ABORIGINAL COMMUNITIES

COMPLIANCE WITH GUN LICENCING AND REGISTRATION

By Garry Breitkreuz, MP – July 21, 3002

NOTE #1:  The following information was compiled from a 136-page Department of Justice response to an Access to Information Act request (Justice ATI File: A-2003-0034) dated June 23, 2003

NOTE #2:  All numerical data and calculations of compliance rates for 68 Aboriginal communities was blanked-out by the Department of Justice citing sections 21(1)(a)(c) of the Access to Information Act.  Garry Breitkreuz has filed a complaint with the Office of the Information Commissioner in an attempt to get this exempted information.

A SNAPSHOT ESTIMATE OF FIRST NATION COMPLIANCE

IN SELECTED JURISDICTIONS AND COMMUNITIES – March 7, 2002

• It is interesting to note that Kanesatake, with 60% compliance, departs significantly from the very low compliance levels of two other Mohawk communities, Kahnawake (5% compliance) and Akwesasne (less than 1% compliance).  However, these results may reflect overlaps in postal codes or a mixed Aboriginal and non-Aboriginal applicant population in the case of Kanesatake.  Furthermore, the low results for Akwesasne are inconsistent with the recent gun safety survey data for this community that suggest up to 15% compliance.  ATI Page 000055

• It is likely that (northern) Ontario communities reflect the widest range of mixed compliance levels in the country, with some approaching (or perhaps exceeding) 80% and others with levels no higher than 10%.  Akwesasne is exceptional with perhaps the lowest compliance level in the country. ATI Page 000055

• It is sometimes assumed that compliance levels in the NWT are 90% or greater.  However, the evidence indicates that this may be overly optimistic.  While some communities may approach, or perhaps even exceed a 90% level, it is apparent that others significantly do not.  In other words, compliance levels in the NWT seem mixed. ATI Page 000055

AN OVERVIEW OF ABORIGINAL ISSUES

PRIORITIES, OUTLOOKS AND COSTS – April 8, 2002

(ii) Licencing and Registration

Although there appears to be pockets of high licence compliance among Aboriginal communities both north and south of 60 degrees, there is an apparent general pattern of low to moderate compliance across the country. ATI Page 000059

Table 7 examines selected First Nation and Inuit communities in more detail.  The available data suggest that licencing levels tend to be lowest in those jurisdictions where Aboriginal people (mostly First Nations) claim that the Firearms Act infringes on their treaty and/or Aboriginal rights to hunt (and trap). ATI Page 000059

Although no data are currently available to “comfortably” confirm or disconfirm speculation, it is expected that the registration of firearms among many Aboriginal communities will be a far more complex undertaking that licencing.  This may be traced to a variety of factors including the apparent low and moderate levels of licencing, communications challenges, and related cross-cultural distinctions relevant to the disposition of firearms as property and gifts in many Aboriginal communities. ATI Page 000062

(iii) Lessons Learned and Emerging Themes

The statistics on Aboriginal compliance levels and, more importantly, our estimate of (insignificant) changes in these levels over the last year in a number of jurisdictions and areas suggest that “compliance by attrition” (hoping that, over time, delinquent applications will eventually comply) is not promising or preferred “strategy”.  Indeed, if recent history is any indicator, it is unlikely that compliance levels will improve substantially over the next 6 to 8 months in the absence of targeted activity by the CFC and/or its program partners. ATI Page 000062

In addition, the scope for the kind of activity and improvements in compliance desired is further complicated or constrained by the emerging themes of litigation and self-government.  These are becoming increasingly visible and powerful vehicles to focus and articulate Aboriginal concerns with the firearms legislation.  Under these circumstances, Aboriginal approaches to firearms safety and compliance with the legislation are being refigured by Aboriginal communities and organizations in far more complex ways that speak to a measure of Aboriginal jurisdiction over firearms.  As a result, there is even greater pressure on the CFC policy sector to act in ways that address Aboriginal concerns while maintaining the national integrity of the Firearms Act. ATI Page 000062

(iv) Policy and Related Issues

If no action is taken to improve compliance levels then we risk (the perception if not the reality of) creating or exacerbating hardships for Aboriginal people, including those who hunt and trap as part of a traditional lifestyle.  For example, those without firearms licences cannot purchase ammunition, hunt legally, or exercise a treaty right to hunt in a legal manner.  According to some reports from the field, Aboriginal hunters (and other Aboriginal gun owners) are increasingly being charged by the police for possession of a gun without a firearms licence.  This not only damages already sensitive police/Aboriginal relations in many parts of the country but risks fines (which many Aboriginal people are unlikely to have the capacity to pay) and the possibility of incarceration which can only serve to increase Aboriginal over-representation in the criminal justice system. ATI Page 000063

(v) Strategies

Where files and events surrounding them are more politically driven and Aboriginal aspirations are correspondingly higher (e.g. Mohawk First Nations, Assembly of First Nations), we will need to revisit a number of key policy, administrative and practical issues (e.g. competing definitions of “sustenance” hunter; options for the allocation and management of firearms fees; broader Aboriginal participation in the Canadian Firearms Program) as well as entertain a number of difficult questions.  For example, with whom are we prepared to negotiate?  What are we prepared to put on the negotiation table, why and when?  How far are we prepared to go?  What financial and political costs are we prepared to absorb?  And, similarly, what are we willing to risk to achieve end(s)?  ATI Page 000064

SPECIFIC FILES

(iii) Assembly of First Nations “pilot project”

Outlook: from the AFN’s perspective, the deployment of First Nations firearms officers is only an interim and short-term measure leading to a longer-term goal of First Nations “control” of firearms administration and service delivery in ways that parallel current arrangements across the country for Aboriginal “control” of policing; the AFN’s expectation is that the pilot project also includes the negotiation of significant policy issues such as First Nation-specific firearms licences and fee waivers for First Nations individuals holding a treaty right to hunt; initiation of negotiations on longer-term policy issues and corresponding arrangements could influence FSIN to discontinue or suspend litigation or deter other First Nations and their organizations from launching similar lawsuits. ATI Page 000065

Estimated Costs:  the “pilot project” budget is for an amount up to $95,000; costs to support the negotiation of “longer-term” arrangements with all AFN regions could approach $500,000 or more over two or more fiscal years, depending on the nature and scope of the negotiations. ATI Page 000065

CANADIAN FIREARMS CENTRE  - NORTHWEST REGION

ABORIGINAL OUTREACH 2002

In May of 2002 thirteen post secondary students were hired by the Canadian Firearms Centre, Northwest Region to assist individuals in completing all the necessary documents required for a possession and acquisition licence.  The students were divided into two member teams and assigned six different regions of each province.  The contacted all First Nation Communities in their assigned region and offered them the opportunity to have an outreach scheduled in their community. ATI Page 000071

ABORIGINAL OUTREACH FINAL TOTALS

ABORIGINAL COMMUNITIES CONTACTED – ATI Page 000073

British Columbia

-         Outreach Completed = 129                  [Note: 35% didn’t particpate]

-         Outreach Declined = 48

-         No Response = 15

-         Other = 7

Alberta

-         Outreach Completed = 22                    [Note: 52% didn’t participate]

-         Outreach Declined = 12

-         No Response = 12

-         Other = 0

Saskatchewan

-         Outreach Completed = 38                    [Note: 46% didn’t participate]

-         Outreach Declined = 5

-         No Response = 23

-         Other = 4

Manitoba

-         Outreach Completed = 25                    [Note: 60% didn’t participate]

-         Outreach Declined = 12

-         No Response = 18

-         Other = 7

TOTALS [For all 4 provinces]                   [Note: 44% didn’t participate]

-         Outreach Completed = 214

-         Outreach Declined = 77

-         No Response = 68

-         Other = 23

AKWESASNE COMMUNITY GUN SAFETY SURVEY – May 2001

• 52% of all adult men and 41% of all households own or use guns – ATI Page 000027
• Few gun owners (15%) have a valid FAC or have applied for a POL or a PAL – ATI Page 000028
• Almost 50% of them have not applied for reasons related to their views regarding native rights – ATI Page 000028
• I do not feel I need to/natives right to hunt 27 (24%) – ATI Page 000028
• Federal government should not impose laws on natives 10 (13%) – ATI Page 000028
• Community is undecided about what position to take 14 (18%) – ATI Page 000028

TYENDINAGA COMMUNITY GUN SAFETY SURVEY – November 2002

• 60% of men in Tyendinaga own or use guns – ATI Page 000103
• 50% of households have at least one member who owns guns – ATI Page 000103
• There is some evidence of misreporting of gun ownership.  68% of mail respondents reported that someone in the household (including themselves) owns or uses a gun; the corresponding rate among female respondents was 42% – ATI Page 000103
• 32% of gun owners have a valid FAC or have applied for a firearms licence – ATI Page 000104
• The most common reason for applying for a firearms licence is to be able to buy ammunition and hunt, especially outside the territory. – ATI Page 000104
• The most common reason for not applying is that they do not feel it is necessary. – ATI Page 000104

WAHTA COMMUNITY GUN SAFETY SURVEY – December 2002

• 56% of men in Wahta own or use guns – ATI Page 000130
• Guns are used primarily for hunting, and to a lesser extent for sentimental reasons or protection - ATI Page 000130
• 55% of gun owners have a valid FAC or have applied for a firearms licence - ATI Page 000131
• Gun owners without a licence have not applied mainly because they do not feel they have to or they are waiting for a Mohawk law.

RCMP REQUEST TO JUSTICE DEPT TO BUY 62 GUN CABINETS FOR THE COMMUNITY OF KIMMIRUT, NUNAVUT AT A COST OF $9,920

E-mail dated March 16, 2001 from Josh Mitsima of the RCMP to Muriel Paquette at the Dept. of Justice advising of a request from the community of Kimmirut, Nunavut to buy 62 gun cabinets at a cost of $160 each.  “For a little under $9,920 we could point to one community where total safe storage is practiced.”  ATI Page 000001

Kimmirut, the site of the Mitsima survey in Nunavut, is a small settlement of about 440 people.  Approximately 63% of the households in Kimmirut own a total of 296 firearms or 3.7 guns per gun-owning household. ATI Page 000070