New firearms legislation threatens Native lifestyle

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"The legislation criminalizes the right to hunt and it certainly doesn't take into account that firearms are tools for the practice of those rights," said Ardith Walkem, a lawyer for the Union of British Columbia Indian Chiefs. For last three years Walkem has been working on the issues surrounding the firearms act for Aboriginal people.

"The union chiefs passed a resolution at the last assembly to fight this legislation," said Walkem. The union is planning on bringing a separate court challenge on the legislation in the coming year.

Walken said the act ignores the fact that Aboriginal people have been hunting since time immemorial.

"We have well established laws regarding safe use and practice with firearms," she said. Aboriginal people have been raised to have a different respect for firearms than other people.

In a summary that Walkem has prepared for the union outlining Criminal Code amendments that supersede the Indian Act, several issues are seen as criminalizing Aboriginal people's activities. The enforcement provisions allow police to enter and inspect any home where they reasonably believe there is a firearm or ammunition. Walkem sees the search provisions as troublesome for Aboriginal people because of the often fractured relationship they have had with the police.

As an example, if a community organizes a blockade in support of their Aboriginal rights, the police could use this legislation to search the homes of participants. This may be the case even if there is no suggestion that firearms are involved in the blockade. Walkem said the legislation could be used as a harassment tool by police.

Although owner's or occupant's permission is required for police to enter a home, the act will allow police to get a warrant to administer a search.

"The province appoints a firearms officer to approve who can hunt. This represents an intrusion into Aboriginal people's traditions," said Walken. She firmly believes the right to hunt is meaningless if it illegal for an Aboriginal person to possess the tools needed to carry out that right. Walken furthers the argument against the act by stating Aboriginal people do not hunt for sport or for hobby, but as a way of life.

While the firearms act does recognize the sustenance hunter, those who hunt to support their families, the act applies to every sustenance hunter universally.

Greg Sarasyn, his wife and their children prepare to hunt moose in Algonquin Provincial Park. It takes them two days to set up their camp. They do some scouting and moose calling and it's a way of life for them. It's what Sarsyn has been doing since he was 11 years old.

"I was gifted my first rifle when I was 14," said Sarasyn. He watched his father and grandfather hunt with guns for the main source of their food supply. It is a tradition that he wants to pass on to his children.

"I'm undecided on what I will do when the legislation comes into effect. It comes down to my fundamental beliefs," said Sarasyn, who is a policy analyst for the Union of Ontario Indians. At the next grand assembly of the organization discussion will centre on the firearms legislation and how the union will respond to it.

Sarasyn is one of several policy analysts at the union preparing background on the matter, and as an option, a plan has been formed to implement the legislation using First Nation people as educators for the Canadian Firearms Safety Course that is a requirement in getting a firearms license. The union has not ratified any decisions at this time.

An Indigenous person may not have to take the safety course if they are an Elder or state they have knowledge of the safety requirements and are supported by a statement from an Elder or community leader, or that obtaining the course would cause undue hardship.

"This can place a large burden on the Elders or community leaders," said Sarasyn. "There are some communities that have several hundred to over a 1,000 people. That makes it a fairly compex provision for us," he said. The firearms act and regulations for Aboriginal people does not look at how he was raised, he added.

"An Aboriginal right is not something that has been bestowed upon us by a treaty," said Sarasyn. It's the right of jurisdiction, a constitutional right to hunt and harvest food.

While Aboriginal people and their governments are exploring the firearms issue further, the Canadian Firearms Centre seems to be bracing itself for a fight, despite extensive consultation with Aboriginal groups to ensure the new legislation works for Aboriginal people.

"There is an issue around treaty rights," admitted Cathy Suffle, communications co-ordinator for the centre. She acknowledged that cases will come to the courts about the act. The reactions are varied but for the most part people are not happy. Yet, at the same time people want to know more about the firearm safety legislation, she said.

The new legislation contains a non-derogation clause that states the legislation will not interfere with the constitutional protection given to Aboriginal people or their treaty rights.

"These types of cases will come up. It's going to be an issue," she said.