Interviewing Inuit Elders
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6507.1 Volume 2 covers 5/1/06 1:35 PM Page 1 INTERVIEWINGPerspectives INUIT onELDERS Traditional Law erspectives on Traditional Law P INTERVIEWING INUIT ELDERS Mariano Aupilaarjuk, Marie Tulimaaq, Akisu Joamie, Emile Imaruittuq, Lucassie Nutaraaluk 2 Edited by Jarich Oosten, Frédéric Laugrand and Wim Rasing 6507.5_Fre 5/1/06 9:11 AM Page 239 6507.1OralHistory2 LAW 5/1/06 8:25 AM Page 1 INTERVIEWING INUIT ELDERS Volume 2 Perspectives on Traditional Law Mariano Aupilaarjuk, Marie Tulimaaq, Akisu Joamie, Emile Imaruittuq, Lucassie Nutaraaluk Edited by Jarich Oosten, Frédéric Laugrand and Wim Rasing 6507.1OralHistory2 LAW 5/1/06 8:25 AM Page 2 Interviewing Inuit Elders Volume 2 Prespectives on Traditional Law Copyright ©1999: Nunavut Arctic College and Mariano Aupilaarjuk, Marie Tulimaaq, Akisu Joamie, Emile Imaruittuq, Lucassie Nutaraaluk, Jarich Oosten and Frédéric Laugrand, Wim Rasing, Alexina Kublu and participating students (as listed within). Photos by Nick Newbery (Acknowledgements), Frédéric Laugrand and Sally Mikijuk. Cover illustration “Man and Animals” by Lydia Jaypoody Design and production by Nortext (Iqaluit) All rights reserved. The use of any part of this publication, reproduced, transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, or stored in a retrieval system, without written consent of the publisher is an infringement of the copyright law. ISBN 1-896-204-341 Published by the Language and Culture Program of Nunavut Arctic College, Iqaluit, Nunavut X0A 0H0 with the generous support of the Pairijait Tigummivik Elders Society. For order information: Nunavut Arctic College Library Box 600 Iqaluit, Nunavut X0A 0H0 6507.1OralHistory2 LAW 5/1/06 8:25 AM Page i Table of Contents ACKNOWLEDGEMENTS iii MAP v INTRODUCTION Tirigusuusiit, Piqujait and Maligait: Inuit Perspectives on Traditional Law 1 PART ONE: Chapter 1 Tirigusuusiit and Maligait 13 Chapter 2 Respect for Wildlife 33 Chapter 3 Dealing with Wrong-doers 43 Chapter 4 Advice for Women 63 PART TWO: Chapter 5 Emile Imaruittuq: Memories of the Past 73 Chapter 6 Lucassie Nutaraaluk: Memories of the Past 95 Chapter 7 Leaders, Elders and Shamans 113 Chapter 8 Ownership and Sharing 133 Chapter 9 Murder 157 Chapter 10 Unikkaat and Unikkaaqtuaq 179 Chapter 11 Pisiit, Songs 201 GLOSSARY 221 REFERENCES 233 6507.1OralHistory2 LAW 5/1/06 8:25 AM Page ii 6507.1OralHistory2 LAW 5/1/06 8:25 AM Page iii ACKNOWLEDGMENTS With much heartfelt gratitude we would like to thank the Pairijait Tigummivik Society for funding the publication costs for this series. Without their contribution this series may not have become a reality. 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Nowadays, these words are often used as equivalents to Mmodern Western notions of law. Through these terms Western notions of law may become more accessible to Inuit. In the Legal Glossary, authored by Desmond Brice- Bennet, Michèle Therrien (1997: p250) states: “New terminology is interesting because it uses ‘old’ materials to express today’s experiences and concepts.” In the process of translation, Western concepts as well as Inuit notions are changed. The Western concepts acquire new connotations and meanings associated with the old words that are not always sufficiently acknowledged by Westerners. The old concepts become imbued with new meanings attached to Western concepts of law. The use of these translations tends to obscure the fact that maligait, piqujait and tirigusuusiit on one side, and notions such as law on the other, derive from completely different cultural perspectives. In her instructive appendix to the Legal Glossary, Michèle Therrien explains some of the key notions in more detail. She is well aware of the risks involved in translating these terms into modern concepts. Her explanations are illuminating, as she carefully expounds the meaning and significance of these terms. Thus piqujaq is translated as ‘Inuit customary law.’ This translation is useful in the context of the modern law system, but obviously ‘customary law’ is a Western concept that did not exist in Inuit society before the introduction of the Canadian system of law. The back translation of piqujaq is ‘which is asked to be done (by somebody)’ and its implicit meaning is ‘which is asked by an authorized person to be done’. Therrien (1997: p253) explains that piqujaq ‘is used as a general concept pertaining to the obligation to respect rules imposed within Inuit society. These rules are orally transmitted and not codified. Only authorized persons have the right to make rules. Rules most often taught by parents concern offering help to the family or the elders, and respect due to animals’. In this explanation we come much closer to the meaning of piqujaq than in the translation ‘customary law’ but even here it is difficult to avoid such terms as ‘rules’ and ‘authorized persons’ that suggest a much more formalized structure than actually existed in Inuit society. Elders had much Introduction – Inuit Perspectives on Traditional Law 1 6507.1OralHistory2 LAW 5/1/06 8:25 AM Page 2 authority and were highly respected, but not in any formal way. The term ‘rule’ suggests a general principle, which is always applied whereas the term piqujaq emphasized the importance of the relation involved: people will comply with what those they respect ask from them. To understand how the principle worked we have to understand the social fabric of Inuit society. With respect to the term maligaq we are faced with similar problems. Nowadays, it is often translated as ‘Canadian law’. But maligaq is a relational term. According to the glossary malik means ‘to follow a person, an animal, an idea, an object. To travel with somebody not being the leader e.g. not owning the sled ‘(Therrien, 1997: p255). Therrien, (1997: p256) explains that maligaq means, ‘which is followed in an inherent manner’ and comments, “Using maligaq or maliksaq instead of piqujaq for customary law would mean that the focus is put on the result of a request (the obligation to obey) rather than the request itself (the wish to obey).” rédéric Laugrand F Lucassie Nutaraaluk, Aaju Peter and Frédéric Laugrand. The third term, which we use in the title, is tirigusuusiit, a term frequently used by the elders in the interviews. In the anthropological literature tirigusuusiit are unfortunately often referred to as taboos or superstitions (cf. Spalding, 1998: p161) tirigusungniq superstition; belief in taboos). They refer to the observance of specific rules, usually with respect to game and they played an important part in Inuit society before the introduction of Christianity. The more an animal was used the more tirigusuusiit there were. The notion of tirigusuusiit is closely associated to that of pittailiniq, refraining from doing what is not allowed. In the wider perspective of Inuit society, a clear distinction between ritual and social rules cannot be maintained. In fact, ritual rules such as the tirigusuusiit tend to take precedence over general social principles of correct behaviour. The interviews with the elders made quite clear that tirigusuusiit played a central role in the preservation of Inuit society. Although most of the tirigusuusiit are no longer observed, the necessity of respecting game is still widely acknowledged by Inuit. The awareness, that the continuity of society depends on the maintenance of correct relationships with animals and the land, is still very strong. 2 Perspectives on Traditional Law 6507.1OralHistory2 LAW 5/1/06 8:25 AM Page 3 It is doubtful whether the notion of law is helpful in understanding beliefs and practices covered by these concepts. An extensive literature exists on the question, to what extent Inuit had law. In 1954, Adamson Hoebel devoted the first chapter of The Law of Primitive Man to the Inuit and concluded that only ‘rudimentary law,’ existed among them. Van den Steenhoven did fieldwork among the Inuit of the Keewatin district. He gave a systematic account of many cases of conflict and finally concluded (1962: p1130) that the existence of some form of law among the Keewatin Inuit could not be demonstrated. Van den Steenhoven was well aware that Inuit were perfectly capable of managing their own affairs and in the last chapter of his book he discusses the problem of the maintenance of peace. Here he examines some of the principles which served that purpose in Inuit communities.