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NTI launches last-chance gun challenge

Land claim organization seeks injunction

Kerry McCluskey
Northern News Services


Iqaluit (Dec 02/02) - As Paul Irngaut packs up his qamutik to go caribou hunting, he knows he won't have to break the law to feed himself. With his firearms permit in hand, Irngaut can walk into any store and legally buy bullets.



Nunavut Timeline

- 1995: Parliament passes the Firearms Act, formerly Bill C-68.

- Then Justice Minister Allan Rock estimates the Firearms Act will cost Canadians $85 million.

- 1999: The Canadian Firearms Centre opens an office in Nunavut to assist residents in acquiring their possession/acquisition certificates.

- 2000: Nunavut Tunngavik files a Statement of Claim with the Nunavut Court of Justice declaring the Firearms Act violates Article 5 of the Nunavut Land Claims Agreement.

- 2000: Firearms Centre sends team of Inuktitut speaking students to visit all Nunavut communities to help residents acquire certificates. Visits are made during the summer when many Inuit are on the land, away from their communities.

- Jan. 1, 2001: Deadline for acquiring certificates.

- 2001: NTI sets up firearms hotline to assist beneficiaries with gun legislation problems.

- 2001: Inuit Working Group on firearms legislation begins to develop adaptations to laws for Inuit.

- Feb. 2002: Office in Nunavut closes

- May 2002: Inuit Working Group submit document to Justice Minister Martin Cauchon for review.

- July 2002: Justice Minister Martin Cauchon does not accept adaptations of Inuit Working Group.

- Oct. 2002: NTI closes its firearms hotline after months of inactivity.

- Nov. 2002: NTI launches notice of motion to exempt Inuit in Nunavut from registration phase of Firearms Act.

- 2002-2003: Officials estimate the Firearms Act will now cost Canadians $810.8 million by the end of the fiscal year -- $66 million on program administration, $29 million on communications, public affairs and advertising, $15 million on outreach programs, $9 million on safety training and $227 million on licensing and registration.


Other hunters in Nunavut are not so lucky. Because of confusing red tape and the total lack of firearms services in Nunavut this past year, hunters in the territory met massive delays as they tried to acquire their permits. Some were told by Canadian Firearms Centre staff to reapply because their applications were lost.

That means to feed their families, hunters in communities across the territory were forced to create a black market of sorts. Gun owners who have permits regularly purchase ammunition for those who don't. Irngaut said he has "been approached" on more than one occasion to buy bullets for another hunter.

"It's widespread," said Irngaut, also the executive liaison and public relations advisor at Nunavut Tunngavik.

Nunavut Tunngavik Inc. vice-president James Eetoolook has also witnessed the illegal bullet trade.

"I've seen a lot of people apply and not get their certificates. They ask people to purchase ammunition for them to put food on the table. I've seen that lots of times," said Eetoolook.

Eetoolook and Irngaut made the comments during a press conference Nov. 26 to announce the filing of an application for a court injunction by the land claims organization to exempt Inuit from the registration phase of the Firearms Act.

According to the legislation, gun owners must register their firearms by Jan. 1.

The notice of motion, to be argued in the Nunavut Court of Justice in Iqaluit Dec. 18, is NTI's last chance to stave off further hardships caused by the gun laws before registration comes into effect.

"What we're asking the court to deal with is the registration problem. The registration of firearms has largely not taken place in Nunavut," said Steve Foulds, legal counsel for NTI.

"Part of that is because people have not been able to obtain their firearms licences," he said.

The deadline to acquire permits was Jan. 1, 2001.

"The reason we're bringing this motion forward at this time is to protect the rights of Inuit before registration comes into effect. Inuit should not run the risk of criminal prosecution. That risk is there. It's a very real risk."

Though many Inuit attempted to comply with the law this past year, they experienced difficulty in doing so because the area firearms office closed in February because of staffing issues. Service in Inuktitut ceased and all queries were forwarded to the South. An Inuktitut- speaking staff person was hired this fall, but the office remains closed while the employee undergoes training.

If NTI is successful with the pending injunction, Inuit will be exempt from registering their guns -- probably until the original lawsuit NTI filed in 2000 is concluded.