WESTBANK FIRST NATION CANNABIS LAW WORKING GROUP INFORMATION
Previous Dates:
1) kətc’ac’aɬtən (November) 2, 2020 - Working Group - 5:00 p.m. to 7:00 p.m. via Zoom meeting platform
2) kətc’ac’aɬtən (November) 23, 2020 - Working Group - 5:00 p.m. to 7:00 p.m. via Zoom meeting platform (rescheduled to smík’ʷtən (December) 7, 2020)
3) smík’ʷtən (December) 7, 2020 - Working Group - 5:00 p.m. to 7:00 p.m. via Zoom meeting platform
4) sknír’mn (February) 22, 2021 - Working Group - 5:00 p.m. to 7:00 p.m. via Zoom meeting platform
Engagement Materials:
1) Zoom Access information
2) WFN Cannabis Amendments: A Legislative Timeline
3) Cannabis Regulation Decision-Making Framework
4) Cannabis Law 2020 Working Group Draft
5) Draft Cannabis Commission Terms of Reference
6) kətc’ac’aɬtən (November) 2, 2020 Working Group Meeting Notes
7) smík’ʷtən (December) 7, 2020 Working Group Meeting Notes
8) sknír’mn (February) 22, 2021 Working Group Meeting Notes
Background:
On spáqtan (January) 28, 2019, Council gave First Reading to amendments to three WFN Laws: the Business License Law, Land Use Law, and Safe Premises Law (the “Three Laws”). These amendments were intended to provide the regulatory framework under which the cultivation, distribution, and sale of cannabis would be permitted on Westbank lands. A timeline of events leading up to First Reading can be found here .
Amendments to the Three Laws was recommended by staff at the time, as it allowed WFN to use and rely on the provincially funded cannabis licensing program, including monitoring and enforcement, while an agreement on the distribution of cannabis‐related tax revenues was reached between First Nations and Canada.
Staff engaged Membership with three planned information meetings, addressing the legal aspects, the business aspects, and the health aspects of the cannabis industry and cannabis use. Attendance at the first two information meetings was minimal, so the third was postponed. Membership also engaged with Council on the cannabis issue at a Special Membership Meeting, and through a Member feedback survey.
Although the majority of Member feedback received during the consultation phase of this amendment process was in favour of the proposed amendments, concerns were raised regarding who ultimately had the authority to determine to allow a cannabis‐related business to operate on Westbank lands.
At Council's sp’iƛ̕əmtən (April) 8th, 2019 meeting, Second Reading to the proposed amendments to the Three Laws was not given. Council instead directed staff to bring other options for potential regulatory frameworks, and requested that Staff complete a comprehensive review of how other First Nations in Canada have addressed the regulation of cannabis on their land. In consideration of the different models of regulatory schemes available, staff also prepared a Cannabis Regulation Decision Making Flow Chart to facilitate discussion among Council and with the Membership on what the regulation of cannabis on Westbank lands should look like. This is available here .
At the sp’iƛ̕əmtən (April) 29, 2019 Policy meeting, Council reviewed the materials prepared by staff and directed this matter to the y'ilmixʷəm skəmxist / Chief Black Bear Committee (the "Committee") for consideration and recommendation. On sp’iƛ̕əmtən (April) 28, 2020, the Committee considered the matter, following some discussion that had occurred at the sp’iƛ̕əmtən (April) 27, 2020 Policy meeting, where an interest in initiating a Cannabis Law received support. The Committee supported exploring the Cannabis Law concept and ultimately recommended the matter be returned to Council in order for Council to initiate the law enactment process, pursuant to section 60.2 of the Westbank First Nation Constitution.
Council initiated the enactment process on míktúʔtin (May) 4, 2020, and directed staff to prepare a draft Cannabis Law that would allow WFN to regulate all types of cannabis‐related businesses on Westbank Lands: production, processing, distribution, and retail. Staff prepared the draft Cannabis Law as a result of this direction which can be found here.
Complete documents for discussion can further be found below as well as the upcoming Zoom engagement scheduled for kətc’ac’aɬtən (November) 2, 2020 access information below.