REGISTRATION FOR ABORIGINALS UNCONSTITUTIONAL

Heard on the radio this am that an ON judge has ruled that firearm registration for aboriginals who use their firearms for social hunting is unconstitutional. I have not been able to find corroborating news items in any of the print media. Could this spell doom for the entire registry?

I have no other information to add but I just want to say that this topic could create a firestorm. Just focus on the topic, not the people involved and we will be fine.

I would be interested to find out more about this. Anyone with info help us out.

Morb

Aboriginals don't have to pay gun fees: Ontario judge

Last Updated Wed, 03 Mar 2004 10:50:52

ARMSTRONG, ONT. - An Ontario provincial court judge ruled on Tuesday that the federal government cannot make two aboriginal men pay fees to register their guns because their treaty gave them "full and free rights" to hunt.


INDEPTH: Gun Control

In September 2001, an Ontario Provincial Police officer stopped partridge hunters Marc and Leon Nanokeesic on their way home to the Whitesand First Nation north of Thunder Bay.
The Ojibwa men were charged with not having a licence to possess a firearm.

Their lawyer, Harley Schachter, launched a constitutional challenge of the federal gun registry.

"It's astounding to me that the government would ignore aboriginal and treaty rights in this way," Schachter said.

Judge Diane Petit-Begg agreed with the argument, and acquitted the hunters.

All treaties signed west of Ontario include rights to hunt freely, and previous court decisions have affirmed similar rights for Inuit and Métis.

The firearms registration fee is already waived for subsistence hunters, but the Nanokeesics don't rely on hunting to make a living or to feed their families.

The judge ruled that the sort of social hunting they were practising is also part of their constitutionally protected treaty right to hunt.

She also said that aboriginals must still register their guns but they won't have to pay to do so.

Both the provincial and federal governments are now deciding whether to appeal the decision. A provincial court decision in Ontario does not constitute a precedent for other jurisdictions with similar treaties.



Written by CBC News Online staff

I think that the government should level the playing field for all, why have some groups register their guns and not others?
Under common law and as a free common man hunting and possessing a fire arm should be as much my God given right as it should be anyone's, aboriginal or not. Hunting, fishing and gathering has been a part of my culture and heritage for as long as I can trace. So why should I register?

The government seems to have another agenda planned for the masses-confiscation of fire-arms. Its just stumbling over a few hurtles,legality's and treaty's. Im sure the government will make quick work of it and be on the track to confiscation soon.

Thanks bbedm for finding the copy. Anyway, it‘s hard to accept this ruling i.e., you have to register but you don’t have to pay. The right ruling would have been that they are exempt from registering. If you have a constitutional right to hunt and this extends to owning firearms then how can registering be applied equally (i.e., background checks may be unconstitutional for aboriginals because this may prevent an aboriginal from owning a firearm and this infringes upon a constitutional right). Why is it deemed that money is the issue? Money is not the issue. This is just a liberal way of screwing up some sort of compromise that satisfies nobody. Whatever……if one group of hunters does not have to pay for registering then none should pay for registering. Better yet, if some hunters do not have to register than none should register.

Eedited portion..............."the federal government cannot make two aboriginal men pay fees to register their guns because their treaty gave them "full and free rights" to hunt."

and

"The Ojibwa men were charged with not having a licence to possess a firearm." They were acquitted on this charge.

Now these guys were charged with not even having a FAC/POL/PAL.........of course the guns weren't registered if the guys were not licensed in the first place. This ruling sounds like crap. If they don't have to pay to register.....they don't have to pay for a PAL either, or pay to take training or pay to write the exam ...........it just goes on and on.....