Two Indigenous cannabis shop owners fight Ottawa police closures in court

Two Indigenous cannabis shop owners are pursuing a constitutional test case against Ottawa police and the Crown, challenging the right of authorities to shut down unlicensed dispensaries operated by First Nations members.

Bryan Brant, who operated Native Cannabis Depot on Bank Street, and Robert Fisher, who ran multiple My Legacy dispensaries across Ottawa, were both evicted in May 2025 after Ottawa Police Service contacted their landlords. Both men are members of the Mohawks of the Bay of Quinte and claimed Indigenous and treaty rights to operate the businesses without provincial licensing.

Initially, Fisher and Brant filed complaints at the Ontario Human Rights Tribunal against the Ottawa Police Services Board, describing the police actions as "abusive, discriminatory and racist." Those complaints were dismissed due to jurisdictional issues. Fisher then filed an application in Ontario Superior Court of Justice, arguing that restricting Mohawk Nation economic development solely to reserve territory perpetuates historic racial discrimination by the Crown.

The case centres on whether Indigenous business owners can operate cannabis shops without provincial licences on land outside reserves. Gordon Campbell, the lawyer representing both men, called it a "constitutional test case" over economic development rights, saying "we believe the evidence and arguments will be of national legal significance."

This challenge comes amid broader federal inaction: the federal government did not consult the Mohawk Nation when passing the Cannabis Act in 2018. A Senate committee on Indigenous peoples published an interim report in 2023 finding the federal government had not "meaningfully consulted" First Nations since the act came into effect. As of 2024, more than 75 cannabis stores operate on Mohawk territory in the Bay of Quinte.