MÉTIS NATION Elgin Street, Ottawa, ON K2P 0M6 613-232-3216 • 1-800-928-6330 • Fax: 613-232-4262 • www.metisnation.ca November 27, 2023 To the Chair and Members of the Standing Senate Committee on National Security , Defence and Veterans Affairs: I am writing to you on behalf of the Métis National Council to express concerns regarding Bill C-21,

An Act to amend certain Acts and to make certain consequential amendments (firearms). While the Métis National Council has previously been supportive of Bill C-21, there remain significant concerns, especially in terms of implementation of the legislation, that must be addressed to ensure that Métis rights are respected and the objectives of this important legislation are achieved.

The Métis National Council was supportive of Bill C-21 as originally drafted as it struck a delicate balance between respecting constitutionally protected Métis rights and addressing firearms related violence, particularly gender -based and intimate partner violence. However, proposed amendments introduced, then withdrawn through House of Commons standing committee processes, gave rise to concerns regarding the scope of Bill C-21 and the implementation of the legislation.

These proposed amendments were not developed by Canada in consultation and cooperation with Indigenous Peoples, as required pursuant to s. 5 of the United Nations Declaration on the Rights of Indigenous Peoples Act.

At the time, the Métis National Council raised its concerns to the Minister of Public Safety, as the proposed amendments had the potential to infringe Métis rights, including s. 35 hunting and harvesting rights and rights affirmed under the United Nations Declaration on the Rights of Indigenous Peoples , such as the rights to practice cultural traditions and customs, secure means of subsistence, and engage in traditional economic activity.

While these meetings are not sufficient to fulfill Canada’s obligations under s. 5 of the United Nations Declaration on the Rights of Indigenous Peoples Act , they were instrumental in ensuring that Government-proposed amendments to Bill C-21 responded to the concerns of the Métis National Council. A non-derogation clause – s. 72.1 – was added to ensure that s. 35 rights are upheld and not derogated from.

The Government of Canada, as confirmed by Minister LeBlanc in his appearance before this committee on October 23, 2023, further committed to re - establishing the Canadian Firearms Advisory Committee to provide advice regarding firearms policy and regulation. During these meetings, federal officials emphasized the importance of Indigenous governments and rightsholders in the composition of this committee and Métis governments provided the names of experts at the request of the Minister.

Page The inclusion of a non-derogation clause and the re -establishment of the Canadian Firearms Advisory Committee are important initial steps in drafting and implementing this legislation in a manner that better respects Métis rights protected under s. 35. Yet, they are only initial steps. There are lingering concerns with the lack of clarity in Bill C-21. As drafted, decisions by the Chief Firearms Officer pursuant to s. 70.3 regarding conditional firearms licenses are discretionary.

This is not equitable as s. 70.3 does not ensure that the needs, interests, and realities of Métis communities will be considered. Further, the regime proposed in Bill C -21 for addressing gender-based and intimate partner violence , including the temporary suspensions (“ yellow flag ” provisions), prohibition orders (“red flag” provisions), and ex parte applications, ignores pre-existing access to justice issues, including the absence of both culturally appropriate policing and accessible court procedures.

Implementing Bill C-21 in a manner that responds to Métis rights, needs, interests, and realities requires consultation and cooperation with the Métis National Council and its Governing Members to the extent and manner required to comply with the United Nations Declaration on the Rights of Indigenous Peoples Act. The expansion of Bill C-21 to include firearms which may be used by Métis harvesters engaging in rights-based, traditional, and cultural activities may have the unintended consequence of criminalizing law-abiding activit ies and exacerbat ing Métis overrepresentation in the criminal justice system.

As overrepresentation is an increasing problem, as highlighted by Dr. Ivan Zinger the Correctional Investigator of Canada in his 2022-2023 Annual Report, the Métis National Council cannot support such measures. Though concerns remain with the potential impacts of Bill C-21, the Métis National Council remains hopeful that implementation of the Bill can address these concerns and advance shared priorities by working with and through Métis governments. To this end, it is essential the re -established Canadian Firearms Advisory Committee ensure fair representation for Métis governments.

While the development of Bill C-21 has not been without its challenges, the Métis National Council looks forward to continuing this important work to ensure that the delicate balance of addressing firearm-related violence and upholding Métis rights is maintained and the safety of the Métis Nation is advanced. Marsii, Cassidy Caron, President, Métis National Council