SUDBURY—The high-profile case involving 10 defendants charged with operating unregulated cannabis stores on Wahnapitae, Henvey Inlet, and Garden River First Nations has entered a critical new phase as trial dates have been scheduled for three weeks in the spring of 2025: the weeks of April 7, April 21 and April 28.
This case, which began with a constitutional challenge over four years ago, revolves around the assertion that the legalization of cannabis in 2018 infringes on the defendants’ rights as First Nations people to trade the substance as part of their economic development. The defendants argue that the Cannabis Act and Controlled Drugs and Substances Act violate their rights under Section 35 of the Constitution Act, 1982, which recognizes and affirms Indigenous rights.
The 10 defendants—David Brennan, Sarah McQuabbie, Harley Hill, Clayton Hill, Chadwick McGregor, Michael Nolan, Dennis Wigmore, Derek Roque, Noble Boucher, and Luke Klink—identify as descendants of the Amikwa Nation. They contend that the Amikwa, who did not enter treaty negotiations nor cede their territory, retain their inherent rights.
The legitimacy of the Amikwa Nation has been a key point of contention in the case. Opposing the defense’s claims, Thomas Lambert of Nipissing First Nation has argued that the Amikwa are a fabricated entity, questioning their historical existence and the defense’s interpretation of Indigenous heritage.
At the heart of the case is Dr. William Newbigging, a historian and professor specializing in Anishnaabemowin, whose testimony aims to establish the historical continuity of the Amikwa Nation. In March 2024, Dr. Newbigging underwent three days of cross-examination, during which his findings were challenged by the Crown. A “voir dire” was held to determine whether Dr. Newbigging could be admitted as an expert witness. While Judge Boucher acknowledged the importance of flexibility in evidence rules to prevent a miscarriage of justice, the final admissibility of Dr. Newbigging’s testimony remains under scrutiny.
A case conference in November 2024 set the stage for the next phase of the trial, now adjourned to spring 2025. The upcoming trial dates signal progress in a case that has captivated attention for its implications on Indigenous rights, cannabis regulation and economic development.
With questions of cultural identity, historical continuity, and constitutional rights at play, the case continues to draw interest from legal observers, First Nations communities and policymakers alike. The spring trial will likely provide critical insights into the intersection of Indigenous rights and Canada’s cannabis laws.
