Jurisdictional Pot Wars Begin

[cannuck]

I have dealt with the issues surrounding aboriginal reserves and the rights of Canadians with respect to them for decades.   Any notion that you can have a "nation within a nation" is ludicrous, and these kinds of issues are what prove my point.

https://globalnews.ca/news/4662901/fsin-legal-action-saskatchewan-first-nations-cannabis/

The idea that some plot of FEDERAL CROWN LAND, located within a provincial border can exist as a "First Nation" and decide on its own what laws do and do not apply is, I repeat, LUDICROUS.   But that simple bit of common sense has eluded generations of idiot bureaucrats and lawyers.

Since the pot fiasco started, I have been patiently waiting how reserves - with their propensity for use of intoxicants - would deal with it.  Well, now we know.  FSIN claims that the Provinces - given such authority by the Feds (on who's land the aboriginals live and from who's tax cup they drink rather freely) have no authority to regulate and enforce on reserve.  One precedent is personal property laws - a bank can not enter a reserve (without permission) to act on a security agreement, for instance.

Ordered my popcorn this morning.

[eyeball]

In actual practice, a FN government is more like that of a municipality or regional district. A number of provinces have clearly given these jurisdictions the opportunity to make up their own pot rules and I fully expect the court will tell Saskatchewan to go pop itself some corn and chill out.

We've really picked just about the worst moment in history to legalize pot - at a time when levels of moral panic and ideological absolutism have never been higher. It's pretty hilarious, like watching a bunch of headless chickens ripped on LSD.

[Centerpiece]

Gee, I thought a Canadian is a Canadian is a Canadian. I guess some are more equal than others.

[Don Jonas]

There has always been differences in provincial legislation. Do you have something against communities deciding for themselves what they want rather than be dictated to by the federal government?

[h102]

They should abolish all the reserves.  indian act is racist.

[cannuck]

12 hours ago, Don Jonas said:

There has always been differences in provincial legislation. Do you have something against communities deciding for themselves what they want rather than be dictated to by the federal government?

I would like my Rural Municipality to pass a bylaw making shooting a trespasser quite acceptable.  No different from a reserve (essentially and RM) making their own drug laws.

Jurisdiction at the appropriate level of government is a pretty big deal.  Drug regulation and enforcement is pretty much a Federal matter - thus why I raised my eyebrows when the Feds gave that up to the provinces.   Then again: the provinces already do that with alcohol, so why not other drugs?   Either way, WAY out of the league of a municipal level of government - that gets back to the "First Nations = sovereign nation-within-a-nation" issue.  Are you listening, PQ???

Edited November 16, 2018 by cannuck

[Guest]

55 minutes ago, cannuck said:

I would like my Rural Municipality to pass a bylaw making shooting a trespasser quite acceptable. 

Except on Halloween.  That could get messy.

[Rue]

8 hours ago, h102 said:

They should abolish all the reserves.  indian act is racist.

Ironically it is preserved today to try undo past unfair practices to aboriginals but creates new ones in so doing.

The reservation system does have serious socio-economic issues and political corruption yes.

Self-government might not be the problem but instead an incompetent federal government including elected members and the civil service branch as well as corrupt aboriginal representatives.

 

Edited November 16, 2018 by Rue

[h102]

On 11/16/2018 at 10:42 AM, Rue said:

Ironically it is preserved today to try undo past unfair practices to aboriginals but creates new ones in so doing.

The reservation system does have serious socio-economic issues and political corruption yes.

Self-government might not be the problem but instead an incompetent federal government including elected members and the civil service branch as well as corrupt aboriginal representatives.

 

Sure, but who can look at the disaster they are and try to defend these modelsof government.  At least in most small towns kids are not resorting to sniffing gaslines.  We are stigmatizing aboriginals by putting them in special pieces of land and telling them how different they are from normal society.  No one else who lives in normal areas has this problem. End the reserves, let them have their own cities like normal people or ethnic enclaves.

[cannuck]

2 hours ago, h102 said:

.  At least in most small towns kids are not resorting to sniffing gaslines.

No, they seldom sniff gas.  They have ready access to unlimited quantities of alcohol and marijuana - that they use liberally.   Dependent adults are no different from dependent children - having nothing else to do all day and free resources most will replace sex, drugs and rock and roll with sex, drugs, violence and country and western.