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Inuit hunters exempted from gun licence prosecution

NTI’s gun law court challenge to be tried next year

Eetoolook, NTI's first vice-president, says the federal firearms law is a betrayal of Inuit hunting rights.

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(FILE PHOTO)

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DENISE RIDEOUT

Inuit hunters who don’t have their guns registered by the federal government’s Jan. 1 deadline can breathe a temporary sigh of relief.

Initially, Inuit could face charges under the Firearms Act and the Criminal Code if they used an unregistered gun after Jan. 1.

But a ruling in the Nunavut court of justice this week is exempting Inuit beneficiaries from prosecution under Ottawa’s new gun licensing regime.

The exemption is only temporary, though.

A final decision will be made in late January or early February when Nunavut Tunngavik Inc. and the federal government face off in court over the controversial firearms law.

NTI is looking to have Inuit beneficiaries be totally exempt from any gun registration requirements.

That hearing was supposed to happen on Dec. 18, but the Attorney General of Canada requested more time for the federal government to prepare its defence case. The hearing would then be postponed until the new year — after the Jan. 1 gun registration deadline had passed.

That worried NTI because they feared Inuit hunters could potentially face criminal charges if they didn’t register their guns.

Now, those worries have been allayed.

"This decision means that Inuit who have not been able to register their firearms by the Jan. 1, 2003 deadline will not be subject to prosecution," James Eetoolook, NTI’s first vice-president, said in a press release.

When NTI goes to court in the new year, its lawyers will argue that the firearms law violates Inuit hunting rights that are set out in the Nunavut land claim.

"The NLCA gives Inuit the right to hunt, fish and trap without permit permit, license of fee of any kind. We see the requirement to obtain a permit in order to hunt as a betrayal of our rights," Eetoolook said.

NTI will ask the court to exclude Inuit from two keys rules in the federal firearms legislation: the section of the Firearms Act that says it is an offence not to register a firearm, and the section of the Criminal Code that says it is an offence to use a gun that isn’t registered.

In addition to this court hearing, NTI filed a larger lawsuit with the federal government in June 2000. It’s charging that the firearms law ignores Inuit’s right to hunt — a traditional activity that many Inuit still use to feed their families.

But that court case is still half a year away from being heard.

With only weeks left before the Jan. 1 registration deadline, NTI is trying to come up with quick solutions so Inuit hunters won’t get into trouble.

The temporary injunction granted this week will do just that.

News of the court ruling pleased Inuit leaders.

Senator Charlie Watt said in a press release: "As I have fought in Parliament for exemption of Inuit from the firearms registration process, I am very happy that the suspension will apply until the main Nunavut Tunngavik Inc. court action is heard."

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