ABORIGINAL GUN REGISTRY COURT CHALLENGES UPDATE
July 10, 2003
PUBLICATION:
Calgary Herald
DATE: 2003.07.10
EDITION:
Final
SECTION:
News
PAGE:
A8
SOURCE:
The Canadian Press
DATELINE:
IQALUIT, Nunavut
--------------------------------------------------------------------------------
Rulings
free Inuit from registering guns
--------------------------------------------------------------------------------
An
Inuit land claim group has scored a double victory in an ongoing legal fight
against the federal firearms registry.
In
a ruling handed down Tuesday, the Nunavut Court of Justice upheld an injunction
that exempts Inuit from having to register their firearms until a court
challenge can be heard.
Justice
Robert Kirkpatrick also denied a federal application to have the entire matter
thrown out of court.
Kirkpatrick's
ruling means Nunavut's 23,000 Inuit will be able to own and use unregistered
guns at least until the court challenge is heard. That's expected in early 2004.
Nunavut
Tunngavik Inc., the group that administers the Nunavut land claim, argues that
claim specifically guarantees Inuit the right to hunt without having to get any
kind of permit or registration for a fee. The gun registry would impose both.
An
injunction exempting land claim beneficiaries until the court challenge is heard
was granted last December.
The
federal government, however, filed a motion challenging the legal basis of the
claim and asked the court to throw it out.
Inuit
representatives have long argued the registry not only violates their land
claim, but has been implemented in Nunavut in such a way as to make compliance
difficult or impossible.
Guns
are present in most Inuk homes, but few registration forms have been made
available. They also are not in Inuktitut, the sole language of many hunters,
and the Canadian Firearms Centre closed its Iqaluit office.
Territorial
or land claim officials were not available for comment Wednesday.
CBC
NORTH
Judge
extends Inuit gun law exemption
WebPosted
Jul 8 2003 04:26 PM CDT
http://north.cbc.ca/regional/servlet/View?filename=july807082003
IQALUIT,
Nunavut -
Inuit in Nunavut are still protected, at least temporarily, from prosecution
under the federal gun registry. Judge Robert Kilpatrick handed down his court
ruling Tuesday. Judge Robert
Kilpatrick says the new federal gun law interferes with basic Inuit rights.
It extends an injunction that protects Inuit from prosecution until
another case goes to court.
Nunavut Tunngavik is suing for full exemption from the
law. It says the registry infringes on Inuit rights granted under the Nunavut
Land Claims Agreement.
In
his ruling, Judge Kilpatrick says forcing Inuit to register their guns would
interfere with Inuit harvesting and could impact on their quality of life.
He says it "may cause long term damage to a defining or core social
value of Inuit society."
The
judge also rejected a request by Ottawa to have Nunavut Tunngavik's main lawsuit
dismissed.
CBC
NORTH
Ruling
in Inuit gun challenge expected soon
WebPosted
Jul 7 2003 10:17 AM CDT
http://north.cbc.ca/regional/servlet/View?filename=july7inuitgunlaw07072003
IQALUIT,
Nunavut
- The deadline for gun owners to register their firearms has come and gone. But
Inuit in Nunavut are still waiting for a court ruling that will determine if the
new federal law applies to them. James
Eetoolook says the gun registry forms are not available in Inuktitut so it's
hard for many hunters to comply with the law.
James Eetoolook, the first vice president of the Nunavut Tunngavik, says until the ruling, Inuit are protected from prosecution by an interim court injunction. "This could change very suddenly, depending on the court decision that we expect to hear any week now," Eetoolook says.
Eetoolook
says his organization isn't telling Inuit whether to register their guns or not.
But he says since the forms aren't in Inuktitut, it makes it hard for many to
comply.
So
far police in Nunavut have not charged anybody with not registering their guns. Iqaluit
RCMP Sgt. Harvey
Sedden says his detachment is not looking for unregistered guns. "It's
not something that we're actively going around with a specific intent of
enforcing," Sedden says. "Typically
it would be circumstances where we come across an offence while we're
investigating something else." Sedden
says the RCMP is closely following the Nunavut Tunngavik court case challenging
the gun law. He says the police will enforce the court ruling, whichever way it
goes.
THE FOLLOWING INFORMATION IN QUOTATIONS WAS TRANSCRIBED
FROM
A "QUESTION PERIOD BRIEFING NOTE" PREPARED
FOR
JUSTICE MINISTER MARTIN CAUCHON ON FEBRUARY 11, 2003.
NUNAVUT
"On June 19, 2000, Nunavut Tunngavik Inc. (NTI), the
organization representing Inuit beneficiaries under the Nunavut Land Claims
Agreement (1993), filed a statement of claim in the Nunavut Court of Justice
challenging the application of the Firearms Act, and related legislation, to
Inuit in Nunavut. The Government of
Nunavut has intervenor status in support of the NTI challenge.
NTI claims that the firearms legislation is inconsistent with the Nunavut
Land Claims Agreement and that it imposes hardships on Inuit hunters and
trappers."
“On November 26, 2002, NTI filed a notice of motion in
the Nunavut Court of Justice seeking a stay of application of section 112 of the
Firearms Act and sections 91 and 92 of the Criminal Code in
respect of beneficiaries of the Nunavut Land Claims Agreement, until the trial
of action.”
“On
December 10, 2002, the Nunavut Court of Justice granted an adjournment of the
motion on the condition that the Inuit would not be charged with offences under
the Firearms Act or the Criminal Code related to the registration of
their firearms until the motion could be heard and disposed of.
The federal government did not consent to, but accepted, the condition
that was placed on the granting of the adjournment.”
NOTE: News Release -
IQALUIT, Nunavut (December 10, 2002) - Nunavut Tunngavik Incorporated and the
Government of Nunavut welcomed the court decision issued this morning to
temporarily suspend the application of the firearms registration requirements to
Nunavut Inuit. (SEE FULL NEWS RELEASE BELOW)
FEDERATION
OF SASKATCHEWAN INDIAN NATIONS
"On
June 4, 2001, the Federation of Saskatchewan Indian Nations (FSIN), along with
three Saskatchewan First Nations, filed a statement in the Federal Court, Trial
Division, Saskatoon, challenging the application of the Firearms Act to treaty
First Nations in Saskatchewan. An interim injunction to suspend application of the Act to
treaty Indians in the province was filed by the FSIN in Federal Court on March
22, 2002. A hearing of the interim
injunction was scheduled from October 29 to November 1, 2002, in
Vancouver."
“On
September 25, 2002, a Federal Court judge granted a motion by the Attorney
General of Canada to strike out the FSIN as a plaintiff in the litigation.
However, six Saskatchewan First Nations (Bellegarde et al.) are
continuing the litigation.”
“On
October 31, 2002, the Federal Court dismissed the Bellegarde et al. notice of
motion seeking a stay of application of the Firearms Act to six treaty First
Nations in Saskatchewan.
“On
November 14, 2002, Bellegarde et al. Filed
a notice of appeal on the dismissal of their motion.
Not date has been set for the hearing of the appeal.”
STURGEON
LAKE INDIAN BAND (ALBERTA)
"Chief
Melvin Goodswimmer et al filed a claim on April 2, 1997 (and an amendment to the
claim on July 25, 2002) in the Court of Queens Bench of Alberta that alleges the
firearms legislation infringes on the hunting rights of the Sturgeon Lake Band
as set out in Treaty 8 and that the firearms legislation does not apply to
plaintiffs. No further developments
have occurred.”
FEDERAL
GOVERNMENT POSITION
"The
government has taken the position that the Firearms Act does not infringe on
Inuit or First Nation hunting rights as set out in the treaties.
And, alternatively, that the Firearms Act represents a justifiable
limitation on the hunting rights of Inuit in Nunavut and treaty Indians in
Saskatchewan."
THIS
QUOTE IS FROM A NOVEMBER 27, 2002 BRIEFING NOTE TO THE MINISTER: “The Canadian
Firearms Centre [exempted section 21(1)(a)] has concluded an agreement with the
Assembly of First Nations to provide firearms services to First Nation
communities in the western jurisdictions, including Saskatchewan.”
--------------------------------------------------------
NUNAVUT
TUNNGAVIK INC. AND THE GOVERNMENT OF NUNAVUT WELCOME COURT DECISION ON FIREARMS
REGISTRATION
IQALUIT,
Nunavut (December 10, 2002) -
Nunavut Tunngavik Incorporated and the Government of Nunavut welcomed the court
decision issued this morning to temporarily suspend the application of the
firearms registration requirements to Nunavut Inuit.
"This
decision means that Inuit who have not been able to register their firearms by
the January 1, 2003 deadline will not be subject to prosecution," said
James Eetoolook, 1st Vice President of the land claims organization that
represents the interests of Nunavut Inuit.
"Our
government does not support the registration requirements of the
legislation," Premier Okalik said. "We welcome the injunction granted
by the court as it will prevent Inuit rights from being prejudiced until the
motion can be dealt with properly early in the new year."
Madam
Justice Beverly Browne of the Nunavut Court of Justice has granted an interim
injunction in favour of Inuit in NTI's challenge to aspects of the federal
firearms regime. NTI had filed a Notice of Motion on Nov. 26 that requested a
stay pending a hearing of the land claim organization's main court action. The
Government of Nunavut is an intervenor in the court proceedings.
"NTI
objects only to those provisions of the Firearms Act that contravene the rights
of Inuit as set out in the Nunavut Land Claims Agreement," said Eetoolook.
"The NLCA gives Inuit the right to hunt, fish and trap without permit,
license of fee of any kind. We see the requirement to obtain a permit in order
to hunt as a betrayal of our rights."
Justice
Browne's decision granting an interim injunction until the hearing of the stay
motion temporarily exempts the Inuit of Nunavut from the application of:
Section
112(1) of the Firearms Act, which makes it an offence to not register a firearm,
and
Sections
91 and 92 of the Criminal Code, which makes it an offence to use a firearm that
is not registered.
In
materials filed earlier with the court, NTI noted that there had been numerous
implementation problems with the new firearms regime in addition to the conflict
with treaty rights. Lack of services and forms in Inuktitut, lost application
forms and overall poor communication with hunters has contributed to the low
compliance rate for firearms registration requirements.
For
further information see earlier news releases posted to www.tunngavik.com or
call:
Nancy
Campbell
Director
of Communications
Nunavut
Tunngavik Inc.
Tel:
(867) 975-4900
Fax:
(867) 975-4943
Annette
Bourgeois
Press
Secretary
Office
of the Premier
Government
of Nunavut
Tel:
(867) 975-5059
Fax:
(867) 975-5051