N.S. moves to increase fines, give officers more power to enforce cannabis act

CITYnews halifax / By Mark Hodgins

The Nova Scotia government introduced legislation on Wednesday as it continues to push for stronger enforcement around cannabis.

The bill makes amendments to the Cannabis Control Act that the government says are aimed at improving public health and safety.

“We are strengthening the Cannabis Control Act through expanded enforcement authority, increased fines and addressing evidentiary issues,” said Attorney General and Justice Minister Scott Armstrong. “These amendments will protect our young people and ensure adults who choose to use cannabis can do so safely, with tested and regulated products.”

The legislation makes several changes, including the creation of a new offence for landlords who permit premises to be used in the distribution or sale of cannabis in violation of the Control Act, and increased fine amounts, along with new mandatory minimum fines.

Enforcement is being expanded as well, allowing the government to appoint peace officers, including special constables like conservation officers, to enforce the act in addition to police.

Related:

• Fact File: Police unaware of any link between human trafficking, N.S. cannabis shops
• Mi’kmaq chiefs, former attorney general disappointed with N.S. cannabis directive
• N.S. RCMP say officers faced racist comments during raid at Indigenous cannabis store

Changes to court processes are also part of the bill. The government notes the legislation includes language “clarifying that courts can infer a product is cannabis based on common-sense observations, such as appearance and odour.”

Changes to cannabis gets backlash from some

In December, the justice minister directed police to crack down on illegal dispensaries, which led to criticism that the government may be interfering with law enforcement to target First Nations communities.

In response, some Indigenous activists say the moves are racist, and one legal scholar says the justice minister appears to be infringing on police independence.

Wayne MacKay, professor emeritus of law at Dalhousie University in Halifax, said the justice minister has the authority to issue directives to police regarding administrative and operating procedures. But he said Armstrong’s decision to order a crackdown on illegal cannabis operations appears to go too far.

“The political branch of government, including the minister of justice, are not to interfere with the discretion of the police at the specific operational level in relation to either who they are pursuing or what particular laws they’re enforcing,” MacKay said previously.

Premier Tim Houston has repeatedly said Mi’kmaq cannabis operations are not being targeted, and that all unlicensed cannabis is illegal. On Dec. 4, Armstrong said there were 118 illegal cannabis shops operating across the province.

“It’s not regulated, it’s not tested. It’s dangerous. And guess what? It’s a big, big industry with significant cash involved. These are cash businesses, and if anyone thinks that there is not organized crime standing behind this massive cash business in this province, then I don’t know what to tell you. Because it’s obvious that there’s organized crime involved,” Houston said.

A spokesperson for the Halifax Regional Police told The Canadian Press in January that the force is not investigating any files in which human trafficking and unregulated cannabis sales are connected.

A Nova Scotia RCMP spokesperson said the Mounties are not aware of evidence of a direct connection between human trafficking and illegal cannabis markets, “but both crimes can coexist. That means overlap is possible, even if not documented today.”