http://www.cbc.ca/north/story/nor_guns20040304.html
An Ontario judge has ruled that Canada's gun registry violates treaty rights of Aboriginal hunters.
Two Ojibwa hunters were charged in 2001 with not having a firearms license, but this week, an Ontario judge acquitted the men on the grounds that Canada's gun law is unconstitutional.
The Ontario judge ruled the men's right to hunt was protected by their treaty even though the men were hunting partridge with unregistered guns on a social hunt and they didn't need the meat to survive.
The judge says Aboriginal people should not be required to have a gun licence, but they should still be on a national registry.
Nunavut Tunngavik is hoping the decision will have the federal government rethinking its gun registry.
NTI says the decision bodes well for a lawsuit it launched against the federal government in 2000. It believes under Nunavut's land claim agreement, Inuit have a right to hunt, trap and fish without a license or fee.
Steven Foulds, a lawyer with Nunavut Tunngavik, says NTI says Inuit should not have to register their guns, but Foulds still thinks the Ontario court case is a good sign.
"I think it will have an impact because it's an indication that courts are taking a very hard look at these issues and are willing to step in to protect harvesting rights," he says. "We're hopeful that this will contribute to an atmosphere where Canada sits down and has serious discussions with Aboriginal peoples."
Last year, a Nunavut court judge ruled Inuit cannot be charged under the federal firearms legislation until NTI can argue its case in court.
NTI Vice-President James Eetoolook is hoping NTI will be able to resolve the issue with the federal government outside of the courtroom.
"We will do whatever we can do to encourage the government of Canada to sit down and talk with us instead of leaving this important issue in the hands of the courts to decide," he says.
The government of Nunavut is also involved in NTI's court case against the federal government. GN lawyer Doug Garson says while the Ontario ruling is good news for Aboriginal people fighting the gun registry, he says it won't be binding when court decisions are made in Nunavut.
Vice-Chief of the Assembly of First Nations Bill Erasmus says northern Aboriginal leaders welcome the ruling because it clarifies the rights of First Nations hunters.
"Many of our people, like myself for example, are employed on a steady basis, but we still like to go out and hunt for ourselves and for our families," he says. "It's clear that we have treaty and Aboriginal rights that are constitutionally- protected."
Erasmus says the ruling didn't surprise him because the case was similar to one won by the Inuit last year. He says both cases suggest that Canadian legislation must acknowledge treaty rights to hunting.
"We've been talking with the federal government over the last little while trying to design a more First Nations-friendly approach to it," he says. "I think we need to be more directly involved in that review to reflect our concerns and bring forward an approach that would make more sense to us."
Erasmus says any new gun laws must also allow for the possibility of aboriginal self-governance, but officials with the federal government say it's too early to comment on the ruling.
Thomas Vares, with the Canadian Firearms Centre says they are considering their options.
"The provincial court has just rendered its decision as of yesterday and we are currently reviewing it to determine what further action is required."
The current Firearms Act gives distinction to subsistence hunters, but it doesn't outline distinct rights for Aboriginal Canadians. The law is currently under review by the Justice department.
The judge ruled that Aboriginal hunters still have to register their guns but they won't have to pay to do so.
