Cannabis grow operation in Six Nations sparks concern in community

A cannabis grow operation's proximity to Six Nations' downtown and its potential environmental impacts is causing concern with some neighbours.

Nancy Porter lives with her 82 year-old mother on property that's been in their family for generations.

Their backyard deck overlooks a three-metre tall berm made of dirt. Behind it are 55-plus greenhouses that have been erected over the past few months.

"It's a 60-70 acre [24-28 hectare] field, open field and you're still putting more in," she said of the ongoing project.

The Six Nations Cannabis Commission (SNCC) was established in 2019 to regulate cannabis businesses on Six Nations of the Grand River, near Hamilton, Ont.

According to the application process on the commission's website, there is a 15-day public notice period during which the applicant "must post a placard in a conspicuous location on the proposed property" and notices would be circulated "to residents in close proximity to the proposed site to elicit responses supporting or opposing the project."

Porter said she was never informed prior to the start of the project.

 "Why was nobody told? Why could we not, you know, address our concerns then before everything started?" she said.

An online petition is calling for the commission to revoke the project's licence, citing the operation's proximity to downtown Ohsweken, as well as a daycare, schools, and Iroquois Lodge, a long-term care facility for elders, as well as environmental concerns.

"My question all along was 'How can this happen?" said Porter.

Porter said she's been trying to get answers for the past year from Six Nations Elected Council and the SNCC. Other concerned community members have been organizing protests and neighbourhood meetings to voice their grievances over the operation.

An environmental site assessment is also listed as part of the application process.

"There was never any environmental study done on it; that was confirmed in the commission meeting when I went with my concerns," Porter said of a SNCC meeting she attended in July 2024.

In addition to the noise caused by transport trucks and other large vehicles driving up and down the laneway next to hers, Porter said her property has incurred flooding as a result of the berm.

Porter said construction blocked a natural waterway behind her property which resulted in significant flooding twice over the past year. This spring she said it nearly reached the tile bed of their septic system which is just six or seven metres from their home.

Porter said one of the workers came and dug a small ditch next to the berm which allowed the water to drain from her property but she wondered whether it was a permanent solution.

She and her neighbours are also worried about potential contamination of the soil and groundwater because they have cisterns and a well.

Commission says it is ensuring compliance

In a May 1 statement posted to its website and Facebook, SNCC said neighbours in the area had contacted the commission to share their concerns.

"Legacy Farms has made several accommodations to address these concerns where possible," the statement said.

"The Six Nations Cannabis Commission will continue to ensure compliance with the Six Nations Cannabis Law and community safety."

The statement said the commission had been informed "the cultivation operation will be conducted above ground in pots, which limits chemicals leaching into the groundwater. The pesticides proposed for use are regulated by Health Canada and are less harmful than those used in vegetable plants."

CBC Indigenous was unable to reach anyone from the SNCC despite several attempts. The phone number listed on the website is incorrect; emails submitted via website form and sent to their general inbox were not responded to by time of publishing. CBC Indigenous also reached out to one of the commissioners listed on the website but did not receive a response by time of publishing.

The May 1 statement said the commission was in the process of reorganization. According to the website, three out of five cannabis commissioner positions are vacant. 

CBC Indigenous also attempted to reach Legacy Farms, including the owner named on the licence, but did not receive comment by the time of publishing. 

Elected council seeks legal advice

Porter also said she's seen non-band members living on the premises, which would be against the community's laws. The petition also cited the same issue. 

In its May 1 statement, SNCC said it had "conducted a thorough inspection of the premises and can confirm that there are no non-band members residing on the property. The facility does not have any living quarters; however, employees who work 12-hour shifts have access to cooking and shower facilities."

Six Nations of the Grand River Elected Council issued a statement May 16 acknowledging "the seriousness of the concerns shared by our community regarding outdoor growing of cannabis. As always, the health and safety of the community is paramount."

"As part of our due diligence, SNGREC has sought legal advice on options to remedy and/or mitigate the current issues."

Darrien Bomberry, public relations co-ordinator for Six Nations of the Grand River Elected Council, said they are currently "waiting for legal advice, so there is nothing further to share at this time."