August 20th, 2025
Dear Chief Bob Gloade and the Band Council of Millbrook First Nation,
I am writing to ask for your public support as I continue to face hardship for upholding constitutionally protected Mi’kmaw Aboriginal and treaty rights by operating a truckhouse selling cannabis on unceded Mi’kmaw lands in Millbrook First Nation.
As many of you know, on March 31, 2025 I was sentenced to a six month Conditional Sentence Order (CSO) – three months of which were served under house arrest – for violating s. 10(2) of the Cannabis Act offence and a concurrent CSO of twelve months for violating s. 158. 1(b) of the Excise Act and an imposed fine of $8,762.50 by Judge Rhonda Van Hoek.
On April 23, 2025 I filed an appeal of Van Hoek’s decision, citing 14 different grounds of appeal including that:
- The judge compelled production of the defence record before providing a ruling with reasons relating to the offences before the court;
- The judge did not release the ruling on what offences the Accused was convicted of and the reasons therefore, prior to compelling production of the defence Charter application based on that ruling;
- The judge delayed over eight (8) months in releasing reasons substantiating the conviction upon which the constitutional challenge was predicated and that delay resulted in the ruling on conviction occurring on the same day as the ruling on summary dismissal which created an incurable appearance of bias as defence counsel repeatedly indicated that the reasons were a pre-requisite to the creation of an adequate application record;
- The judge misapplied the law on summary dismissal as outlined in Haevischer and therefore improperly dismissed the Charter application that was before the court;
- The judge stated on the record that she had no intention of hearing the constitutional challenge being raised by the Applicant creating a clear impression of bias;
- The judge independently introduced a summary dismissal application pursuant to Haevischer despite this application not being requested by the Crown;
- The judge amplified the penal sanction for the accused as a direct consequence of his indigenous ancestry contrary to Gladue and repeatedly confused the accused with his indigenous ancestor, Donald Marshall, resulting in a clear bias in the proceedings;
- The judge made a finding in support of Her sentence regarding the offence that was not before the court, namely, that “there has been a proliferation of illegal cannabis trafficking operations across the province on First Nations’ lands” that was not substantiated by any evidence before the court;
- The judge made a finding that indigenous communities “did not want” cannabis dispensaries on their land despite evidence being proffered contrary to that finding, and, the same week as the release of Her decision indigenous communities were announced as allowing cannabis dispensaries directly in line with submissions of counsel.
There is much more to say about the nature of what Chief Del Riley refers to as my “racial trial” over my treaty rights, but I will not get into those matters here. Suffice it to say that my case is of direct relevance to all Mi’kmaw people and especially to all of our community members here in Millbrook.
At issue is whether or not the Provincial courts of Nova Scotia will recognize and affirm our Aboriginal and Treaty rights as per the Treaty of 1752, Simon v. The Queen, Section 35 of the Constitution Act, 1982, and the United Nations Declaration on the Rights of Indigenous People, or whether we will continue to face violence, racial harassment and theft from RCMP officers carrying out Provincial mandates on unceded lands reserved for Indians – places where the Province has no authority or jurisdiction.
The raid that led to these charges has had a lasting effect on me and my family. A group of armed officers entered my place of work as if I were a dangerous criminal. They detained me, seized my building and property in violation of federal law (Section 89 of the Indian Act reads: “Subject to this Act, the real and personal property of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band”), and they disrupted and damaged my livelihood and ability to provide for my family.
These RCMP actions and my subsequent legal defence fight have caused me financial hardship, personal humiliation, and deep emotional strain. My wife and I have spent countless sleepless nights worrying about the future. We have struggled to explain to our children why police treated me like a criminal for engaging in what I believe to be our Treaty-protected rights, and why RCMP officers regularly show up at the front door looking for dad. Barred from leaving the province, I have been unable to attend our children’s hockey and lacrosse activities – cultural activities that are central to their development, health, and happiness – because of being put on house arrest.
The RCMP’s actions have impacted my family’s health and well-being, and not only damaged our livelihood but also eroded our sense of safety and dignity in our own community. And for what? In providing cannabis to those who needed it, I have operated in accordance with Mi’kmaw custom and convention and with the support of the Millbrook community. I have helped many and harmed none, yet the police enforcement I experienced has treated me as if I am some dangerous criminal.
These impacts are not unique to us. Across Mi’kma’ki, RCMP raids on Treaty Truckhouses have traumatized countless families. Officers have entered our people’s homes and places of business and brought violence, intimidation, and unnecessary use of force. Provincially directed RCMP officers have entered our communities with their hands on guns, backed people into corners, kicked in doors where children have been using the washroom, held people face down in snowbanks, assaulted pregnant women, beaten people with batons and tazed them, and unlawfully detained people without charge.
The July 30, 2025 raid on Top Shelf Trading Post here in Millbrook showed this clearly, with officer Terry Brown who has a past history of reckless uses of a firearm, intimidating staff with his hand on his gun, unlawfully detaining people, and stealing large amounts of Mi’kmaw trade goods – without even charging anyone.
Chief Gloade, in your August 2025 letter to the RCMP following the raid on Top Shelf, you called for the return of all seized products and requested that “no further action related to cannabis be taken.” You also expressed that these kinds of raids risk causing harm and further trauma in our community. My experience is proof of that harm and trauma. I ask that you extend the same protection and advocacy to me and my family that you have shown to Ethan Phillips and Top Shelf Cannabis.
Chief Gloade, although in 2019 you told the media you would “absolutely” support RCMP enforcement against cannabis retailers and that there was “no treaty right” to sell cannabis, your position – and that of Council’s – has evolved as the benefits of the cannabis economy have manifested themselves in our community, and as groups like the Micmac Rights Association have advocated on behalf of entrepreneurs like myself.
The January 2023 letter Millbrook sent to the RCMP affirmed our right to self-government in cannabis matters and requested consultation on all cannabis-related issues involving Millbrook members. Your recent actions after the Top Shelf raid demonstrated a clear commitment to defending Mi’kmaw jurisdiction and preventing harm to our people, and demanding the return of unlawfully seized goods from Mi’kmaw trading posts.
I therefore respectfully request that Millbrook First Nation Chief and Council:
- Publicly affirm that the Aboriginal and treaty rights I exercised in my case – R. v. Marshall – are consistent with Millbrook’s inherent and treaty rights, and that you support the exercise of my rights.
- Formally request that the Crown withdraw all charges against me.
- Seek the return of my seized property, especially that of the seized truckhouse building itself.
- Communicate to the RCMP, provincial, and federal authorities that enforcement actions like the one taken against me in 2019 violate our rights and cause real harm to our people and must cease as Mi’kmaw people exercise our right to economic self-determination.
Chief and Council: the choices you make now will set an important precedent for the exercise of all Mi’kmaw Treaty rights in trade and commerce. I believe that standing together in the face of unjust and unlawful provincial enforcement is the only way to protect our people and ensure that our treaties are upheld.
Thank you for your time, your leadership, and your commitment to protecting our community from further harm.
Respectfully,
Darren Marshall
Millbrook First Nation Band Member