Mr. Speaker, I will speak on both of these motions proposed by the Minister of Justice. Motion No. 5 relates to clause 2 and adds a new subsection (3):
For greater certainty, nothing in this act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
We have heard from many aboriginal groups about the importance of firearms in exercising their traditional hunting rights. With this in mind the government is in the midst of consultation with aboriginal groups so the main tenets of the bill can be applied in a manner which is sensitive to the aboriginal communities. This motion would simply confirm the government's commitment to work in concert with aboriginal communities so that the firearms legislation can operate in their communities in a way which recognizes and is respectful of constitutional aboriginal treaty rights.
What we want to do is rationalise the constitutional and treaty rights which the aboriginal people already have with Bill C-68. That is not to create due rights, but then again it is not to derogate the rights aboriginal people already have. We want this legislation to work in conjunction with the treaty and constitutional rights of the aboriginal people. That is very important for the operation of this bill and for the respect of the rights of aboriginal people under the Constitution and the treaties.
Reform members are calling this a two tier justice system. We have stated and we state again there is to be the same rights applied to all Canadians and that the bill is to apply equally in all parts of Canada except where we have stated certain conditions would apply to those who hunt for sustenance. We are acknowledging that there are treaty and constitutional rights for aboriginal people. We want to mesh the application of this bill into that.
Motion No. 145 strikes out certain lines in the English version of the bill. We are proposing an amendment consequential to the new lending conditions to be provided in the legislation. Motion No. 145 would provide an exception to the summary offence provision of possessing a firearm without a registration certificate if the person were a sustenance hunter who had borrowed the firearm.
This is in relation to section 107(1) of the Firearms Act which will come into being with Bill C-68. It says someone who has borrowed a firearm for hunting for sustenance would not be charged because they were hunting with or using an unregistered firearm. We think that is applicable and is in keeping with those who must hunt for sustenance to feed their families in the more remote parts of the country.
I put forward on behalf of the government those two motions which we feel will add to the bill, particularly to those residents of the more rural parts of the country. We are mindful of the concerns of those in the rural and regional parts of the country and we want this bill to be respected, obeyed and applicable in a meaningful way to these regions.