An ancient tradition is under attack. Among the Cree people, a Chishayuu often leaves a special gun to a favourite grandchild as a remembrance on his death.
Under the federal gun legislation now before the Senate, the Elder could be breaking the law.
First of all, the new law provides for a minimum one-year jail sentence for anyone who gives a gun to someone without a Firearms Acquisition Certificate.
The minimum age for an FAC will be 18 years. New applicants for FACs must pass a $50 safety course, even if they’ve been using guns their entire lives. The courses and final exam are not offered in Cree.
Transferring a firearm will also entail completing a registration certificate transfer form (also not offered in Cree) so federal bureaucrats can update their new $1 -billion gun registry.
Under the new law, all 6-7 million firearms in Canada have to be registered.
Anyone who deliberately refuses to register a weapon faces a 10-year prison term and large fine. Those who forget to register a firearm face a lighter penalty—up to six months in jail and a fine of up to $2,000.
In September, the Grand Council of the Crees and Cree Trappers’ Association presented a brief on the gun law to the Standing Senate Committee on Legal and Constitutional Affairs.
The Cree brief calls on theSenate to make 19 amendments to the government’s law, which has already been adopted by the House of Commons.
“We reiterate here forcefully that without the amendments we have suggested, the draft legislation is unconstitutional as it violates the Cree’s aboriginal and treaty hunting and trapping rights,” says the brief.
“(Firearms) are essential tools for the continuance of our hunting and trapping traditions.”
Senators were informed that Crees have “a constitutionally protected right to possess and use firearms.”
Their attention was directed to the James Bay and Northern Quebec Agreement, which states, “The right to harvest shall include the right to possess and use all equipment reasonably needed to exercise that right”
The Agreement further stipulates, “The exercize of the right to harvest shall not be subject to the obtaining of permits, licenses or other authorization,” and says all permits or licenses for guns shall be managed by “respective local governments” and available “at a nominal fee.”
The brief says existing Criminal Code rules have proven “unreasonably onerous” to Crees. Course materials for gun safety courses are “largely irrelevant to the needs of the Cree.” Plus, no money is available for translation, instructor fees, course materials or classroom space.
