Chiefs tell AFN executive to toughen up on firearms talks

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First Nations chiefs at the Confederacy of Nations on May 9 told the Assembly of First Nations executive that more urgency needs to be injected into discussions about federal firearms legislation and how it affects Native people and their right to hunt.

Discussions between the AFN and Justice Canada continue though June 30, the date when an amnesty allowing unregistered Native gun owners to purchase ammunition will expire, fast approaches.

Bill Erasmus, AFN vice-chief for the Northwest Territories, holds the firearms portfolio. He was grilled by several chiefs after he made his report on recent developments.

The vice-chief said he was involved in negotiations with Maryantonett Flumian, the chief executive officer of the Canadian Firearms Centre. Erasmus said he hoped to have a temporary arrangement in place before the end of June so Native gun owners could continue to purchase ammunition without registering. He said his committee had suggested that status cards be accepted as valid firearms licenses but the government said no. But he added that Flumian has agreed that there should be a First Nations' approach.

"We're still talking," he said. "A First Nation license system should be designed. We should have our own license, our own chief firearms officer. We're trying to do that by the end of June."

He said the federal Cabinet can amend the act without going to Parliament for approval and changes that will take the special needs of First Nations people into account could be ready by the fall of this year.

Yet Erasmus' remarks were not well received by the chiefs.

Greg Ahenakew, the first vice-chief of the Federation of Saskatchewan Indian Nations (FSIN) said his organization has had enough of talking about possible solutions.

"What do you expect to achieve?" he asked Erasmus. "We've had discussions, too, and I've yet to see anything substantive. We've become criminals merely by exercising our rights. Between now and June 30 we will file a statement of claim."

Remarks by other leaders suggest there could be several lawsuits filed in the next few weeks. First Nation leaders see the right to hunt as a basic treaty and Aboriginal right and they see the government's attempt to regulate their use of guns and ammunition as an infringement of that right-or worse.

Richard Davis, chief of Alberta's Swan River First Nation, said the government has broken his people's treaty.

"The two main promises of Treaty 8 back in 1899 were education and hunting and fishing. The [Indian Affairs] minister told us proudly, 'You can buy shells.' But when we asked him if we could shoot those shells- no answer," Davis said. "So you can buy those shells, but it's against the law to shoot them. Well, you can't kill anything by throwing shells at a moose, deer or a rabbit. That breaks the treaty. It doesn't infringe. It breaks the treaty."

Over and over, Erasmus was told that the grassroots people were anxious and frustrated by the uncertainty of the situation. He was told that police have charged Native hunters or confiscated firearms in different regions of the country and that nobody knows where they stand.

"RCMP in this province don't know what the hell is going on," Dan Wilson, chair of the British Columbia Okanagan Alliance, told the vice-chief.

"The people are worried," Shuswap Tribal Council Chairman Art Manuel said. "They're worried about their guns. They're worried about their trucks. They're worried about putting food on the table. Some of the people are on social assistance. They'll go hungry if they can't hunt."

Manitoba Keewatinowi Okimakinak Tribal Council chairman Francis Flett, said isolated communities face a higher cost of living because of their remoteness and many people need to hunt to survive. He urged the AFN to file a lawsuit against the federal government to protect their hunting rights.

"I tell my people to go out and hunt and get ammunition where you can until one of them is charged. Then we can fight it," e said. "The government hasn't paid for anything but they keep taking our rights. They take and take and take. I call this modern-day slavery. I want to be able to support our national organization in telling the government we're going to take you to court."

Leon Jourdaine, Treaty 3 grand chief (Ontario), blasted the AFN for its lack of action.

"What are the leaders doing to protect us at the grassroots?" he asked. "What are the leaders doing to protect our treaties? What do we say to our people? 'Oh, we're waiting until June 30. Then we'll send a letter to Jean Chretien.' I'm not saying this to be sarcastic. I'm just saying our people are getting very frustrated. Why must we always react to the government? We're nations of people. We have the capacity to make these laws. Why are we always following somebody else's agenda?"

Jourdaine then took aim at the national chief.

"We were supposed to go to the international arena. There was supposed to be no more big band office," he said. "Here we are doing the same damned thing we've done for the last 20 years. Let's change course. Let's do something different."

It was no surprise that Jourdaine, a Phil Fontaine supporter in last summer's AFN election, would be critical of Matthew Coon Come's administration, but it was a surprise when Union of British Columbia Indian Chiefs president Stewart Phillip-a Coon Come supporter-jumped on the pile.

"I have to remind you we said 'We're not going to be silent any longer,'" he said, referring to a Coon Come campaign slogan. "I think we should direct the national chief's office and the executive to put together a statement of claim. I think it's time we make a statement. Endless discussion and these piddly little budgets to continue these discussions are not the answer."

Erasmus explained that he was fighting-and making slow but steady progress-against powerful people.

"Canada is purporting to have authority over us," he said. "They continue to use that every chance they get."

H said he believed the right case had to be developed before it would be wise to initiate court action, adding that similar court actions against provincial and territorial governments have been unsuccessful.

Pressed again to break off talks and hire a lawyer, Erasmus said he was committed to staying the course.

"We've been asked to continue these discussions. We're committed to that," he said.