Breitkreuz Calls For RCMP Investigation

Memo From Vice-Chief Bill Erasmus, Assembly of First Nations

Memo From Vice Chief Greg Abenakew, Lands and Resources Directorate

Article: Edmonton Sun, Doug Beazley  MP wants investigation into a 'possible conspiracy' to break Canada's gun laws

(Morin Memorandum)

Directorate for the Lands & Resources Commission 

Memorandum

Date:     January 12, 2001
To:        All RMS & RMPP Staff
Cc:        Gordon Iron
From:     Chris Morin
RE:        Bill C-68 Temporary Arrangement

__________________________________________________________

Enclosed is the recent letter sent out to all First Nations in Saskatchewan from V/C Bill Erasmus of the AFN. This letter is intended to simplify the previous letter that was sent out on December 18, 2000 to all the bands. V/C Greg Ahenakew also sent a letter to all bands in Saskatchewan outlining FSIN's position.

Please read and grasp the material because there will be questions asked to yourselves in the near future. It would be beneficial for you to understand the material and if you require further information on this please call me at (306) 956-6945

Sincerely

Chris Morin
RMPP - Enforcement & Compliance

Scanned Image (Erasmus Letter - First Page)

Scanned Image (Erasmus Letter - Second Page)

TO:     All Chiefs or their Designates

FROM: Vice-Chief Bill Erasmus

RE:      The Temporary Arrangement with the Canadian Firearms Centre,
            Department of Justice Canada; The Right to Own and Possess
            Firearms and the Right to Purchase Ammunition.

Date:  January 9, 2001

This letter is further to the correspondence by Mr. Mike O'Brien faxed to your offices on December 20, 2000, with respect to the above captioned matter. Please be advised that we met with the CEO of the Canadian Firearms Centre, Maryantonett Flumian, and her Ottawa Staff and legal counsel in Edmonton, Alberta, on January 4^th and 5^th, 2001. The First Nations delegation was chaired by AFN Vice Chief Bill Erasmus, and attended by Albert Angus, legal counsel, staff members Mike O'Brien and Brenda Kruger for the AFN. AFN Vice-Chiefs Wilson Bearhead, Ken Young and Rick Simon aso attended with other regional representatives from Yukon, British Columbia, Ontario, and Saskatchewan. The following is a brief update:

1. The Confederacy of Nations Resolution no. 42/2000 was carefully reviewed respecting the First Nations approach to Firearms Safety. The AFN delegation advised that nothing contained in that resolution can be compromised and it represented the Assembly of First Nation's position on the Aboriginal and Treaty right to use firearms and purchase ammunition.

2. The Canadian Firearms Centre advised that they would not issue licenses without an application dated before December 31, 2000 however they were prepared to respect Confederacy Resolution 42/2000 to the extent that they will advise the law enforcement agencies not to charge First Nations citizens under the Firearms Act and the Criminal Code if their Chief has forwarded up names of the First Nation's band list. While the Canadian Firearms Centre would accept lists containing name, address, birth date, and Indian Status registration number (as suggested in the December 20^th, 2000 letter), a simple band list with Indian Status registration number will be sufficient for the above purpose.

3. Also the Canadian Firearms Centre would undertake to advise the merchants who sell ammunition that participating First Nations under this temporary arrangement can buy ammunition by presenting their Indian Status card and/or their First Nations Citizens/Band Membership card to such merchants. This undertaking is in progress at this time and it may take a short period of time before all merchants are informed of the arrangement.

4. This temporary arrangement between the Assembly of First Nations and the Canadian Firearms Centre (the "Parties") is expected to be in effect for six months only (to June 30, 2001) or until a permanent understanding is reached.

5. The Parties have agreed to set up a technical Working Group to begin the process of coming to an understanding and agreement as to how to avoid our Aboriginal and Treaty rights from being derogated, infringed and diminished from the force of the Firearms Act. The new Working Group will meet in Ottawa on January 16 & 17^th to stat the process and to discuss and procure funds for this purpose. The Department of Justice has committed negotiations dollars for this important initiative.

It is still open for any First Nation to send their list of hunters but it is advisable to use a date before December 31, 2000. Some First Nations have already sent in all their names including names of children who may also have the right to hunt and some have said they will delete certain names for safety purposes. If you require more information please call Mr. Mike O'Brien at (613) 241-6789 Extension 242 or Brenda Kruger at Extension 301.

I trust you will find this helpful.

Yours Truly,

Vice-Chief Bill Erasmus
Assembly of First Nations

Cc.     AFN Executive

(Abenakew letter)

January 9, 2001

All First Nations Chiefs and Councils

Re:    Bill C-68/Gun Control Legislation

Dear Chief and Council:

Enclosed for your information are resolutions outlining the positions of the AFN and FSIN regarding Bill c-68. The FSIN position, as directed by the Legislative Assembly, the Declaration and the Chiefs' Focus Group on C-68, is very clear: we are opposed to the legislation because it breaches the treaty rights to bear arms and ammunition. In addition, the federal government has breached its fiduciary responsibilities by passing legislation that is unconstitutional because it fundamentally affects our rights and was enacted without consulting First Nations.

On January 4-5, the AFN, FSIN, and other regional representatives met with Justice Canada (the Canadian Firearms Center) in Edmonton, Alberta to discuss First Nations' concerns with the legislation.

In the short-term (until June 30th), the FSIN understanding is that First Nations will proceed within the spirit and intent of the AFN Resolution passed at the Confederacy of Nations on December 14, 2000. The resolution requires the Chief and Council to submit a list of hunters to the Firearms Center. The hunter must also show his/her Treaty or membership card to enforcement authorities. The Western Office (Mr. Gary Webster) of the Firearms Center is also prepared to assist in the registrations. I willl meet with Mr. Webster and the RCMP within the next week to discuss details with respect to enforcement and the process to be followed with merchants selling ammunition. We are hoping that CFC sends a communiqué to merchants asking them to recognize the treaty card as good identification for the purchase of ammunition.

Also as a result of the Edmonton meeting, a Joint Technical Working Group (WG) has been established with technical representatives from the AFN, First Nations' regional representatives and government officials to discuss options for further advancement of First Nation concerns as they relate to Bill C-68. I have assigned Delia Opekokew as our lead technician.

The AFN is developing terms of reference for the Working Group. The WG will focus on short-term issues and other standard operating procedures for the next six months. In addition, funding for regional consultation and research and development will be available shortly.

In the long-term, the FSIN will advocate its position as directed by the Focus Group and promote its strategy as enuciated in the Declaration signed by all Chiefs in Saskatchewan. The FSIN will ensure that the short-term arrangements do not compromise the long-term strategy of developing First Nations Firearms legislation that respects Traty Rights.

It is my hope that the information that you have been provided will give you a better understanding and update on the firearms issue. If you should have any questions please feel free to call my office at (306)665-1215

Yours Truly,

Vice Chief Greg Abenakew
Lands and Resources Directorate

Rules of convenience?

MP wants investigation into a 'possible conspiracy' to break Canada's gun laws

By DOUG BEAZLEY, EDMONTON SUN  Member of Parliament Garry Breitkreuz is choosing his words very carefully. "I believe it's possible..." he says, then stops, takes a breath and starts again.

"It looks like somebody's not upholding the law here."

Let's parse that statement. The "somebody" is the Canadian Firearms Centre, the federal body charged with administering Ottawa's gun registry.

On Friday, Breitkreuz fired a letter off to RCMP commissioner Giuliano Zaccardelli asking for an "investigation of a possible conspiracy" between the CFC and the Assembly of First Nations to break Canada's gun law. Or bend it, at least.

The evidence is contained in a leaked Jan. 9 memo from AFN vice-chief Bill Erasmus to band chiefs. It's an update on talks that took place between AFN officials and CFC boss Maryantonett Flumian in Edmonton Jan. 4 and 5.

As revealed in The Sun yesterday, the AFN is pressing the feds to allow natives to use their treaty cards, Indian status cards or band memberships in place of CFC possession-only licences in order to own guns and buy ammo.

The reason: many First Nations officials are convinced the gun law is illegal, at least so far as it applies to natives. Treaty law guarantees natives certain hunting and fishing rights that can't be constrained by Ottawa. Not without asking first.

"Any law that impedes (a native's) ability to access a treaty right potentially violates the Constitution," said Dave Nahwegahbow, an Ottawa lawyer who practises treaty law.

Large numbers of gun-owning natives haven't obtained their licences. The licensing deadline came and went Jan. 1.

According to the memo, the AFN believes the CFC has promised to "advise law-enforcement agencies not to charge First Nations citizens under the Firearms Act and the Criminal Code," so long as band chiefs submit those citizens' names and Indian status registration numbers to the CFC.

The memo also claims the CFC agreed to "advise the merchants" that they can sell ammunition to anyone showing a treaty or status of band membership card - no licence required.

The CFC and Justice Canada swear it isn't so. "No such commitment was made," said Justice Canada spokesman Alex Swann, using the same words chosen by a CFC spokesman on Monday. "The department's position is the act applies to aboriginal Canadians.

"The requirement to obtain a licence remains in the law."

The AFN isn't saying much. Assembly spokesman Mike O'Brien suggested that thanks to the CFC's massive licence application backlog, it's not in a position to lay charges against anyone - native or non-native - for several months.

"We understand they're not going to make specific efforts to charge people who don't have licences for the next little while," he said.

Confused? So's Breitkreuz.

He said that on the face of it, the memo suggests the feds are pursuing a separate gun law for natives - one that might not include the background checks required of non-natives.

"Politics aside, this needs to be investigated," he said. "The whole gun registry was sold on the basis of public safety. It looks like the CFC is trying to avoid a constitutional challenge from the natives by being what the department calls 'flexible.'

"But you can't have one Criminal Code for natives and one for everyone else."

Robbie Davidson agrees. He's a local criminal lawyer whose firm does work on the Firearms Act. He called the memo "unsettling."

"The CFC seems to be contemplating some sort of exemption from (the Criminal Code) for natives," he said, adding that a native charged with violating the gun law could point to the memo as evidence that the feds told the First Nations they could break the law.

So have local RCMP been told to change the way they enforce the gun law on reserves? "No," said K-Division Supt. Dennis Massey. "We have latitude, depending on circumstances. If we seize a weapon, the owner has the opportunity to get a licence. But we'd do that for anybody."

In the end, it probably comes down to politics. The gun law is unpopular in First Nations circles - partly because it treads on treaty rights, and partly because so many natives live in rural areas and own guns.

Frank Halcrow, grand chief of Alberta's Treaty 8 bands, would just as soon skip the talks and head straight to court.

"Ottawa didn't consult us on this law," he said. "Without question we should take them to court. It's the only way to settle this."