FORT WILLIAM FIRST NATION, Ont. -- The man attempting to open a pot shop on Fort William First Nation is suing the community's leadership, alleging its hindrance in allowing him to establish his business deprives the community of potential prosperity.
Stephane Lalonde, co-owner of Bubba's Bud and Smoke, on Tuesday filed an Ontario Superior Court of Justice statement of claim against Fort William First Nation's band council.
Lalonde claims to have approached the band council through the community's economic development officer in April 2018, proposing to open a dispensary once federal government legalized cannabis that October. The council initially agreed to discuss the proposal, Lalonde alleges, but following the community's election earlier this year has not made any advancement.
"The decision to not address the proposal despite the support for such proposal being clearly demonstrated by the members of their community has hindered the potential prosperity of the community for reasons not readily identifiable. The proposal is in the best interests of the band council, the community and Lalonde," the statement of claim reads.
"The band council in not allowing the proposal to be heard or addressed has negatively impacted Lalonde in particular by not allowing him to achieve economic freedom and self-sufficiency."
In a letter sent to community members dated on Sunday, Fort William First Nation chief executive officer Ken Ogima said all cannabis related industries, including grow-ops and dispensaries, are prohibited on reserve lands and any activity would be considered unlawful.
The City Road shop opened on Tuesday, despite the community's assertion that all cannabis-related industries operating on-reserve would be unlawful. An Anishinabek Police Service inspector on Tuesday told tbnewswatch.com that the shop was not a legal entity.
In the letter, Ogima also said the community's cannabis committee needs to conduct both a door-to-door survey and membership at-large survey.
Lalonde alleges to have circulated a petition in March that demonstrated "unanimous support by the community" for his proposed dispensary.
The statement of claim does not include a specific financial award being sought, instead claiming that the amount of general and special damages cannot be substantiated at this time because they remain ongoing.
The allegations contained within the statement of claim have yet to be tested in court.
