the government has taken the extreme position that the present crisis is so grave it calls for disarming everyone without exceptionThat really is not how I understand, or would frame, the government's reasons for its actions, and I very much doubt that it's how it would frame its own reasons, even if it were not dissembling and were being utterly straightforward and candid.
I would say that the government has taken the demonstrably reasonable position that the present situation is so volatile, and the risk that certain individuals will use their firearms to seriously harm others so high, that it calls for separating certain individuals from their firearms.
The government cannot know for sure which individuals present such a serious risk. The government cannot know whether that risk will materialize, or what the results will be if it does. The government is no more prescient than you and I are.
The government cannot justify treating certain individuals differently from others on the basis of risk analysis alone. That would, indeed, be punishment without trial. It would quite possibly also be completely ineffective for the purpose in question -- preventing the serious harm to individuals that there are demonstrable reasons for fearing -- if the government happened to target the wrong people.
The government *can* justify regulating individuals' conduct generally. Governments do that all the time, when they are acting to protect sufficiently important interests (importance being relative to a number of things, including the seriousness of the interference in the exercise of a right). That, in fact, is what governments do. Kinda by definition. "Govern", you know?
Whether the government can justify regulating individuals' conduct generally -- interfering in the exercise of individuals' rights -- is a matter to be decided by whatever body is established and mandated to review the government's actions. This would appear to be the courts of New Zealand, in the case of Pitcairn Island. Now, New Zealand does not have a constitutionalized bill/charter of rights; I happen to have its Bill of Rights somewhere in my old bookmarks, as an example of one that is modeled on the Charter of Rights and Freedoms in the Canadian Constitution. Let's have a look. No - hold on. The New Zealand courts hear cases involving the Island, but it would be British law that governs, I'd think. Complicated. Not unprecedented; there are arrangements in Canada for appeals from courts in a Territory to be heard by the appellate courts of nearby provinces.
So it would be the UK's Human Rights Act that would govern, as far as I can figure. It's quasi-constitutional. Here we go:
http://www.hmso.gov.uk/acts/acts1998/19980042.htmThe "Convention" referred to is the European Convention on Human Rights, which the UK legislation incorporates by reference:
http://www.hmso.gov.uk/acts/acts1998/80042--d.htm#sch16. - (1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
...
7. - (1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may-
(a) bring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b) rely on the Convention right or rights concerned in any legal proceedings,
but only if he is (or would be) a victim of the unlawful act.
...
8. - (1) In relation to any act (or proposed act) of a public authority which the court finds is (or would be) unlawful, it may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate.
...
There ya go. Now of course there's the question of whether a Convention right has been
prima facie violated. Rights instruments in the big world outside the US do not commonly refer to possession of firearms (any more than to possession of trousers or pizza ...).
In Canada, I'd go with that right to liberty and security of the person business in my constitution. Those rights are construed very broadly, and not merely as prohibiting imprisonment and direct harm. The European Convention says:
ARTICLE 5
RIGHT TO LIBERTY AND SECURITY
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: ...
and it does seem to take a narrower view of "liberty" in the bits that follow, but I'd say that "security of the person" arguably covers subsistence hunting and gathering.
So, a right and a remedy for interference in the exercise of it. I do imagine that the govt has considered these eventualities, before making its decision. Here, we have public servants in the Justice Dept that scrutinize every little bit of legislation, and all regulations, before they are enacted or made, to ensure that they do not conflict with the Charter, for instance, and certainly the public servants who propose Orders in Council to Cabinet for signing (to do things that can be done by executive order, which is what the Pitcairn Island order is in the nature of) have done the same. I sincerely doubt that the Governor of Pitcairn Island is acting on a whim and without sound legal and constitutional advice.
But if he turned out to be wrong, the Islanders would have a remedy, including damages. And as was evident from one of the links I posted, they have no shortage of legal assistance gratis for such things.
So the government (Governor) has in fact taken a position that I would assume reflects sober and serious thought about the risks that exist, the seriousness of the harm that would possibly or probably result if the risks materialized, the harm likely to be done by making the order, and ways of mitigating that harm. And I can't imagine that *anybody* is going to suffer any adverse effects from the order -- from the
temporary forfeiture of their firearms -- that are not going to be compensated for if such compensation is necessary.
So on balance -- and that's how these things are decided, on balance -- I'm seeing a government doing the responsible thing, the thing that it is its function to do, protecting the public from reasonably foreseeable harm, without interfering in any noticeable way, let alone in any significant way, in the exercise of anybody's rights.
And remember --
the rights in question are liberty and security of the person; individual firearms possession for personal purposes is not a "right" that has any constitutional protection in Pitcairn Island, any more than individual trousers or pizza possession is. There is a right to do any of those things only in so far as doing them is an exercise of the right of liberty and/or security of the person (or any other right that they might be an exercise of). And the doing of them may be restricted and regulated for an appropriately important reason.
Just a brief comment on the first part of your remark:
I doubt that every single Pitcairnian who has a gun is both an unsavory person and involved deeply enough in this unusual situation that he or she cannot be trusted to keep and use his breadfruit-retrieval implement responsibly, ...In fact, that was not the only reason for the order -- at least ostensibly. I would not claim that it is not reasonable to be a wee bit suspicious of the bona fides of the following assertion offered in justification of the order:
http://www.theadvertiser.news.com.au/common/story_page/0,5936,10410277%255E1702,00.htmMr Forbes said that during the trials "there are going to be large numbers of people wandering around Pitcairn who are new to the island and there could be accidents".
I really do think that the fear is that any shootings of outsiders that might happen wouldn't be quite accidental, but that doesn't mean that there is not a reasonable apprehension of accidental shootings, also, in the circumstances.