Kerry McCluskey
Northern News Services

Iqaluit (Aug 13/01) - In the weeks following a polar bear attack in Nunavut, the federal firearms officer is reminding licensed residents and visitors they have the right to carry loaded guns when travelling on the land.

Josh Mitsima said last week he wants to make sure people clearly understand the legislation.

"People were told they couldn't carry a loaded firearm," said Mitsima, who has been Ottawa's gun law agent in Nunavut for the last two and a half years. "When people call, I tell them there is a provision for that," he said.

The confusion may stem from misconceptions about Firearms Act provisions governing safe storage of firearms.

The law states it is a federal offence to carry a loaded rifle or shotgun while not actively hunting. However, there are exceptions that allow Nunavummiut and other Canadians to possess loaded weapons for predator control.

"The wording in the firearms regulations allows for people to have a loaded firearm in a remote location," said Mitsima.

"A camp in Southern Canada is different than a camp in Northern Canada. A tent on the tundra is different than a wooden building in Southern Canada, where people come and go," he said.

Mitsima said it is important to get the information out before someone else is attacked killed by an animal.

"We do not have to have an inquest for a mauling to show we have this provision," he said. "No one in Nunavut needs to be attacked when they can protect themselves."

Same rules apply for hunters

Nunavummiut can also carry loaded guns when hunting from certain kinds of vehicles. The law generally forbids Canadians from doing so, unless allowed by legislation specific to a jurisdiction.

Steve Pinksen, the Department of Sustainable Development's senior adviser on enforcement and regulation, said the Nunavut Wildlife Act does just that. And while territorial law prevents residents from hunting from vehicles, Nunavut's legal definition of a vehicle does not include snowmobiles, ATVs and boats less than 15 metres long.

This gives hunters permission to have loaded guns nearby in order to hunt and to protect themselves.

Gun rules in parks

The rules change somewhat when it comes to travelling in remote areas that fall under the jurisdiction of Parks Canada. While Inuit are permitted to carry loaded firearms within Nunavut's three national parks, under no circumstances are non-Inuit permitted to be in possession of firearms in those areas.

The situation changes yet again when it comes to territorial parks.

In accordance with the Nunavut Land Claims Agreement, territorial parks don't become full official parks until Inuit impact benefit agreements have been negotiated. Because that process is currently underway in Nunavut and has not yet been finalized, there are no official territorial parks and the land within those boundaries is considered to be remote areas.

David Monteith, the director of parks and tourism for Sustainable Development, said that means residents and visitors to Nunavut's territorial parks can carry loaded rifles and shotguns when camping and hiking, for now.

Once the benefit agreements are signed, Monteith said the Nunavut Parks Act would come into play. Monteith said it will then be illegal to carry loaded weapons in territorial parks.

However, as is the case with much of the NWT legislation adopted following the division of the territory, changes need to be made to make the laws more relevant and appropriate for Nunavummiut. That may or may not include allowing residents to carry loaded guns in territorial parks.

"It would be premature to say yes or no at this point. We have to have those discussions with the communities," said Monteith.