It makes sense if one group of people in society is exempt from a Criminal Code law, all citizens should be exempt. Unfortunately, that's not the case in Canada. Earlier this month, Nunavut Judge Robert Kilpatrick granted a temporary injunction that exempts the Inuit from the federal firearms registry. Now other Aboriginal groups opposed to the registry have filed lawsuits to seek their own immunity.

Two years ago, the Nunavut Tunngavik Inc (NTI), which is the territory's land claims organization, filed a lawsuit against the federal government's firearms registry. The NTI maintain the 1993 Nunavut land claims agreement states the Inuit do not have to pay to exercise their traditional right to hunt, trap and fish on their land. Therefore, the Inuit are exempt from the firearms registry because there are costs associated with licencing a firearm.

It is true that under the Nunavut land claims agreement the government of Canada can not impose any licence or fees on the Inuit. That should not mean the Inuit are exempt from the entire firearms registry, merely the
licence fees. But it begs the larger question: why should the
Inuit be exempt from licence fees all other Canadians must pay

While waiting for the lawsuit to go to trial, the NTI received an injunction to temporarily exempt the Inuit from the firearms registry. To explain his decision, Judge Kilpatrick said requiring Inuit to register their guns could interfere with their traditional way of life.

How can the use of firearms be described as a "traditional" way of life for Native Canadians Firearms were not used by Native Canadians prior to European contact. Native Canadians used other methods to hunt, trap and fish - many of which are still in use today. However, this point hasn't dissuaded other Native organizations from using the same argument.

The Federation of Saskatchewan Indian Nations (FSIN) filed a lawsuit against the federal government. Their suit claims the firearms law violates treaties because it requires treaty Indians to obtain a licence, registration certificate and authorization from the Crown before they can legally exercise their treaty right to pursue traditional means of subsistence.

If the FSIN lawsuit is successful, their win will pave the way for all Native Canadians to be exempt from the firearms registry.

Similar to the Inuit case, the FSIN sought an injunction. Fortunately the Federal Court dismissed the FSIN's application.

Parliament passed the firearms law in 1995, which requires every gun owner to have a licence and register every firearm they own. But with the potential outcome of these cases the law may soon imply, every gun owner doesn't mean EVERY gun owner.

Section 15 of the Charter of Rights and Freedoms mandates equality for all Canadians. Consequently, the Criminal Code must apply to all citizens equally. In other words, if Native Canadians receive an exemption from the firearms registry, all Canadians should be exempt.