Ignore gun law, Dene leader urges

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The leader of the Dene Nation will not comply with Canada's new gun control legislation as proposed by Justice Minister Allan Rock and adopted in the House of Commons June 13.

"I will not register my gun," said Bill Erasmus.

Canada did not 'meet the test' of consulting with the country's Native people as is required for any legislation that will impact Aboriginal rights, he said.

"I feel no need to comply, no desire to go out and satisfy Mr. Rock."

The people should continue to use their firearms as they have always done and disregard the legislation, he advised.

"The new legislation is a very serious thing to us. It is going to affect us in more ways than we can imagine."

Erasmus believes gun control is the responsibility of the chiefs and council and it is not within Canada's jurisdiction to impose gun laws on Aboriginal people. Canada lost an opportunity to work with First Nations on a parallel system governing firearms, he said.

The vote upset Erasmus in many ways. He was disappointed in two members of parliament from the N.W.T. who voted in favor of Bill C-68.

"Jack Anawak, from the Eastern Arctic, said the use of firearms was a privilege, not a right. We don't agree with that. It is a treaty right. We have a right to bear arms, to exercise our economy, a right to our own way of life," said Erasmus.

Western Arctic MP Ethel Blondin-Andrew also toed the party line.

"We didn't put Ethel Blondin in (Ottawa) because she is a Liberal. Most people participated (in the last election) to get changes out of the system," said Erasmus.

Bill C-68 now moves to the Senate where Erasmus hopes changes to the legislation will be demanded. He and other Native leaders have met with members of the Senate who have expressed dissatisfaction with the bill.

"Our best bet is the Senate," said Bob Epstein, an advisor to the Grand Council of Crees in Quebec.

Epstein said there is much that is defective in the legislation as it applies to Aboriginal people. It doesn't take into consideration the Native right to hunt and trap, as set out in the James Bay Agreement, or treaty rights in Section 35 of the Canadian Constitution, he said.

Epstein said the Liberals pushed through the politically popular gun legislation with the intent of 'dealing with the Indians' at a later time. The only concession to Aboriginal concerns in the Act was a non-derogation clause which states the intention of the legislation is not to infringe on any Aboriginal rights.

The clause is only good if a person comes to court to challenge the Act, said Epstein. "This would give you a boost." It still doesn't take the defective parts of the act and improve them, he said.

The government intends to improve the Aboriginal lot in the regulations that govern the legislation, but Epstein isn't happy about this plan of action.

When dealing with a people's rights, consideration must be by order, not by regulation. Judicial instead of administration consideration is what is required.

Epstein would have hoped for a section in the Act which would indicate Aboriginal people have an automatic right to receive a gun registration. The presumption would be in favor of the Aboriginal person rather than against him. Only the court could deny that right. It would not be left in the hands of an administrator to decide who should have a license and who should not.

If the Act successfully passes in the Senate, there will be little left to do but challenge the legislation in the courts, said Erasmus.

"It's just a matter of which is the best way to go, file now or wait until someone offends the legislation."

In the meantime, however, both the Dene and the Cree organizations will be lobbying the Senate for some sober second thought.