Mr. Speaker, I rise in the House today to debate Bill C-68, an act respecting firearms and other weapons. The debate before us is a complicated and highly emotional one for all those involved and implicated in the bill.
Aboriginal people, for instance, are worried about the potential infringement on their treaty rights. Shooters are concerned with the restrictions placed on their sport and outfitters are worried about the impact the legislation will have on their business. These are all serious concerns which if not addressed could pose some serious hardships in the north and of course in other parts of Canada.
The potential infringement the legislation could have on treaty rights and its impact on traditional aboriginal way of life are threats that aboriginal people have sought to prevent since the signing of their treaties. Treaties were signed to ensure the protection of aboriginal rights that were then entrenched in the Constitution under section 35 of the charter.
As treaty rights go or as rights go in aboriginal country, rights are considered and treated as absolute but in the reality of the political world and in the name of concessions, compromise and goodwill we are looking at some half-measures.
According to the Sparrow decision of 1990 hunting and fishing rights have been recognized by the Canadian government. It would appear to be damaging to the fragile relationship being forged between the aboriginal people and the Government of Canada if the bill infringed on these rights.
This is the concern being expressed. However I have assurances that the legislation will not infringe on these rights. Special considerations have been given to sustenance hunters and in particular aboriginal hunters who make up a large portion of all sustenance hunters.
Let me, for instance, express the concern brought forward by Mr. Sam Gargan, member of the Legislative Assembly for the Northwest Territories for Deh Cho, who said:
I have an uncle who cannot read or write. He cannot tell you what muzzle velocity means. He cannot tell you how calibres are determined. He can however tell you that you need a .303 to shoot a moose, that it is best to use a shotgun to shoot ducks, that a .22 is the best for rabbits and upland birds. He can tell you not to carry a loaded gun with a live round in the chamber. He can tell you how to safely transport a gun in a truck or a boat.
The same would apply to a skidoo. He continued:
Gun ownership is not rocket science. It is a matter of common sense. In the NWT the vast majority of gun owners have been taught gun safety at a very young age and I sincerely believe that any program on gun safety to be offered in the NWT has to be changed to fit the realities of the situation both fiscally and morally.
Mr. Gargan went on to say:
I also believe that the legislation, as it now stands, violates treaty rights as guaranteed in the Charter of Rights and may well be in contradiction of the Sparrow decision-To this end I can virtually assure you that should this legislation proceed as written, there would be a court challenge from Canada's aboriginal community.
These are the words of a member of the Legislative Assembly of the Northwest Territories, the majority of whose constituents are aboriginal.
In the north the aboriginal people hunt to eat, not to harm other people. Many northern people living in isolated or remote communities cannot afford the inflated northern prices of meat. We cannot just go out and order half a side of beef at southern prices. The cost of living is 40 per cent higher.
Today in southern stores such as Loeb a kilogram of ground beef costs $3.95.
The same kilogram of beef in Deline in a community is $6.80. This makes hunting and owning a rifle not only a right but an economic reality. Hunting in an aboriginal community is also a community event. Food that is caught or that is hunted is shared with everyone. Hunters donate food to those who are unable to hunt for themselves such as elders and widowers and people who are disabled. Without firearms many in the north could not afford to eat.
My experience with firearms has been since I was a child, since as long as I can remember. In my family we learned gun safety. It was absolutely paramount. The camp where my parents go on an annual basis is in grizzly bear country. In grizzly bear country you do not just have a .22 rifle. You must have a high powered rifle. I must say if you are going to have a key mechanism to use, please do not do it when you are in grizzly bear country if you want to live to see another day.
The realities are very different around this country and I understand the intent of this bill. I understand the complexity. I understand the difficulty the minister has had to deal with this bill across the country.
I cannot imagine having the fortitude to go out there to meet the masses on such a complicated and emotional bill. I would like to say that I admire this man for having done that. However, the debate rolls on and the bill has gone to committee. The bill is being debated today. There are a number of special things that will happen.
My hon. colleague across the way from the Bloc Quebecois indicated that most times the use of firearms is intended to hurt or kill another person. That has not been my experience. It has allowed us to live. It has allowed us to overcome difficulties.
During the war, during the depression and during recessions in Canada our people were able to survive because we have instruments that allow us to exercise the right to be able to fend for and feed our people. Those instruments in most cases in modern terms are not bow and arrows. They are firearms. That is one of the instruments we use to exercise that right.
The Minister of Justice in his commitment not to impact treaty rights has struck a team of officials who will travel and meet with aboriginal groups across Canada to discuss how this bill can be implemented without negatively impacting treaty rights and the traditional way of life.
These consultations have been directly mandated in this legislation. Section 110 allows for the governor in council to make regulations on aboriginal people and to adapt the regulations for the purposes of that application.
Michell Adkins, a Haida lawyer, was recently hired by the Department of Justice to consult with aboriginal people. Along with other departmental officials, she will be travelling to communities to explain the legislation, to listen to their concerns and make recommendations to the minister on how to amend this legislation with respect to treaties and traditional life.
There are many issues that need to be addressed in the consultations. The Minister of Justice has suggested the necessity of finding a better definition of sustenance hunter to reflect the aboriginal way of life.
He is also committed from what I am being informed by departmental officials to decentralize the role of the firearms officer and provide community control of the implementation of this new firearm strategy, ensuring aboriginal participation.
I would like to encourage all of the First Nations, Metis and Inuit people to take full advantage of these consultations to ensure that the registration of firearms can be done in full consideration of their treaty rights, especially with respect to Sparrow and section 35 of the charter.
Some of the issues which have already been brought to the minister's attention will be addressed and among the consultations is the cost of registration. Currently under Bill C-68 there will not be a charge for sustenance hunters to obtain a firearms licence. However, there are no clear guidelines on how fees will be applied in registering firearms and the transferring of ownership of guns.
Through consultations with First Nations, Metis and Inuit, it is my hope that an amendment can be made to eliminate the cost of transferring and registration of firearms by sustenance hunters, as these costs would be an economic hardship on people who cannot afford to buy their food and use their firearms as a tool to feed themselves and their communities.
It is felt that it would be an additional economic hardship in a community that already has quite a large group of unemployed people who rely on other sources to continue living and surviving.
Borrowing and lending firearms is another very important issue for the northern and aboriginal communities across this country. Under Bill C-68 there is the provision for lending a firearm as long as the person involved lends the borrower the registration certificate for the firearm. Through consultations it is hoped that alternatives to this option can be sought. In many communities firearms are seen as a collective instrument for hunting passed on to those who need them.
Hunting rifles are commonly loaned to relatives and friends in aboriginal communities on a regular basis. Through consultation I hope that the registration program will be flexible enough to allow this practice to continue without undue and unnecessary hardship.
We understand that in the context of harvesting and hunting it is very difficult in isolated and remote communities to acquire registration and firearms acquisition certificates. When you are in a boat and you see a caribou it is very difficult to resist the opportunity to get the kill for the community or for the family, relatives or the elders. There is a general lending of firearms. It is a very big issue in the communities in terms of their traditional harvesting and hunting rights.
The transfer of ownership is another area which is of much concern. The gift of a firearm is very common in the north. Under Bill C-68 a gift of firearms can only be given once all the necessary papers are filled out and both the recipient and the donor have licences and neither one is a safety risk. Again, through detailed consultations provisions should be made to reflect the culture of First Nations, Metis and Inuit where the gift of a firearm is considered a great honour, especially when given to a youth for his or her first hunt. It is an honour and it is something that is protected, keeping in mind all the issues about safety that go along with the responsibility of owning that gun. It also entails using it safely and bearing in mind the safety of others.
On penal sanctions for people who accidentally find themselves on the other side of the law, through consultation I hope that alternatives can also be found to some of the penal sanctions for offenders who have committed an offence out of ignorance. Summary convictions are available in Bill C-68 to first time offenders which would not require that a person develop a criminal record on a first time offence.
I am also encouraged by the partial prohibition provision in this legislation. A sustenance hunter who has been charged with an offence involving a firearm may apply to a competent authority to allow for the hunter to use his or her firearms for sustenance as long as the hunter returned it to the authority, which could be the chief on returning from hunting. A great deal of trust and a great deal of respect would have to be in place and a great sense of responsibility under those conditions.
Another aspect is the purchase of ammunition. I am amazed that I have not run out of time yet because this a very emotional, very complicated and a very important matter. I do not think I can undersell the importance of this legislation to people across this country, not just in my own riding but in other parts of the provinces and territories.
In many communities those who cannot hunt will provide ammunition to hunters as a gift in hope of meat and other kinds of game when the hunters return. That is a common occurrence. I hope through consultation with aboriginal groups an amendment can be entertained allowing aboriginal people to purchase ammunition when they do not have a licence to give as a gift.
It is not uncommon for a senior citizen on pension who cannot go hunting, who does not have a skidoo, who does not have the physical stamina to go on the hunt anymore, to give to a younger person the gift of ammunition for the sake of a hunt. It is very reasonable and it is good economics for the people in the community.
These are only some of the concerns about how Bill C-68 would impact the aboriginal way of life. I am encouraged by the
minister that these and other concerns will be dealt with through consultations with aboriginal people.
Northerners have also brought several questions to my attention which have either been addressed in Bill C-68 or the Standing Committee on Justice and Legal Affairs has been mandated to review. I would also like to outline their concerns here.
First of all, there is always the question about why the government is attacking law-abiding gun owners. Many legal owners feel that the government is attacking law-abiding gun owners with this new legislation. However, Bill C-68 creates a new act for firearms. This new statute, the Firearms Act, removes legal gun owners from the Criminal Code. This consideration to gun owners demonstrates the government's intention not to treat legal gun owners as criminals. This new act will create a licensing system for the ownership and use of firearms and a national registration system for all firearms. As I mentioned before, special provisions have been made for first time offenders who have not used a non-registered firearm in a criminal offence.
The next concern is equipment outlawed from the Canadian Olympic shooting team. Others have asked why equipment used by the Canadian Olympic shooting team has been prohibited. The minister has acknowledged that amendments or exceptions should be made for certain handguns in the prohibited class which are used and recognized in target shooting competitions. The minister has specifically requested that the standing committee on justice deliberate on possible solutions to this current problem.
Restriction to non-residents is another major one. There are many hunting, outfitting and tourist businesses in the north and other parts of Canada that depend on hunters from other countries for their business. They have voiced several concerns that Bill C-68 will impose further restrictions on the entry of those foreign hunters and are concerned that they will choose to go to another country to hunt where the laws are not so restricting.
I have reviewed the requirements of the entry of any foreign hunter into Canada and I do not see a problem as such. A person coming from another country must declare their firearm at customs. They will be required to complete a temporary firearms licence and a registration certificate to bring the firearm into Canada.
A customs firearm declaration will act as a 60-day licence and certificate and will be validated at the border. The Minister of Justice and his departmental officials assure me that these forms will be as simple as possible. These declarations will be readily available to visitors through Canadian tourism offices abroad, outfitters, shooting clubs and hunting organizations. There will be opportunities for non-residents to apply in advance to speed up the process at the border.
In the case of sporting clubs, as has always been the case the requirements can be met before crossing the border through Canadian clubs and associations. An authorization to transport will be issued at the same time. Should a hunter lose his ammunition he will be able to present his customs firearms declaration which will act as a temporary license, enabling the hunter to purchase ammunition.
I suppose I could go on but I must be close to being out of time. Within two minutes I will attempt to deal with this really important issue.
I am going to deal with people's concern about prohibited antique gun collection. A common question is how to pass on or sell an antique gun collection. Individuals who now have a grandfathered firearm which falls into a specific prohibited category will be able to buy from and sell to individuals with firearms in the same category.
Also, the minister has asked the Standing Committee on Justice and Legal Affairs to deliberate on the special significance possession of firearms as relics or heirlooms may have on a family and what opportunities there will be for owners to leave such firearms to their children as part of their estate.
In conclusion, I would like to take the opportunity to thank the numerous members of shooting clubs, such as Barry Taylor from my riding, who have devoted thousands of hours to teaching firearms safety. Their work in the north ensures the safe handling of many guns.
I would also like to thank all of those people who have brought their concerns on gun control to my attention. We have the minister's assurance that there will be special efforts to look at these concerns. I encourage all aboriginal people and northern people to participate in the consultations to ensure the protection of their rights. It is my hope that through these consultations a mutual respect and understanding can be forged between the consultation team and aboriginal people.
I also encourage all northerners to participate in the deliberation of the Standing Committee on Justice and Legal Affairs and to write to the chair of the committee, the hon. member for Notre-Dame-de-Grâce, or myself with their opinions on how to improve the current piece of legislation.
I would like to thank the House and you, Mr. Speaker, for giving me an opportunity to speak to the very special, emotional and complicated matter of Bill C-68.