A Nova Scotia judge has rejected arguments from four defendants claiming they have treaty and aboriginal rights to sell cannabis at dispensaries on Indigenous land north of Halifax.
In a ruling released Thursday, provincial court Judge Ronda Van der Hoek said she agreed with the Crown's argument that two expert reports provided by the defendants failed to support their claims. As a result, the defendants no longer have the option of arguing for exemptions from the law under the Constitution.
"I grant the (Crown's) application to summarily dismiss the constitutional issues, based on the information before me at this time," the decision says, adding that the application for constitutional arguments was "manifestly frivolous."
In Nova Scotia, sales of cannabis must be conducted from Nova Scotia Liquor Commission outlets, and all cannabis products are subject to provincial and federal duties.
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