Hon. Dennis Glen Patterson: Thank you for your sponsorship of this bill, senator.

You said that the minister will work collaboratively with Indigenous groups in the development of regulations. That is necessary. My question is simple. The witnesses were very clear that they have unique circumstances and needs that should be addressed, so if the minister will work collaboratively with Indigenous organizations in the development of regulations, why would you oppose an amendment that is proposing they do precisely that? What’s wrong with an amendment that reinforces the commitment you’ve already said the minister will undertake in speaking to the bill?

Hon. Dennis Glen Patterson: Yes, please.

Hon. Dennis Glen Patterson: Honourable senators, I just want to bring up a few points in response to some of the statements that were made, including Senator Dean’s suggestion that no government has ever consulted so extensively with Indigenous peoples.

Colleagues, we have been through this movie before. The Firearms Act was amended in 1998, and, at that time, there was this same concern raised about Indigenous peoples having special and unique circumstances that had to be addressed. What did the government do? The government worked particularly with the Inuit — I know — to develop the Aboriginal Peoples of Canada Adaptations Regulations (Firearms), specifically to deal with the special circumstances of Indigenous peoples. This had to do with developing a regime for acquiring firearms acquisition certificates, recognizing there were language barriers to Inuit acquiring firearms acquisition certificates and developing a process where firearms acquisition certificates could be acquired orally based on the traditional Inuit hunting practices of elders in communities.

There are 21 regulations that were developed in 1998 to recognize the specific situation of Indigenous peoples. All that Senator Boisvenu’s amendment is proposing to do is make sure that we conduct the same process.

Let me say that the Firearms Act of 1998 was equally controversial for Indigenous peoples. They were involved in the development of the regulations. There was a whole adaptations regime developed. It’s been satisfactory for Inuit. They can obtain firearms acquisition certificates without having to read English and without having to submit written applications.

That’s just one example of the 21 provisions that were developed.

We’re told that the amendment will duplicate what is already in the act. Sorry, no, that’s totally misleading. The act includes a standard non-derogation clause. That’s the only reference to section 35 of the Constitution Act, 1982. A non-derogation clause is negative. It basically says that you can’t override section 35 rights when implementing the bill.

This clause is about not acting against Indigenous rights so that if the government does something, there is a remedy. This amendment will lead to a proactive process to prevent that from happening. The Inuit were happily and meaningfully involved in developing the Aboriginal Peoples of Canada Adaptations Regulations (Firearms). There have been no concerns about the Firearms Act of 1998, and there will be no concerns if they are meaningfully involved in implementing this bill.

By the way, I know that the committee heard evidence from witnesses who said, “You know what? We need semi-automatic weapons in Nunavut, because when a polar bear is coming for you and coming into your tent, you may need more than one shot in rapid fire to save the lives of your family and your children.” There is a genuine need to have the regulations adapted to Inuit in Nunavut.

I feel very strongly that this amendment should be carefully considered by the chamber.

I want to say what I also said in my question to Senator Yussuff: The government didn’t bother to consult with Inuit in the development of this legislation. They are hunters. They live and feed their families by hunting. They are not sports hunters. They are like farmers. They harvest on the land using firearms. They know about firearms like no one else does, and, again, they contributed to the adaptations regime in 1998. They should be allowed to contribute to an adaptations regime in 2023.

This amendment will do that.

Senator Yussuff has told us that it is his hope that rights will be respected. Let’s guarantee it by ensuring that the consultation that did not take place in the development of this bill will happen in the development of the regulations.

I’m sorry, but regulations are published and gazetted. We all know the process; that’s an after-the-fact process. This is proactive. It will ensure that the regulations are not responded to after the fact, and do not have to invoke the non-derogation clause or result in litigation. Again, this ought to be done proactively, as it happened in 1998.

I give credit to the government of 1998 for consulting with Inuit and Indigenous organizations in the Aboriginal Peoples of Canada Adaptations Regulations (Firearms). Let’s do it with this bill.

It’s a simple, reasonable request.

I know there’s a mantra of “no amendments.” That was the rule in committee, which I understand is probably the government’s desire, but this is a reasonable amendment. No one will oppose this amendment. Let’s do it right and properly, and make sure the consultations that took place in 1998 also take place in 2023 in the all-important development of the details — the regulations.

Please support the amendment, honourable colleagues. Thank you.