about the plant.

The other major effort around communications is the building of a progressive web application to take the place of Medicine Wheel’s website. The new Medicine Wheel App will work seamlessly on mobile devices and desktop computers to display multi-media content related to all the products and services available at Medicine Wheel.

The core function of the App is a method of self-diagnosis based on the Medicine Wheel. Clients identify the nature of their ailment – be it affecting their mind, body, spirit, or emotions – and click through a medicine-wheel-based “drill down” menu to receive advice and appropriate product recommendations for their needs. The App will carry suggestions about diet, exercise, and lifestyle choices along with product information and a guide to what’s currently available in the store. To help increase store efficiency, the App allows customers to place online orders at the store and then to pick up their order in an express line at the store.

Looking after the people

From its inception, Medicine Wheel has viewed the cannabis industry as much more than a means to make money. As Rob Stevenson puts it, “this is about our whole way of life as Indigenous people. We’re trying to build an economy that increases the ability of Indigenous people throughout Turtle Island to self-determine and prosper.”

At the core of the Medicine Wheel business model is an unwavering commitment to high quality customer service. As such, Medicine Wheel’s staff are crucial to the success of the operation. Stevenson believes that the best way to attract and keep top talent is to compensate individuals who are committed to upholding the core principles of the business. Medicine Wheel employees get annual paid vacation, sick leave, and starting in November 2018, health benefits. Stevenson is calling his health benefits plan the Medicine Wheel Healthy Living Account, because it doesn’t just compensate employees for conventional medical and dental expenses, but also includes activities like sports and arts and culture.

“The Medicine Wheel Healthy Living Accounts represent yet another step in my goal to provide as many supports as possible to people looking to live happy and healthy lives,” says Stevenson. “If someone is showing initiative to help themselves, their family, and their neighbours live happy, healthier lives, than that is someone I want to work with and that is someone I am comfortable representing Medicine Wheel on my First Nation and to the company’s members.”

Another aspect of looking after the people is to provide quality medicines to patients who can’t afford the full cost of their treatment. Medicine Wheel has developed a compassionate pricing system so that people who genuinely need cannabis-based medicines but can’t afford them can apply for subsidized products.

Some clients require greater consultation and support for their special needs or are unfamiliar with all the ways that cannabis can help them with specific health problems. To provide a private space for client support and consultation, the former True North seeds building on the Medicine Wheel property is being converted into a consultation area. New members to the Medicine Wheel will register in this building, and will have the opportunity to have one-on-one consultation to tailor a specific treatment. Existing customers who are looking for more information about using cannabis and making positive lifestyle changes will also be invited to use the consultation resources.

Community organizing in Alderville

On the broader community level, Medicine Wheel has also been very active. The biggest efforts in this regard have gone into the formation of the Mississauga of Rice Lake Cannabis Association and the creation of the Alderville Cannabis Survey. Reaching out to community members and getting accurate feedback and information from the community are central to ensuring that the industry does what the people want. The full results of the survey will be released to the public and forwarded to Band Council on October 15th, 2018.

The biggest issue on the agenda of the Mississauga of Rice Lake Cannabis Association is the thorny issue of determining how to collect and administer a “Community Contribution Fund” from those profiting from the cannabis industry on reserve. The survey will help to decide what community needs should be addressed with the fund, and the next quarterly Association meeting on December 15 will finalize the establishment and administration of the Fund.

As it now stands, the testing facilities of Medicine Wheel and the Healing House have agreed to donate $10 per test to the fund. Plans are also in the works to come up with a special child-proof exit bag for all products sold by Association members. A fee would be charged to each customer for the reusable bag, with the proceeds going to the community fund.

Cannabis and Women

There are a lot of cannabis stigmas that need to be broken, and at the top of Medicine Wheel’s agenda is bringing a stronger focus to cannabis and issues affecting women. As a result, Medicine Wheel is proud to announce a monthly women’s night with special programming and services available to women. As manager Melanie Marsden points out, “we want to do our part to try and change the cannabis stigma as it affects women. We need to show that there are all kinds of different ways that women can benefit from cannabis products. We have specific product lines including facial scrubs, moisturizers, creams, as well as products for treating menstrual cramps and PMS.”

In the new era of Canadian legalization, Stevenson thinks that there will be an influx of women consumers to the industry. That makes it all the more important for Medicine Wheel to take positive steps to support and acknowledge women. “In Indigenous culture, women are held in high regard as the life givers. Men have to do ceremony. Women are ceremony. They have their ceremony once a month. We want to acknowledge that and show our respect to women. By developing product lines specifically geared to women and by holding women’s specific days, we’re acknowledging our women and making them feel more comfortable with using the cannabis products in our store,” says Stevenson.

On women’s day at the Medicine Wheel, the sales staff will be all women, and there will be special activities, product showcases, and educational displays and events. As Melanie Marsden puts it, “It’s not about getting high. It’s about getting healthy. Men will be welcome on those days too. But women and women-identified people will get a 10% discount on those days.”

Language program

A crucial aspect of the Indigenous revival across Canada has been a focus on learning and teaching Indigenous languages. The Canadian residential school system was designed to systematically remove indigenous peoples from their culture and languages, and Medicine Wheel is playing its part to help recover from the damage.

Every Saturday morning Medicine Wheel staff gather at the office for a weekly Ojibway language class taught by Keith Montrell to learn more about indigenous culture and language. As Stevenson says, “we’re working on encouraging the growth of our culture. A big part of the culture is the language. By interacting with each other and our customers, and by using our own language and Ojibway names for our products, we’re making more people aware of our culture and ensuring that it will continue.”

The language program not only helps Ojibway people reconnect with their culture, but also opens up opportunities for learning and reconciliation with non-native people coming to the store. According to Stevenson, “even simple efforts like having an Ojibway “word of the day” display offer opportunities for cultural exchanges in the store that allow non-natives to contribute to the process of reconciliation in a small way.”

New direction and product lines

Funded by the profits of the cannabis economy, Medicine Wheel is investing in building the physical, cultural and social infrastructure needed to serve the community and to make Alderville a regional hub for cannabis and wellness tourism.

However, in order to remain successful and to accomplish its larger social mandate, Medicine Wheel has to remain profitable, and continue generating the resources to support its staff, benefit the community of Alderville, and empower the larger movement for Indigenous self-determination. That means being able to read the changing economic situation, as non-native Crown-approved cannabis is about to become legal on October 17th. While there won’t be competing off-reserve bricks and mortar stores in Ontario until April of 2019, the new privatized model put in place by the Ford government will undoubtedly mean an increase in competition.

But Stevenson is feeling positive as the October 17th legalization date approaches. “I’m feeling very good” he says. “I’m looking at all our projects and all the good we’re doing. That’s giving me some reassurance. We’re doing a lot of good for our community and our staff, and that’s reducing my stress levels.”

Stevenson believes that with legalization will come a big influx of sales. Already, the store is getting between 200 and 250 new customers a day, and the numbers are going up. Stevenson foresees that Indigenous dispensaries will do well until competition comes from brick and mortar stores in April. Already key retail locations are being bought up for cannabis stores in Cobourg, the nearby town to the south. But Stevenson is not afraid of the new reality. “I think competition is good,” he says. “It keeps people honest and it motivates us to do better moving forward.”

One of those directions that Stevenson wants to move towards is the edibles market. At a newly purchased property on reserve, he’s building an industrial kitchen and bakery. The bakery will be fed by the extraction process, to which most of Medicine Wheels outdoor grows are destined.

The addition of new productive capacity means higher profit margins on economies of scale, more local employment, and an ability to create value-added products. One obvious place for growth is the edibles market. “We’re going to create our own line of health-orientated edibles. They’ll contain less sugar and be made from organic all-natural ingredients, and we’ll have vegan and gluten-free options. Each edible will be strain-specific so you’ll know exactly what’s in it and what it will feel like to consume it. You will have a consistent experience in terms of dose and effect each time you consume one,” says Stevenson. The edibles will also be sold in special child-proof containers with appropriate warnings.

Medicine Wheel is also planning to package its edibles based on their level of effect. Edible usage will be connected to the consultation process where all patients will be informed about the best safety precautions. And if a negative reaction occurs from “greening out” by having too much of an edible, Stevenson wants to have each edible come with a CBD capsule that can be used to clear users’ minds and help them calm down.

The main path for success seen by Medicine Wheel lies in the creation of a vertically-integrated business keeping all aspects of the cannabis plant, from seed to sale, in Indigenous hands. This entails co-ordinating all the moving parts of the Smoke Signals Seed Bank, the building of new greenhouses and the planting and harvesting of outdoor grows. It also involves the running of an industrially-sized extraction laboratory, the creation of an industrial kitchen and bakery to mass-produce edibles, and the necessary quality control, logistics, and testing equipment to ensure patient safety.

Because of the coming competition from Licensed Producers (LPs) backed by hundreds of millions of dollars of venture capital, Stevenson expects a sharp drop in the profitability of the industry, especially in the sale of cannabis flower and oils. Already a number of LPs are working on plans to import cannabis products grown in Uruguay, Jamaica, and Columbia.

This has meant a focus on investing in the extraction and testing equipment that can allow Medicine Wheel to produce its own oils, extracts, and nano-emulsified products. By bringing together talented chefs and the capacity of an industrial kitchen, Medicine Wheel will be able to produce cannabis-infused sauces, salad dressings, energy bars, and many other edibles with a much higher profit margin then they could make selling cannabis flower in competition with the tropical imports of the cannabis multinationals.

The idea is to build a whole new host of Medicine Wheel brands which can not only be sold in Alderville, but also be traded with other Indigenous nations and sold in their dispensaries. These brands will go through the Red Feather certification process that ensures that a given cannabis product was made by Indigenous people, without the use of pesticides and herbicides, and that it has undergone a quality-control testing process. The certification also means that the majority of the ingredients of a given product were sourced and manufactured Indigenously, and that a portion of the proceeds from the sale of the product are returned to an Indigenous community through a voluntary donation program.

The new brand that Medicine Wheel will be bringing out will be known as “Ishkode Mashkiki” – meaning “fire medicine from the heart of the earth” in the Ojibway language. The Ishkode Mashkiki line is now being diversified into concentrates like shatter, oils, rosins, and specialized nano-emulsified products. The aim is to create a top-quality medicine. As Stevenson says “We’re taking our time, and we’re not going to rush. We have to create the cleanest possible medicine that we can.. With our new state-of-the-art extraction equipment we’re getting into new products and specialized terp sauces, resins, and diamonds.”

Before purchasing a High Performance Liquid Chromatography machine and Mass Spectrometer, Medicine Wheel couldn’t test edibles or MCT-based tinctures. Now with the new lab equipment, “we can test everything, even identify the different traits of each cannabis strain,” Stevenson says.

Stevenson wants to have “20 different types of cannabis oils based on the different terpene profiles of the strains. We want to be able to fine tune and match our oils to the needs of our customers. We can tell from the terpene and cannabinoid profile what works for people and then give them a variety of healthy ways to ingest them.“

Lifestyle design and wholistic treatment

In this new stage of Medicine Wheel’s journey, cannabis is the economic driver for the creation of a whole new variety of healthier lifestyles. As Stevenson explains, “We’re diversifying away from the treatment-type focus and working more towards a conscious lifestyle design. It’s all about expanding horizons with your lifestyle and changing your life to be healthier in the broadest possible way.”

That means a move towards hosting gatherings and seminars and teachings. In this work Rob is working with Cobourg-based lifestyle designer Melanie Woolsey. Woolsey is a yoga therapist and lifestyle design coach who has created and collected a wellspring of effective conscious lifestyle design practices that have been instrumental in her own transformational journey through addiction. Her plan is to expose people to practices of conscious lifestyle design. The programming will be made freely accessible for all Alderville First Nations members, but will also draw paying clients from Toronto to do healing through art and crafts, cooking, baking, language, work in the garden, and daily retreats, all in a cannabis-friendly atmosphere. A building has been purchased to serve as a retreat centre, and as Stevenson says with conviction, “we’re going to put Alderville on the map as a destination for health tourism.”

While Stevenson acknowledges that there are many treatment facilities in the surrounding area, they don’t necessarily do a lot of follow-up and after-care for their patients. This is something Medicine Wheel wants to do to help people deal with lifestyle changes and learn how to better handle their money.

It’s all about diversifying the health and wellness services provided by Medicine Wheel, and of continuing to move forward in a good direction.

In that regard, Stevenson can point to the fact that in making over 100,000 transactions to over 15,000 registered members of Medicine Wheel, no one has gotten sick or been harmed by the products he has sold. This shows that cannabis is a far safer plant than the government would have you believe. Not only that, but it illustrates that ordinary people with good intentions and a drive to help others can change the world in some pretty significant ways.

Every day that Medicine Wheel stays open is a benefit to an ever-widening population. Of course the owners and the workers of the store are benefiting from Medicine Wheel’s success. And so are the hundreds of patients receiving relief from medicinal cannabis and exploring new avenues of healing and personal growth. The local economy, native and non-native, is thriving from the ancillary effects of the cannabis industry, and money and jobs are staying local.

Another possibility that shouldn’t be underestimated is for the cannabis industry on reserve to facilitate reconciliation – a hot topic in Canada these days.

As Brent Morrison puts it, “I’ve learned a lot from relating to indigenous people in this work. I didn’t learn much in school about this reality. I’ve always been a sympathetic ally, but now I’m much more passionate about it. I feel like Native sovereignty is a real thing that should be actively enforced. And I think the Canadian government should 100% respect Native sovereignty over any business activity or foreign investment that might interfere with that.”

Such an understanding seems logical and second nature to Morrison, and the reason is clear. It’s a no-brainer for everyone involved that the sovereignty being expressed by the people of Alderville in running and self-regulating the cannabis industry on their own terms has improved the lives of everyone who’s come in contact with it.

Morrison continues, “pretty much everyone who comes to the store leaves with a positive experience. They’re coming to a nice warm friendly dispensary with knowledgeable staff, the majority of whom are native people. They’re having this interaction and leaving with a positive feeling. And it’s producing a positive relationship dynamic. For example, people are looking at the art we have in the store and asking questions. And we send them out to local art galleries and native businesses where they can see and purchase other art and connect with the culture through that experience.”

The indigenous cannabis revolution is putting down strong roots in Alderville First Nation. And with this kind of success, we should not be surprised to see its example spread to other First Nations too.

Medicine Wheel Natural Healing is located in Alderville First Nation at 8986 County Rd. 45 Roseneath K0K 2X0 just off of Highway 45, near the town of Roseneath. They are open 10am-8pm, Tuesday through Sunday and closed on Mondays. You can call us at 905-352-3322. The full Medicine Wheel menu is available online at  Leafly.com

The post Medicine Wheel Expands in New Era of Cannabis Legalization appeared first on Medicine Wheel Natural Healing.

By Dispensing Freedom, March 15, 2018

Indigenous Medical rights and the Constitution

In 2014, Ontario Court Justice Gethin Edward made a groundbreaking ruling in a case having to do with Aboriginal rights and Indigenous medicine. The case before him concerned J.J., an 11 year old Six Nations girl raised in a traditional Longhouse family, who had recently been diagnosed with acute lymphoblastic leukemia, a form of cancer in the bone marrow.

After suffering life threatening reactions to the chemotherapy, J.J.’s mother suspended the treatment program in favour of alternative health and Indigenous healing modalities. Because the Hamilton hospital that had diagnosed her condition deemed that the survival rate for those with this cancer who did not use chemotherapy was effectively zero, the hospital sought to have child services apprehend J.J. from her family and force her into chemotherapy treatment.

The case came on the heels of a previous controversy as Makayla Sault from New Credit (an Indigenous community adjacent to Six Nations) made international headlines when her family took her off of chemotherapy and sought alternative methods of treatment.

In both Makayla and J.J.’s case, community members rallied around the families and indicated that they would physically resist any attempt by outside authorities to apprehend the children and force them into chemotherapy. In Makayla’s case, community members formed a “Makayla defence force” which vowed to physically stop any attempt at removing the girl from her loving family.

Justice Edward ultimately refused the hospital’s attempt to apprehend J.J. He ruled that the mother’s “decision to pursue traditional medicine for her daughter J.J. is her Aboriginal right.” He also added that this Aboriginal right held even if Western medical science didn’t approve of the methods used, or even if “objectively” speaking, the Indigenous medicine didn’t work.

As Justice Edward noted, “such a right cannot be qualified as a right only if it is proven to work by employing the Western medical paradigm. To do so would be to leave open the opportunity to perpetually erode Aboriginal rights.”

Justice Edward’s ruling – which was informed by expert evidence from Six Nations Professor Dawn Martin Hill and saw the introduction of evidence from the Haudenosaunee creation stories and the submission of documents like the Haudenosaunee Code of Behavior for Traditional Medicine Healers – vindicated the Haudenosaunee view of the relationship between Native and non-Native society as separate, mutually independent worlds that continue to exist in the present time.

As Justice Edward wrote,

“this Court’s decision recognized that Haudenosaunee medicine is an integral aspect of Haudenosaunee identity as a people. It has the protection of the Canadian constitution, as an Aboriginal right, and must be respected.” His ruling dovetailed with the Haudenosaunee Code of Behaviour for Traditional Medicine Healers which states in reference to this matter that “applying regulations to Haudenosaunee traditional medicine practices is an intrusion on the jurisdiction of the Haudenosaunee and violates the principles of the Two-Row Wampum.”

According to the Two Row Wampum, the foundational conceptual relationship between Haudenosaunee and Europeans, each party shall travel down the river of life within their two separate vessels according to the principles of “peace, friendship and respect.” In this framework, the two separate systems keep all of their own habits, customs, laws, and medicines within their own vessel and neither interferes in the other’s boat.

The interaction between cultures is for mutual benefit, but one either lives in the “canoe” or the “ship. To have a foot in each vessel is a recipe for falling into the river – to be outside of the protection of both systems.

Justice Edward’s decision effectively recognized the distinctiveness of the Haudenosaunee way of life and view of medicine, and at the most fundamental level, respected the right of Indigenous people to seek medical treatment and to make life or death choices free of compulsion by the Canadian system. Not surprisingly, Edward’s ruling was highly controversial to those unaware of the nature of this treaty relationship and the willingness of Onkwehon:we people to physically stop the medical system from kidnapping and forcing their children into chemotherapy.

A Globe and Mail editorial attacked the decision because Makayla and J.J. both attended what it characterized as a “dubious, unlicensed ‘health institute’ that claims it can cure cancer through vitamin IV drips, massage, cold laser therapy and the consumption of wheatgrass juice and puréed organic vegetables.” And because “cold laser therapy and shots of wheatgrass juice were [not] the cancer treatment of choice among the Iroquois healers of precontact North America” the Globe argued that the issue of Aboriginal right should not apply in this case.

As a matter of fact, neither the Globe and Mail or Justice Edward were aware of the specifics of the traditional Indigenous medical practices that were applied along with the visits to the Florida wellness centre, but the use of non-traditional healing modalities were for the Globe enough to cancel out the issue of Aboriginal right. This is similar to the argument of anti-Native activists who suggest that Indigenous people should be forced to give up their treaty rights because they now live with modern technologies that they didn’t have pre-contact.

Despite issuing a “clarification” on his ruling that the Aboriginal right to use traditional medicine must be consistent with the “best interests of the child,” Justice Edward’s decision retains its significance and upheld the Haudenosaunee “Aboriginal right” to follow their own path. Although as Mohawk lawyer Steve Ford has pointed out, Edward’s “ruling is not binding on any other courts,” his was the first Canadian court ruling to recognize and respect the right of Indigenous children in Canada not to be forced into medical treatment – in a context where for hundreds of years, Indigenous children have suffered medical neglect if not outright abuse from the Canadian state.

Justice Edward also further clarified that “…the Haudenosaunee have both an Aboriginal right to use their own traditional medicines and health practices, and the same right as other people in Ontario” to access the Canadian medical system. This “provides Haudenosaunee culture and knowledge with protection, but it also gives the people unique access to the best we have to offer.”

Justice Edward also clarified that he based his ruling in international law, adding that for the Haudenosaunee, this ruling “fulfills the aspirations of the United Nations Declaration on the Rights of Indigenous Peoples, which states in article 24, that “Indigenous peoples have the right to their traditional medicines and to maintain their health practices… Indigenous individuals also have the right to access, without any discrimination, to all social and health services.”

In this case, what in the Canadian system is understood as an “Aboriginal right” that must be respected, is for the Haudenosaunee a much broader recognition of the continuing existence of the principles of the Two Row Wampum – a mutually beneficial relationship between separate but equal partners.

 Are Indigenous Medical Cannabis Dispensaries an “Aboriginal Right”?

Over the course of the last several years, cannabis dispensaries have begun opening up throughout major cities in Canada. Cities like Vancouver, Toronto and Montreal now have dozens of dispensaries operating openly. Some have followed the letter of the Canadian law and only accepted clients “authorized to use cannabis for medical purposes by their healthcare practitioner.” Others like the Cannabis Culture dispensaries owned by Marc and Jodie Emery, consider all usage of cannabis to be medicinal, and sell cannabis to any adults seeking access to the plant.

All dispensaries claim positive therapeutic effects from the sale of the cannabis related wares and are enthusiasts of the “cannabis culture” broadly understood. And all of these storefronts have been deemed illegal by “the great legalizer” Justin Trudeau, who has felt “frustrated” by the failure of various Canadian police services to crack down on the dispensaries.

Elected band councils in Tyendinaga and Kahnawake are now openly saying that they’re interested in investigating their options in getting into the business as well.

With Indigenous people deeply suspicious of a Canadian medical system which has long mistreated and neglected them, many are turning to cannabis as a “natural” medicine to help with a wide range of health issues including addiction to opioid painkillers and treatment of PTSD. While there is an undeniable economic and political advantage to Indigenous people playing a role in the cannabis industry and staking out their own use of the plant before the anticipated date of Canadian legalization on July 1st, 2018, a more immediate issue concerns the implications of Edward’s ruling for the industry. Specifically, does Edward’s ruling recognizing Haudenosaunee medical practices as an “Aboriginal right” provide a legal bulwark that will protect Indigenous cannabis dispensaries from the raids currently targeting non-native dispensaries in major cities in Canada?

What defines an “Aboriginal Right”?

In Canadian law, an Aboriginal Right is a right recognized under the application of Section 35 (1) of the Constitution Act of 1982 which reads as follows: “the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada are hereby recognized and affirmed.”

These rights exist as a result of the way in which Canada was created – not through the conquest of Indigenous people, but rather through a series of treaties which gave the subjects of the British Crown the right to establish their country on Native lands. In return, the Crown agreed to uphold and protect the rights that were never relinquished by the treaty signers.

It must be stressed that the notion of an “Aboriginal right” is in itself a product of the colonial framework that is so fundamental to Canada itself. What is considered an “Aboriginal right” is being decided by the legal system of a decidedly colonial entity which has systematically carried out cultural and physical  genocide against Indigenous people as it sought to appropriate their lands and resources. The Canadian courts have always been an integral part of this system, and have thus been careful to limit and construct the Aboriginal “rights” in question.

In his consideration of the question of Aboriginal rights, Judge Edwards relied heavily on the Supreme Court of Canada decision in R. v. Van der Peet 109 CCC (3D) 1. This case concerned Aboriginal fishing rights and arose after an Indigenous Sto:lo woman was charged for selling ten salmon she caught herself. The majority decision in that case was delivered by Chief Justice Antonio Lamer.

According to Lamer, Aboriginal rights exist “because when Europeans arrived in North America, Aboriginal peoples were already here, living in communities on the land, and participating in distinctive cultures, as they had done for centuries.” Lamer narrowly defined an Aboriginal right as being “an element of a practice, custom or tradition integral to the distinctive culture of the Aboriginal group claiming the right.”

Moreover, Lamer stressed that the activity must be integral to the culture of the IndigenousAboriginal group claiming it. “The claimant must demonstrate that the practice, custom or tradition was a central and significant part of the society’s distinctive culture… That it was one of the things that truly made the society what it was.”

Justice Lamer added that

“where an Aboriginal community can demonstrate that a particular practice, custom or tradition is integral to its distinctive culture today, and that this practice, custom or tradition has continuity with the practices, customs and traditions of pre-contact times, that community will have demonstrated that the practice, custom or tradition is an Aboriginal right for the purposes of s. 35(1).”

In the case of J.J., Justice Edward had to determine whether “the Six Nations practice of traditional medicine is integral to its distinctive culture today, and that this practice arose during pre-contact times, so that the community will have demonstrated that the practice is an Aboriginal right for the purposes of s.35(1)?”

Evidence presented to the court indicated that “traditional medicine continues to be practised on Six Nations as it was prior to European contact, and in this court’s view there is no question it forms an integral part of who the Six Nations are.”

As a result, Justice Edward wrote,

“I cannot find that J.J. is a child in need of protection when her substitute decision-maker has chosen to exercise her constitutionally protected right to pursue their traditional medicine over the Applicant’s stated course of treatment of chemotherapy.”

Therefore the application was dismissed and the Aboriginal rights of J.J. and her family upheld.

No rights that the Canadian system is required to respect

Despite the significance of Edward’s ruling on Aboriginal rights, the unfortunate reality is that Aboriginal people have no rights that the Canadian system is required to respect. Even though in R. v. Van der Peet Judge Lamer suggested that the rules of evidence should be “relaxed” because of the “evidentiary difficulties in proving a right which originates in times where there were no written records of the practices, customs and traditions engaged in,” his perspective is still firmly colonial.

That is because it allows for a very narrow interpretation of an Aboriginal right. As opposed to seeing Aboriginal communities as distinct, self-organized societies that are actively evolving and constantly redefining their traditions and practises, Lamer recognized only such Aboriginal rights that have been frozen in time.

It is worth noting that in Lamer’s ruling, the Supreme Court of Canada actually upheld the conviction of the appellant, Dorothy Marie Van der Peet of the Sto:lo Nation. She was convicted for selling ten salmon she caught in her people’s river because according to Lamer, “the Aboriginal right to fish for food and ceremonial purposes did not include the right to sell such fish.”

In another foundational case on the issue of Aboriginal right – the Mitchell v. Minister of National Revenue case – Chief Michael Mitchell (Kanentakeron) argued that Mohawks had an Aboriginal right to bring goods across the St. Lawrence River / US-Canada border without paying customs duties. In this case, the Supreme Court of Canada ruled that “the government retained the jurisdiction to limit Aboriginal rights for justifiable reasons in the pursuit of substantial and compelling public objectives.” This ruling is worded vaguely enough to mean that any “Aboriginal right” could be overturned by the Canadian system as long as there were “substantial and compelling public objectives” [for Canada] in overturning it.

In the Mitchell case, the Supreme Court ruled that Mohawks had to pay custom duties when crossing the “imaginary” line of the border into Canada, despite the fact, that “since time immemorial” the Mohawks had crossed the St. Lawrence river which runs directly through their territory without paying duty to anyone. In fact, during the fur trade, the Mohawks controlled the river and collected their own form of “duty” in trade goods from other Indigenous peoples travelling through their country to “New France.”

Implications for the Indigenous Medical Cannabis Industry

On the surface it would thus seem unlikely that a Canadian court would rule that the establishment of cannabis dispensaries by Indigenous people are protected as an Aboriginal right. The Canadian courts are inescapably colonial institutions, and if they ruled in favour of criminalizing an Indigenous woman seeking to make ends meet by selling ten salmon she caught in her people’s river, they would hardly want to provide a legal justification for a multi-million dollar industry run by Indigenous people that will compete with the “substantial and compelling public objectives” of Canadian corporate control over the plant and its revenue.

According to the legal precedents for determining an “Aboriginal right” in the Canadian courts, Aboriginals would have to be able to prove that cannabis was an integral part of their culture pre-contact. Although the issue is contested, there is evidence of cannabis use in pre-contact Indigenous cultures. The seeds of the cannabis plant – the “oldest plant cultivated by humans” – could have been brought by bird or human migration across the Bering Strait – as the first traces of cannabis in the historical record identify its existence in Asia. We also know that the Vikings who arrived in North America over 1000 years ago used hemp sails on their boats and travelled with stocks of hemp seed on board so they could grow the plant in their new settlements.

When Jacques Cartier, who came from a hemp growing region of France, sailed up the St. Lawrence in 1532 he noted that “we found a great quantity of mackerel that they had fished from shore with fish nets made of hemp, which grows in the country where they live normally.”

The Tuscarora, an Iroquoian people in the Carolinas, were known as the people of the “fancy shirts” or the “people of the hemp shirts” and they extensively used fibres to makes shirts, cordage and textiles. The main plant they used was Apocynum cannabinum or Indian Hemp, which while an excellent source of fibre, has no psychoactive properties and is in fact toxic when consumed. However, as a Tuscarora man working at a Six Nations cannabis dispensary pointed out, there are many different strains of hemp that could be used for different things.

“They just all blaze over there. They’re people of the hemp. They’ve been using it since forever. There’s a tons of different kinds of Indian hemp. We’ve had trade, we’ve got artefacts [with cannabis in them] that come from the Incan and Mayan cultures in the mountains of South America. We’ve had different forms of it. You’re goddamn right that we smoked it at one point or another. It went into a bowl and it got smoked. Just to see what happened. Because medicines didn’t find themselves. I give it up to the ancestors of the past that put their bodies on the line who said, I’m going to eat this, I’m going to drink that, I’m going to smoke this. And I hope it takes the flu away. It was impossible for us not to have used it. For us to acknowledge so much other plant life and living things in this world and their uses. For us not to acknowledge what this benefits and how we could use it. I refuse to believe that we just pounded the stem until it turned into fibre and that we didn’t smoke or eat it.”

There is also some evidence that pre-Columbian cultures in modern day Ohio used cannabis for ceremonial purposes. As Rowan Robinson wrote in the Great Book of Hemp:

Some of the earliest evidence of hemp in North America is associated with the ancient Mound Builders of the Great Lakes and Mississippi Valley. Hundreds of clay pipes, some containing cannabis residue and wrapped in hemp cloth, were found in the so-called Death Mask mound of the Hopewell Mound Builders, who lived about 400 B.C.E in modern Ohio. In his 1891 study, Prehistoric Textile Art of Eastern United States, Smithsonian Institute ethnologist W.H. Holmes describes the recovery of large pieces of hemp fabric at one site in Morgan County, Tennessee: the “friends of the dead deposited with the body not only the fabrics worn during life but a number of skeins of the fiber from which the fabrics were probably made. This fiber has been identified as that of the Cannabis sativa, or wild hemp.

Between equal rights, force decides

The nature of the relationship that Indigenous people will be allowed by Canada to have with the cannabis plant has yet to be determined. The Canadian government of Justin Trudeau appears to be quite determined to hand over the 8 billion dollar black market cannabis industry to their friends in the police, pharmaceutical industry and the Liberal party. These are the people who are heading up the corporations that will be the only “Licensed Producers” of the plant under the promised Liberal legislation.

Indigenous people have the potential of breaking the proposed corporate monopoly on the plant. And in breaking that corporate monopoly, they have the chance to re-establish their own economies on their own terms. As the Mohawk Dacajeweiah (John Boncore) said in 1995:

“The more I look into the detailed history of hemp in this country, the more I realize the question again boils down to destroying the economic base of all Indigenous, good people in this world. Long before other nations came to this continent, native peoples had knowledge of this sacred plant, this sacred medicine… Those who understand the power of this plant and the uses of this plant have become potential victims upon the sacrificial altar of multinational corporations… that have vested interests in products that make you sicker, and against a natural plant that will bring you back to health.

And when I think of all the potential for the growth of hemp for textiles, for fuel, for food, for clothing, for anything imaginable by the thousands of uses, I think there could possibly be, among Indigenous nations, a revival and a resurrection of economic stability, of economic self-dependency by coming to grips with the possibility of growing this sacred plant by Native, Indigenous nations, and then interacting through international exchange and cooperation.. I believe that this sacred plant could have world-wide implications.”

This revival of economic self-dependency based on cannabis is growing fastest in Tyendinaga Mohawk Territory, where multiple dispensaries exist. In February of 2017, the Tyendinaga band council expressed its interest and support for existence of medicinal cannabis dispensaries on reserve, providing that they be “regulated.” By the spring of 2017 there were over a dozen different dispensaries open in Tyendinaga.

The problem ultimately with the concept of “Aboriginal right” in Canadian law is that it does not allow for the most fundamental and basic right of all nations – the right to self determination. This right implies the ability for a nation to establish a sovereign political representation for itself on its own land base. As Mohawk Lawyer Steven Ford points out, even though the right to national self determination is the fundamental basis of international law, it is a right explicitly denied to Indigenous people by the Canadian state.

If cannabis dispensaries are not viewed as an Aboriginal right by the Canadian courts, the question is, can and will they be defended by Indigenous political entities? The answer from Mohawk elder Kanasaraken (Loran Thompson) of Akwesasne, recalls the way that Haudenosaunee people have protected their tobacco trade.

“They need to have a political entity backing them up. So what I would recommend is that they get that from a long time governing entity that’s affiliated with the longhouse. The Kayenere:kowa the Great Law. Those people need to come in session and recognize in front of them, that these people that are in front of them [the Indigenous cannabis growers and retailers] have all the rights in the world to do what they’re doing.… But they need to get a document from the traditional government, the longhouse government under the Great Law, recognizing their right to do what they are doing. That governing entity needs to understand what they are doing clearly – that it’s all above board and that it’s all for the betterment and the health of our people.”

The perspective that Kanasaraken outlines is one of traditional Indigenous governance systems that pre-dates colonialism, coming forward to protect their economic base and to take back their rights to grow and benefit from plants grown on their lands. A similar such approach was implemented by the Haudenosaunee Confederacy Chief’s Council in Oswego with their tobacco law aimed at regulating and protecting the Indigenous tobacco industry from Canadian interference.

If the courts will not grant “Aboriginal right,” the alternative may just be the daily exercise of sovereignty that is already taking place through the operation of these dispensaries. There is an old saying that “between equal rights, force decides.” Repeated conflicts with state authorities in Caledonia, Tyendinaga, Kanehsatake and Kahnawake have proven that Canadian security forces don’t have the stomach for serious confrontation with Onkwehon:we people. In Caledonia, the OPP were no match for Six Nations, and were driven from the field and defeated on April 20th, 2006. This day constituted the biggest operational defeat in the force’s history and affected how the OPP subsequently dealt with the Idle No More protests of 2012.

So the fact that Six Nations residents organized themselves to offer physical protection to the family of Mikayla Sault to ensure that she would not be kidnapped from her home, should not be discounted in the ultimate reasoning that led to Justice Edward’s decision. If Justice Edward, himself a member of the Six Nations, had upheld the request from the hospital to apprehend J.J. there was every likelihood of a major political crisis erupting.

From the standpoint of the courts, what is paramount is their continued ability to acknowledged as the ultimate sources of authority and judgement in society. If that means legal frameworks have to be changed, and the rights of increasingly powerful Indigenous actors recognized, than so be it.

This is indeed exactly how the legal victories of women’s suffrage, union rights, and civil rights era were won. Mass mobilizations and displays of people’s power convinced the courts to change the laws rather than risk rebellion and ultimately revolution.

Legal decisions occur in particular political and social contexts. In times of social transition and political upheaval, decisions that courts make in order to legitimize and maintain the system they belong to can change quickly. Whether recognized as an Aboriginal right, or protected through daily acts of self determination and the support by Indigenous political institutions, the Indigenous cannabis industry is out of the gates and moving fast.

The old days when Canada had full control of Indigenous people on reserves are long gone, and a new “green” economy and a new generation of Indigenous people ready to fight for what is theirs has arrived. 

The post Analysis: Is Cannabis an Aboriginal Right? appeared first on Medicine Wheel Natural Healing.

ALDERVILLE FIRST NATION – From salves and lip balms to tinctures and vape pens, Mukwa Botanicals now offers a wide range of indigenous sourced and indigenous made cannabis products. After the official product launch to be held on Saturday, February 24th from 1-4pm at Medicine Wheel Natural Healing, the Mukwa Botanicals line will be available at indigenous cannabis dispensaries across Ontario.

Mukwa means bear in the Ojibway language. In Anishinaabe culture, the bear represents courage, strength, and leadership and the bear clan is traditionally tasked with providing medicines for the people. Mukwa Botanicals was created by Rob Stevenson, an Anishinaabe man of the Bear Clan, who owns Medicine Wheel Natural Healing in Alderville First Nation. Rob identified the need for an Indigenous brand of cannabis products that would uphold the Seven Grandfather Teachings that underpin the core philosophy of Medicine Wheel Natural Healing.

“We’re community-focused,” says Stevenson. “I’m trying to put us in a position to develop the indigenous cannabis industry as a whole, not just for myself but for all the different communities that want to take this path.”

The Mukwa Botanical brand is “developed by Indigenous people, for Indigenous people,” Stevenson emphasizes, indicating that ‘Mukwa’ is a reference to his own identity in belonging to the bear clan. “It encompasses all of what we’re trying to do: using products that are made by indigenous people, majority-sourced from Indigenous people, and we are putting a portion of the profits back to the community.”

Some of the products that Mukwa Botanicals will feature at the launch include rechargeable vape pens that vary in CBD and THC content, from all CBD, to mixed, to mostly THC. Other products include tinctures and essential oils, and soon organic edibles will be added to the product line.

Essential to the Mukwa brand is the way the medicine is extracted, a method that favours using the entire plant’s spectrum rather than employing isolates or distillates to separate its various psycho and non-psychoactive contents. The idea, Stevenson explains, is to maintain the plant’s full terpene profile, which then creates an “entourage effect” that works much better on the body.

“So we’re trying to create a more holistic environment, because it’s not just about money,” Stevenson said. “We’re really trying to educate people. Again, it’s not just the THC numbers and products; there’s a heck of a lot more to the plant than just the THC – and that’s what we want to focus on.”

As the medicinal cannabis industry grows, more people are beginning to see the true potential of the plant. Its medicinal value is rapidly coming to be accepted even by the western health system. But it will be a while longer before all the stigma is removed from the plant and those that choose to use it are able to do so freely. Rob hopes that what he is doing at Medicine Wheel and with Mukwa Botanicals will help bridge that gap and, in doing so, give Indian Country a much needed economic boost.

And that cannot be understated. As Rob explained, economic independence – whether it’s from medicinal cannabis or any other industry – is essential for political independence.

Medicinal cannabis “is an opportunity for us to get off the coattails of the government and to become self sustaining again,” he said. “What I’d like to see is non-interference. I understand there will be some kind of need to work with the government, but I think it should be up to each individual community to decide how to proceed. Now there’s the opportunity to get on board and make something of this opportunity.”

Medicine Wheel Natural Healing is located at 8986 County Road 45, in Alderville First Nation. The Mukwa Botanicals launch will be held all day on Saturday, February 24 at the Medicine Wheel store from 1-4pm. Visit Mukwa Botanicals at www.mukwabotanicals.com

The post From the Land, For the People: Introducing Mukwa Botanicals appeared first on Medicine Wheel Natural Healing.

The revolution in natural Indigenous healing associated with the cannabis plant has taken another significant step forward. Readers may be familiar with the booming medical cannabis industry in Tyendinaga Mohawk Territory, where there has been an explosive growth of Indigenous run cannabis dispensaries.

That movement has inspired Rob Stevenson, an Anishinaabe man of the Bear Clan belonging to the Alderville First Nation, to launch his own business – the first Indigenous medical cannabis dispensary outside of Tyendinaga – on June 21, 2017.

Medicine Wheel Natural Healing offers a wide range of products. This includes an array of different cannabis flowers including sativa, indica, and many specialized hybrids. The store also has different kinds of shatter, rosin, oil, distillates, gummies, tinctures, syrups, and vape pens. They also have an assortment of different edibles.

Stevenson has also brought in other natural indigenous medicines such as bear grease, marshmallow root, and arnica to the store. As he puts it, “It’s all about being natural – and this is much more than just about cannabis – we want to be all encompassing about all natural health solutions.”

Although the grand opening celebration and the party are yet to come (stay tuned for details), Stevenson did a ‘soft launch’ for the facility – located at 8986 County Road 45 Roseneath K0K 2X0 in Alderville First Nation – on June 21, 2017.

A family affair

The 21st of June is an auspicious day for Stevenson, not only because it is the summer solstice and National Aboriginal Day, but also because it is his birthday. The 37-year old’s tight knit family were present for the occasion, and are very supportive of his endeavour.

Rob’s mother Charlene works for a local woman’s shelter. She is proud of the work that her son is doing. With her daughter working as a physiotherapist, and with her son establishing the clinic, Charlene knows that her family is committed to helping their community to heal. As she puts it, Rob’s latest effort is about “healing the community and making us better as a whole – in mind, body, and spirit.”

Rob’s father Glen runs the family business, Stevenson Building Products, and has spent the last several months working with his son to completely renovate the new home of Medicine Wheel. Glen is also a big believer in his son’s cause.

Launching into an impassioned description of the benefits of the cannabis plant, Glen stated that, “sharing of knowledge and information is really what it’s all about. We’re coming out of the dark ages; cannabis has been suppressed for too long. I think if people take the time to research the plant, they will find that it provides huge benefits for human beings. Education and talking about it will take the stigma away.”

Glen added, “This plant should be respected. There are so many ways it can help people from making fiber, building products, plastics, etc. These are exciting times, to say the least.”

The results of Glen and Rob’s work in renovating the new facility is remarkable. The Medicine Wheel building is a brightly lit and spacious chalet with big windows and a decidedly clean and modern look and feel. The two main interior walls are made with dry stack Fusion Stone which gives the inside a natural feeling of protection and safety. The building itself has been carefully renovated to meet all security concerns. Indeed, aside from Tim Barnhart’s new headquarters for Legacy 420 in Tyendinaga, Medicine Wheel is hands down the best looking and most professional cannabis dispensary in ‘Indian country.’

Origins of the business

Stevenson has long had an interest in the cannabis plant and its healing properties. In the fall of 2016, he was in the process of establishing the Smoke Signals Seed Bank specializing in high-grade cannabis seeds.

Then Stevenson caught wind of what the Mohawks were doing in Tyendinaga. In January of 2017, Stevenson saw the invite to the founding meeting of the National Indigenous Medical Cannabis Association. Intrigued by the group’s mandate of encouraging “the self-regulation of the Indigenous Medical Cannabis Industry through the application of Indigenous political and economic principles,” he decided that he had to come and see for himself.

Because the Canadian government showed no willingness to consult Indigenous peoples about their upcoming proposals for cannabis legalization, NIMCA decided that it wouldn’t wait around for Canadian approval, and proceeded proactively on the basis of Indigenous rights.

Energized by meeting with some 40 other Indigenous people looking for ways that cannabis as a plant could benefit their communities, Stevenson became active with the group and was soon nominated to a position as the Ontario Vice President of the Indigenous Medical Cannabis Association.

In that role, Stevenson worked to distil some guidelines and best practices from dispensaries already operating in Tyendinaga and learned as much as he could from the Tyendinaga dispensary model pioneered by Tim Barnhart and Legacy 420.

Stevenson wants everything in his business to be above ground and legitimate. Coming from a lifetime of activity with a successful family construction business, and surrounded by a great group of highly motivated and talented employees from his community, Stevenson is hoping to create a model that other indigenous people can use in their medical cannabis efforts.

“Anyone else who opens up a dispensary on this reserve, or any other reserve, I’m glad to share any of my information here. I’m documenting everything I’ve done, from security and renovations to training employees, product education and all that stuff. I’m willing to share all this information at no cost with the people willing to do this. The reason being, I want to see this done right, and I don’t want dispensaries to be seen in a negative light because people are doing them wrong.”

Stevenson wants to see the industry grow, and he welcomes competition and even the growth of other dispensaries in his home community. “There’s more than enough for every single person in my community to find opportunities to benefit from this industry and all of its related domains,” points out Stevenson.

Stevenson is also making sure that his new business is a win-win operation for the community. He notes that “we’ve hired seven full-time employees that reside on this reserve. We’re also giving a percentage of our profits back directly to the community by supporting different events, and contributing towards our local woman’s shelter and youth groups.”

Before he opened the store, Stevenson made a PowerPoint presentation to his local Band Council outlining the framework under which he was operating. According to Stevenson, “I’ve had a good acknowledgment of what we’re doing by Chief and Council, they are very supportive of it. I made a presentation to them outlining everything we wanted to do, our practices and protocols, and it was met with a lot of respect from Band Council. I made them aware of a lot of the benefits of cannabis that people may not know about.”

Rob Stevenson explains how the registration form works.

Protocols and Procedures

Before a customer can buy any product, they must first go to Medicine Wheel’s “consultation counter.” At the counter, they meet with a staff person and are required to fill out a one-page form about their medical history and relationship to cannabis. After identifying their need for cannabis, customers are provided with a membership card. The card is scanned into the point-of-sale system with all purchases, and this allows Medicine Wheel and the customer to track and monitor their medical progress. This could result in either increasing dosage or changing strains or using different products altogether.

All medical materials are kept in the strictest confidence. The aim, as Rob Stevenson puts it, is to “keep records of customers and what conditions they may have. We work with customers in consultations and keep track of what the different effects of the different strains are.”

Medicine Wheel’s primary incentive is not profit but helping people. Aware that they are functioning in the era of a new information technology economy, Stevenson seeks to operate their store on the cutting edge of medical technology.

That means using the internet as a learning tool, and seeking out “the cannabis experts emerging from the underground” as Glen puts it. The keeping of medical data and records for their patients, and using that medical data to help people and to advance what to date is an understudied field of medical learning, is a key part of this practice.

Rob Stevenson drives the point home. “We’re trying to set the standard. We are trying to show that you don’t need to be greedy and hoard all kinds of money. Put it back in the community. You get much more satisfaction by giving back to the community. You get to help people – and you really can’t ask for more satisfaction than that.”

The Medicine Wheel Healing Centre is located on Alderville First Nation 8986 county road 45 Roseneath K0K 2X0 just off of Highway 45, near the town of Roseneath. The Alderville First Nation is located on the south shore of Rice Lake. Peterborough is on the North side of the lake, Oshawa is to the west, and Coburg and Port Hope are due south on Highway 45. The store is open 11am-7pm, Tuesday through Sunday and closed on Mondays. Call anytime at (905) 352-3322.

The post “This Is The Future” – Medicine Wheel Natural Healing appeared first on Medicine Wheel Natural Healing.

By Tom Keefer Originally published on Vice News

Last weekend, a few dozen people gathered in Tyendinaga Mohawk Territory to formally launch a national Indigenous organization to promote and defend the Indigenous relationship to the cannabis plant. Named NIMCA—the National Indigenous Medical Cannabis Association—the association is aiming to have branches in every province in Canada.

With Canadian legalization expected to begin on July 1, 2018, NIMCA is expressing concern that Indigenous people not be ignored or excluded by the Liberal’s legal weed regime framework.https://www.youtube.com/embed/7Zmi0F4IooE?feature=oembed

As Kevin Daniels, national vice president for the National Indigenous Medical Cannabis Association, put it, “There are cannabis dispensaries opening up across the country, but we’re still being left out. The time has come as Indigenous growers, owners, workers and patients to take sovereign control of cannabis in our communities. How we regulate it and how we distribute it, all has to come from our people to Canadian society and government.”

One of the main focuses in the discussion was the healing and therapeutic uses of cannabis, particularly in the context of Canada’s opioid overdose epidemic, which is hitting Indigenous communities hard.

“We’re not going to ignore that elephant in the room anymore,” Brian Marquis, president of the Ontario Indigenous Medical Cannabis Association and member of NIMCA’s national executive, told VICE. “I’ve had three brothers die from drug overdoses. We’re not going to allow ourselves to be swept under the table when it comes to dealing with that. We will develop a national strategy in order to help alleviate this type of addiction that is taking over, not just native territories but every municipality and town in this country.”

Marquis’ viewpoint is based upon an increasingly recognized perspective that medical marijuana might have a positive role to play in combating opioid addiction.

Clifton Ariwakehte Nicholas, a Mohawk from Kanehsatake and Quebec representative to the national executive, says an Indigenous cannabis industry could challenge Canada’s incoming legalization system by taking away tax revenue. “I think we have an opportunity to do it differently and to change the status quo,” he said.

“One of the beautiful things about being within Indigenous communities, is that we are not tax collectors for federal and provincial governments. We will adhere to the rules that we set for ourselves now,” Nicholas told VICE. “We have to be able to pass all the judgements and do our own thing cause we are a sovereign peoples and we have that right. I think we have to exercise that right to become the spear point of the cannabis industry in Canada. If we don’t it will be taken from our hands like tobacco was.”

Rob Stevenson, Bear Clan from Alderville First Nation and the vice president of the Ontario Indigenous Medical Cannabis Association, said forming the group was only a first step. “With all the poverty, everything that’s going on with society and First Nations, it’s time for us to make a stand to do something to improve that,” he said. “We’re going to plant that seed. We’re going to plant that healing plant and it’s going to help us.’

With eight different cannabis dispensaries now open on Tyendinaga Mohawk Territory and a band council supportive of regulated medicinal cannabis, it is quite clear that those seeds have already been planted, and are already germinating.

All photos via the author.

Follow Tom Keefer on Twitter.

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