Okanagan band member suing province over Vernon cannabis store raid
An Okanagan Indian Band member who set up a pot shop in downtown Vernon without provincial approval is suing the province for closing him down.
Cory Patrick Brewer set up Tupa's Joint cannabis store in May 2020 on 28 Avenue in Vernon only to have it raided and closed down by the province's pot police, the Community Safety Unit, weeks later.
On May 2, Brewer, his store Tupa's Joint and the Sylix Cannabis Society, filed a civil suit against the Director of the Community Safety Unit arguing the closure was unjust.
In an unusually lengthy 69-page Notice of Claim, Brewer argues the province's pot police had no right to seize the cannabis at his unlicenced store.
"Tupa's Joint, (is) 'a unique Indigenous healing retail business that provided Indigenous cannabis and hemp products for medicinal purposes to those in need," the Notice of Claims says.
When reached by phone, Brewer said the case isn't really about getting the seized cannabis back and speaks to a much bigger question of Indigenous sovereignty.
"(It's about the) recognition of jurisdiction and Indigenous rights of title," Brewer said. "We are working to be recognized within our jurisdiction in the cannabis industry in itself because we've been left out altogether and continue to be left out."
The court documents leverage several legal arguments, and say the province has to give legal weight to the United Nations Declaration on the Rights of Indigenous Peoples.
"Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development," the court document says. "United Nations Declaration on the Rights of Indigenous Peoples affirms the rights of Indigenous peoples to their lands, territories, and resources, and obliges states to support the improvement of economic and social conditions for Indigenous peoples."
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The Notice of Claim goes into very lengthy and complex legal details about federal and provincial law and how it relates to Indigenous peoples.
In June 2020, Brewer told iNFOnews.ca the Community Safety Unit had confiscated $10,000 worth of products, which would put the fine at $20,000.
Brewer, who also owns two cannabis stores on Okanagan Indian Band land, said the Community Safety Unit actually put the value of cannabis at $67,000.
The store was raided again soon afterwards and more cannabis was seized, although at his point he purposely didn't have much in stock. He said he's still not received a fine.
He appealed the seizure with the Community Safety Unit but lost.
The court documents go into a lengthy history of cannabis and Indigenous peoples and its historical role.
"Tupa's Joint recognizes the ceremonial and medicinal significance of cannabis and hemp, plus the pride in being able to provide Indigenous medicines that are a source of physical, emotional, mental, and spiritual healing to all people. This important factor cannot be overlooked as neither the provincial nor federal governments have taken this into consideration," the court documents read.
The court documents also raise a number of complicated constitutional issues and asks the court to declare a series of province legislations void.
Brewer hopes if his case is successful it will set a precedent for Indigenous rights across the country.
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None of the allegations have been proven in court. The Community Safety Unit did not respond to a request for comment by deadline.
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