Georgina Cannabis store owner fights for Indigenous rights after York police raid
“I’m proud to be arrested so my children don’t have to go through this,” says Jared Big Canoe.
A local Indigenous-owned pot shop in Georgina is fighting a legal battle over the sale of cannabis off-reserve without a licence, invoking Indigenous rights as defence.
Situated on 120 High St. in Sutton, 8th Fire Co opened its doors in February, only to encounter a York police raid on March 7. Store owner Jared Big Canoe says he intends to “vigorously defend” his case during the upcoming court session on May 8 in Newmarket.
“I have the legal right to sell cannabis plant medicine in my traditional territory,” Big Canoe, a well-travelled Chippewa from Georgina Island First Nation, told YorkRegion.com. “I’m not doing anything illegal. I’m not a criminal.”
“This is our traditional territory. Georgina is my family’s hunting ground. I’m just continuing the tradition of hunting and trapping and collecting to feed my family in this territory.”
A team of nine York Regional Police officers conducted a raid on his store, confiscating $8,000 worth of cannabis and $2,000 in cash as evidential material.
YRP filed two charges under the Cannabis Act (2017): Possession for the Purpose of Cannabis Distribution and Distribution of Illicit Cannabis. If convicted, Big Canoe could face two years of imprisonment, or a fine of $250,000, or both.
Big Canoe is seeking to have his charges withdrawn and the cannabis and cash seized by police returned. But more importantly, he wants to affirm his right as an Indigenous person to sell cannabis off-reserve without a provincial licence.
Big Canoe highlights the glaring omission of Indigenous communities in the discourse surrounding cannabis legalization in Canada. “They didn’t factor us in when they drafted the legislation. So we’re left in a grey area,” he said, noting that charges were dropped in a similar case in Nova Scotia.
Big Canoe contends that specific provisions within the Canadian Charter of Rights and Freedoms grant Indigenous peoples the authority to engage in cannabis sales on their traditional lands.
“In the Canadian Constitution, Sections 25 and 35 address the Indigenous people’s right to self-determination and the preservation of their traditional practices. Historical research suggests that cannabis was used in North America prior to colonization.”
While 8th Fire Co might be Georgina’s first, it certainly isn’t the sole sovereign cannabis dispensary in Canada. According to a map compiled by the website Dispensing Freedom, more than 250 similar shops are operating coast-to-coast.
Legal experts suggest that owners like Big Canoe could make a case for the legality of Indigenous trade and medical use of the cannabis plant by pointing to its historical significance prior to colonialism.
“There is no licensing, no following the rules that they impose on you. It has to be nation to nation.”
“My ancestors fought so that this could be Canada. I need to prove we have the right to be here,” said Big Canoe. “There is no licensing, no following the rules that they impose on you. It has to be nation to nation.”
“It’s called the Two Row Wampum. My nation’s boat travels this way, and Canada’s boat goes another way. Our boats are supposed to run parallel in our own path and not overlap. That’s the treaty that we made together.”
Identifying as a member of the Anishinabek nation, Big Canoe emphasizes that his fight extends beyond himself, advocating for the rights and future of his generation.
“Our nation faced near annihilation and depletion. It’s my job to ensure a future for my people on this land. Beyond entrepreneurship, I aim to inspire fellow Indigenous individuals to assert their rights and actively participate in the economy,” he said.
“I’m proud to be arrested so my children don’t have to go through this,” said Big Canoe, a father to a seven-year-old daughter. “I’m going to fight for our rights like a true leader back in the day.”
Big Canoe has initiated a GoFundMe campaign to assist with his legal expenses.
As the legal battle unfolds, Big Canoe, who was empowered as a child with his culture and education, keeps his store open and proudly embraces the role of an Indigenous cultural ambassador.
He perceives his arts and crafts shop not only as a business, but also as a platform for educating Canadians about Indigenous culture and heritage.
“We’re reigniting our culture through this store. It’s like my job to educate Canadians on the parts of Indigenous people’s lives that they may not know,” Big Canoe explained.
“We’re more the same than we are different.”
