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Renaud, Gilles --- "Arctic Justice on Trial for Murder, Pond Inlet, 1923 by Shelagh D Grant" [2003] DeakinLawRw 11; (2003) 8(1) Deakin Law Review 205

BOOK REVIEWS

Arctic Justice On Trial For Murder, Pond Inlet, 1923 by Shelagh D Grant (McGill-Queen's University Press, Montreal, 2002)

Justice Gilles Renaud[*]

Not unlike what one might imagine in a novel penned by Georges Simenon or Agatha Christie, the author stumbles across a plank near the shore of Pond Inlet, and discoverers that it is the marker for the nearby tomb of one R S Janes, the victim of a shooting in 1920 that was held by the non-Native criminal justice system to be manslaughter. The resulting trial of an Inuk, as we discover in this superbly written and meticulously researched book, ushered in Canadian sovereignty over much of the Arctic and marked the introduction of criminal law to this pre-modern society. But, of equal importance, it symbolises much of what is discordant in the dyadic relationship between non-Native and Native communities and serves as a signal reminder that although the Law is an instrument of justice and enlightenment, it may serve base purposes at times, in keeping with the less than noble motivations of her servants.

Indeed, as noted by the author at page 6:

In one sense Arctic Justice is a story of an Inuk who killed an abusive white man at the request of those who feared for their lives. Yet it is also about the introduction of Canadian law and justice to the Inuit of North Baffin where there had been no previous attempt to enforce colonial rule. The narrative gives rise to stark contrasts of imagery, ranging from images of diplomats debating the finer points of international law to fisticuffs between angry, knife-wielding fur traders.”

Professor Grant adds:

Throughout each story runs a common theme of fear – collectively or individually – in response to the unknown.” Subsequently, we read that the author’s objective was to provide insight into the motivations and frustration of enforcing law an order on the Arctic frontier. Even then, Arctic Justice is ultimately a much broader study about human response to an alien culture. (Refer again to page 6).

Although Professor Grant indicates at page 6 that her objective is not to establish whether there was a miscarriage of justice, it will be opportune to comment on the aspects of the case that are troubling, and there are many, ranging from the initial investigation by a police officer who then presided over the inquest, and later over the preliminary inquiry, to a jury composed of a majority of non-English speaking francophones with the result that the proceedings had to be translated into both Inuktitut and French, with a corresponding loss of fluidity and increase in confusion, leaving aside the absence of a jury of his peers, adequate time to instruct counsel and the constitutional concerns rising from the appointment of a 'special magistrate' to preside over a s 96 trial.

It is noteworthy that our understanding of the background to the trial and of the milieu in which these events unfolded is enhanced by a helpful glossary of terms and a detailed index of the participants. The text is enriched by many photographs, including contemporary ones identifying the major protagonists that serve to underline the tremendous disparities between the state and the accused.

It may prove of assistance to draw particular attention to the first chapter, 'North Baffin Prior to 1905', as it serves to introduce the peoples and their unforgiving milieu, the better to underscore the lesson that survival depended on respect for the environment and a closely-knit social cohesiveness. Of interest, we gain a substantial understanding of the pre-modern formal legal system, and the fundamental deference to authority that marked the rapports as between the aboriginal population and the transient whalers and traders, albeit not to the point of not being determined to obtain fair value in trade. More importantly, on the one hand, we are made to understand that gentle measures of correction to modify unacceptable behaviours were employed such as counselling, derision, gossip, and public confession. These elements of restorative justice sought to re-establish harmony within the community by means of consensual agreement. Conversely, more serious wrongdoing might result in widely held consensual agreement to banish or to execute the party guilty of such deviant, insane, conduct.

In general traditional beliefs emphasised non European-inspired punishment and deterrence, but resolution of conflict, and this might motivate ‘sparing’ one ‘guilty’ of a serious wrong if the loss of that person’s contribution to the community as a hunter was feared.[1] On the other hand, actions that threatened the group, such as threats to shoot the dogs that were essential to hunting that were ascribed to the victim of the shooting, might result in a deliberative consensus that decisive action was required. This is fundamental to our understanding of the actions of the accused against the unforgiving background of the milieu and the imperative of survival by emphasising the safety of the group, and as the book reveals, this was overlooked almost wholly as imperatives of imperialism, or nation-building if you prefer, and coercive law-enforcement dominated the decisions of non-Natives! It is from this perspective that that we must judge the title “Arctic Justice”. Both groups of protagonists believed (and ultimately continue to believe) that what occurred was just: on the one hand, the killing was just to protect the nuclear community and it’s ability to hunt; the trial and conviction was justified to protect the greater community from any traditional exercise of might, on the other.

The sources uncovered by Professor Grant, a professor of history at Trent University in Peterborough, Ontario, include newly-discovered primary records notably diaries of police officers associated with the investigation, and oral histories contributed by elders. This may be the most significant contribution of the text as it assists us in understanding how memories fade over time, how rationalisations come to dominate mind sets, and how the emergence of a cultural understanding of the background of events may influence (and distort) our original perception of what occurred. In other words, may it be that the aboriginal witnesses to the shooting have modified their views based on a better understanding of how the dominant non-Native culture perceives matters such as insanity, or conduct that threatens the well-being of the group? Although the answer to this question is beyond the scope of this review, it will be useful to make plain that throughout the book, there is a marked contrast between the accounts of the participants of the trial itself and the surviving objective evidence such as photographs of the proceedings. Thus, if the juxtaposition of such objective evidence and the subjective memories reveals tremendous gulfs, what can we conclude is the likelihood of a fair account of the killing and the investigation after so many years and after the introduction of an overwhelming cultural system, the least manifestation of which is criminal justice?

These comments ought not, however, to be interpreted as denigrating the pains taken to collect such oral histories. To the contrary, the evaluation of these recollections should prove invaluable if we are to undertake the difficult but absolutely necessary study of the influence of cultural (and cross-cultural) influences on memory in the sense of the ability to perceive, to store and to recall events. Every day criminal courts are tasked with the onerous duty of attempting to search for the truth about often distant events involving parties of different backgrounds, languages, ages, gender, etc. To fail to learn from the teachings of this trial, and this violent cross-cultural confrontation, will result in a wasted opportunity to advance our understanding of humanity and the concomitant need to have the criminal law conform to the needs of those who require its protection, both accused and victims.

Au demeurant, the lessons that were available to be learned so many years ago, whether respecting the procedural and substantive rights of defendants who do not share the culture, language, and social and family outlook of the dominant society, or in respect of the gathering of evidence from among a community that expresses itself and views the world around it in a fashion totally alien from the experience of the investigators, remain open to us, if we have the wisdom to accept these self-evident yet subtle teachings. Our ability to dispense fundamental justice in a form more closely aligned with traditional beliefs and cultures, both in isolated communities and in our larger centres, depends merely upon our resolve to accept that though the symbol of justice is blindfolded, she is capable of far reaching insights.


[*] Ontario Court of Justice, Canada.

[1] Although it is beyond the scope of this review to discuss restorative justice, it will be useful to emphasise the belief held by many that most consensual forms of alternative dispute resolution involve an element of coercion. Accordingly, the North Baffin communities could count on the implied threat of recourse to the ultimate weapon of banishment or execution to ensure compliance with the lesser methods of social correction. Refer to the very recent discussion of the Dogrib community’s mechanisms of justice at pages 88-91 of Anthony Bottom's essay, 'Some Sociological Reflections on Restorative Justice' in von Hirsh, Roberts et al (eds), Restorative Justice & Criminal Justice Competing or Reconcilable Paradigms? (2003).


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