Opportunity Lost? The Making of the Cannabis Act and Canada’s Refusal to Acknowledge Indigenous Jurisdiction

The Government of Canada’s professed commitment to new ‘nation-to-nation’ relations with Indigenous Peoples has been widely publicized through ongoing reconciliatory rhetoric. An opportunity to walk its talk came in 2015 when the federal government announced its plan to legalize recreational cannabis after a century of prohibition, along with a promise to include Indigenous Peoples and governments in the policy creation process. Many First Nations hoped to benefit from the new, prospectively very profitable, and ecologically neutral industry, while many others were more concerned with potential social problems. Both sought greater control over licensing and distribution in their territories in keeping with the new nation-to-nation relations that were promised. Our research began by compiling more than 2,000 documents produced between 2016 and 2021 related to cannabis policy to create a chronology of events surrounding Indigenous-Crown interactions regarding cannabis legalization. This covered both the lead-up to and aftermath of the 2018 Cannabis Act and reflected the public exchange between Indigenous groups, Indigenous governments, and Canadian government officials during the creation and implementation of Canada’s recreational cannabis policy. Our research outlines specific Indigenous interests and concerns related to cannabis legalization and assesses the extent to which they were evident in Canada’s final cannabis policy. The authors set out to examine whether the government’s behaviour on this issue went beyond respectful and egalitarian platitudes and lived up to its promises to work nation-to-nation and include Indigenous Nations as true partners in Confederation. Rather than highlighting an era of reconciliation that supports Indigenous self-determinism and economic self-sufficiency, the authors conclude that the new nation-to-nation relationships look a lot like the old ones.