NR 02-20 NOT ENG Notice of Motion.doc

(NOVEMBER 26, 2002 — Iqaluit, Nunavut) Nunavut Tunngavik Incorporated today filed a Notice of Motion with the Nunavut Court of Justice to stay the application of those provisions of the federal Firearms Act and the Criminal Code that require hunters to register their firearms. The exemption would allow beneficiaries of the Nunavut Land Claims Agreement (NLCA) to continue to use their firearms for harvesting purposes and for safety while out on the land, as provided for in the NLCA, without risk of prosecution.

NTI is disappointed that Canada has failed to initiate an exemption for Nunavut Inuit from the January 1, 2003 deadline for registration, despite our earlier court action, said NTI 1st Vice President James Eetoolook. Until the courts make the time to fully consider the extent to which the Firearms Act conflicts with our land claim, it is only fair that Nunavut Inuit be protected from criminal prosecution for actions which we believe are constitutionally protected.

The Government of Nunavut shares NTI’s concerns and is named on the Notice of Motion as an intervenor. The territorial government is also an intervenor in the Statement of Claim filed by NTI in June 2000 with the Nunavut Court of Justice.

NTI would have preferred to reach a negotiated solution to our legitimate concerns, said Eetoolook. In an effort organized by Senator Charlie Watt, NTI and the other Inuit organizations negotiated for more than a year with Canadian Firearms Centre officials to develop the basics elements of a proposal. Unfortunately our hard work was rejected and now we must turn to the courts for a solution.

The Notice of Motion asks the courts to exempt Nunavut Inuit from the application of:
Section 112(1) of the Firearms Act, which makes it an offence to not register a firearm, and
Section 92(1) of the Criminal Code, which makes it an offence to use a firearm that is not registered.

The Nunavut Land Claims Agreement explicitly states that Inuit have the right to hunt and harvest “…without any form of licence or permit and without imposition of any form of tax or fee’, said Eetoolook. The Firearms Act and its regulations directly conflict with our treaty rights. These rules make potential criminals of Inuit hunters who are trying to feed their families and live their culture.

NTI supports safe firearms use. However, efforts by individual Inuit to comply with the federal requirements for possession and registration certificates were hampered by the closure of the Nunavut firearms office and the lack of forms and services in Inuktitut.

See attached Backgrounder for further information or contact:

Nancy Campbell
Director of Communications
Nunavut Tunngavik Inc.
Tel: (867) 975-4900
Fax: (867) 975-4943 Nino Wischnewski
Director of Communications