Iqaluit (July 14/03) - Inuit hunters toting non-registered guns "won't be criminals until next year" thanks to an important Nunavut court ruling.
The Nunavut Court of Justice ruled July 8 that an injunction which exempts Nunavut Inuit from the registration and licensing requirements of the federal Firearms Act and Criminal Code will remain in place until a hearing expected in 2004.
Nunavut Tunngavik Inc. is suing the federal government over the gun registration legislation, saying the land claim agreement gives Inuit the right to continue traditional hunting practices. The current injunction was issued by the Nunavut Court of Justice in December 2002.
David Ell, the Chairman of the Amarok Hunters and Trappers Association in Iqaluit, said the ruling upholds his belief that beneficiaries should not have to pay fees to register their guns.
"It's good. We won't be criminals at least until next year," he said.
Although Ell has many of his guns registered already, he said beneficiaries will simply have to wait until the final verdict to deal with the outcome -- either good or bad.
"It's a long process," he said.
Justice Robert Kilpatrick also rejected a federal government request to have the lawsuit dropped.
In his judgment, Kilpatrick said dropping the injunction would be harmful.
"It may interfere with Inuit harvesting, whether this is done full-time as a livelihood or part-time as a means of supplementing diet. It may impact upon the quality of Inuit lifestyle in isolated communities. It may cause long-term damage to a defining or core social value of Inuit society. This, in the court's view, tips the balance of convenience in the plaintiff's favour."
NTI president Cathy Towtongie applauded the decision.
"This ruling is a victory for all the Inuit of Nunavut," said Towtongie. "NTI's court action is based on rights contained in the Nunavut Land Claims Agreement. We have always maintained that the Land Claim guarantees Inuit the right to harvest without any form of license or permit and without the imposition of tax or fee."
Premier Paul Okalik said the government is supporting NTI 100 per cent.
"I believe the court's decision is a significant legal victory for Inuit," he explained.
"It has always been our position that the Nunavut Land Claims Agreement recognizes our rights to hunt and to follow our traditional customs."