(Additional reporting by Paul M. Rickard)
Give a single bullet to an unlicensed person and you will face a minimum sentence of one year behind bars and so will the person who got the bullet. That is the future facing First Nations hunters if the gun-control legislation proposed by Justice Minister Allan Rock becomes Canadian law as expected by summer’s end.
Under the law, all 6-7 million firearms in Canada made after 1946 will have to be registered. The new gun-registry system will cost Ottawa up to $1 billion at a time of fiscal restraint. And despite the staggering cost, experts still don’t agree about whether the gun law will have a real impact on crime.
On the other hand, the law will create a whole new class of criminals. Forget once to register a weapon and you’re looking at a fine of up to $2,000 and six months in the slammer. If you deliberately refuse to register a weapon, you face a 10-year prison term and a hefty fine.
The bill was greeted by outrage across the country, including from First Nations, three Western premiers and members of every party in Ottawa. Rock was forced to propose changes, but these ended up being minor. The original bill gave police unprecedented power to enter gun owners’ homes to inspect firearms without any notice. Rock said this should be changed.
But Rock made no changes in response to National Chief Ovide Mercredi’s criticisms of the gun bill before the FJouse of Commons justice committee on May 15. Chief Mercredi said parts of the bill violate the Aboriginal and treaty right to hunt, which is protected by section 35 of the Constitution of Canada. The bill is also unconstitutional because First Nations weren’t adequately consulted as required by the courts, he said.
“In First Nations cultures, guns are an essential tool for economic survival, not an item of sport Mr. Chairman, our people don’t use handguns to hunt moose. Our people don’t use assault rifles to hunt goose. Our people use rifles and shotguns to put food on the table. This has been the case long before Confederation.”
The first time a Native person is charged under the new rules, Chief Mercredi promised, the law will be taken to the Supreme Court of Canada and thrown out.
The Grand Council of the Crees also thinks little of the bill.
“It’s unacceptable,” said the CCCQ’s Bill Namagoose. “Most of these guys grew up handling guns.”
The Grand Council has made a counter-proposal to Ottawa: Give Band Councils the authority to automatically issue gun licenses and permits. Also, nix the mandatory training courses and registration of firearms. Federal officials rejected these suggestions, saying they’ll look at First Nations concerns once the bill becomes law and the bureaucrats take over to compose the regulations.
Retorted Namagoose, “That won’t do either. Regulations can be changed by any bureaucrat.”
The gun bill is also running into flack on the other side of the bay. “(For Crees) the gun is not a weapon, but a tool for survival,” said Roseanne Archibald, Chair of the Mushkegowuk Council. “We use it as a tool for our treaty and Aboriginal right to hunt. The gun control bill is an infringement on that right.”
Stan Louttit, Deputy Grand Chief of the Nishnawbe Aski Nation, agreed, saying the legislation isn’t “culturally appropriate” and “will put hardships and have a negative affect on the people who use guns for survival.”
Chief Louttit said NAN has the capacity to develop its own laws governing gun safety. “According to the federal government’s Red Book, it’s supporting Native self-government, and this new gun bill contradicts that statement.”
