ARCHIVÉ Glossaire juridique - Concepts inuits et notions concernant le système juridique canadien

Collège de l'Arctique, Campus Nunatta, Iqaluit (Nunavut)

Chaque langue a son propre lexique et ses caractéristiques syntaxiques pour relater, analyser et catégoriser ce qui constitue l'expérience humaine. Une terminologie nouvelle est intéressante dans la mesure où elle utilise « d'anciens » matériels pour exprimer des concepts et des expériences actuels.

Comme il est nécessaire de savoir pourquoi un mot semble plus adéquat qu'un autre, les recherches relatives à la conceptualisation peuvent aider au développement des nouvelles terminologies.

Certaines notions pourraient apparaître, dans le commentaire, trop flagrantes pour un locuteur inuit mais, dans une perspective interculturelle, ces commentaires pourraient être très utiles. Cependant, certains concepts nécessitent d'être mieux compris; le vocabulaire a beaucoup de sens cachés qui n'apparaissent pas lorsqu'une personne parle. Cette analyse est une première tentative pour atteindre les niveaux les plus profonds dans la signification. Par conséquent, elle doit être vérifiée encore afin que nous soyions le plus près possible des idées qui sont réellement exprimées en inuktitut.

L'analyse qui suit est le résultat de discussions avec Susan Enuaraq, Jaypeetee Arnakak, Alexina Kublu, Makee Kakkik, Jacopoosie Peter et Lucassie Nutaraluk. Je voudrais les remercier pour leurs commentaires perspicaces.

Michele Therrien, Ph. D.
1997

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ᐱᖁᔭᖅ ᔨᓂᖏᒥᒧᖑᖏ: Inuit Customary Law

• pi-: to do, to act, to get
• -qu-: to ask, wish, order, allow, beg (him or her) to do something
• -ja-: passive marker; non inherently passive meaning, less permanent, therefore opposed to
• -ga-: (see maligaq)

nominalization marker

• -q: specificator (singular marker)

back translation: "which is asked to be done (by somebody)"

implicit meaning: "which is asked by an authorized person to be done. It applies to an individual and is ruled along the conscience"

meaning: "customary rule" (Inuit law)

Depending on context, piqujaq means "which is asked," "wished," "ordered to be done," "allowed." It 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 case a piqujaq is not followed, relatives (and also the whole community) would be very disappointed to find out that a request has been ignored. However, there might be no heavy sanction and bad consequences might be delayed. The concept of Inuit customary law always leaves room for error, personal interpretation and personal autonomy. It is therefore considered a flexible system able to deal with specific situations.

ᒪᓕᒐᖅ: Maligaq: Canadian Law (Federal, Provincial, Territorial Legislation Including Common Law)

• mali(k)-: to follow a person, an idea, an object, an animal, to travel with somebody not being the leader (e.g., not owning the sled)
• -ga-: passive marker; inherently passive meaning, used in permanent contexts

nominalization marker

• -q: specificator (singular marker)

back translation: "which is usually followed (by somebody)"

implicit meaning: "which is asked to be done with forcefulness"

meaning: "Canadian law"

Maligaq means "which is followed in an inherent manner." For many Inuit, it is applied to written and codified law in a controlled society, and associated with forcefulness. For example, to get divorced one must follow a specific maligaq.

Qallunaat law is seen as more coercive than Inuit traditional law; for example it can include forcible confinement to jail. Canadian law seems to be powerful controlling what should be done and how it should be done. Evident interference with individual freedom constitutes a very emotional issue among Inuit.

In some dialects maligaq (or maligaksaq "what is intended to be usually followed") seems to be bear the general concept of Inuit customary law. One must check what is preferred locally and what are the reasons for the choice. Using maligaq or maligaksaq 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 be obeyed).

ᐊᑐᐊᒐᖅ: Atuagaq: Guideline

• atuq-: to use, to follow, to wear
• -a-: prolongation of action
• -ga-: passive marker; inherently passive meaning, used in permanent contexts

nominalization marker

• -q: specificator (singular marker)

back translation: "something to be followed"

synonym: ijjuaraksaq, "a model, something there for the purpose of being followed"

implicit meaning: "something good commonly used or commonly followed like a pattern or a framework already set"

meaning: "convenient mean," "guideline"

Atuagaq is the name given to something considered useful or important—for example, a safe path. Today it is also the name given to any guideline.

The request to use an atuagaq necessarily comes from a person with much power or the society as a whole. The opposite (to refrain from using an atuagaq) might be an obligation#8212;for example, to refrain from driving a car (a convenient mean therefore an atuagaq) after having been drinking alcohol.

There might be circumstances where something useful cannot be used as such because of the person or circumstances. A culturally meaningful example would be the following: a hunter travelling in winter by land near the coast finds it very convenient as it is the shortest way by dog-team or ski-doo. But in summer when there is no more snow or ice, he or she is obliged to travel by boat following the dented coast, which is the longest way.

The concept of atuagaq is not exclusive to Inuit customary law and applies to Canadian law which is composed of atuagaliit (general policies) and atuagarusiit (specific policies, literally smaller things to be used as part of broader ones).

ᐱᕋᔭᒃᑐᖅ: Pirajaktuq: An Offender

• pirajak-: to violate a rule, a request (with different degrees)
• -tu-: something, somebody who

nominalization marker

• -q: specificator (singular marker)

back translation: "the person who acts against someone's wishes or against the norm"

implicit meaning: "a person who acts in a sneaky way"

meaning: "an offender" (someone who has a deviant attitude implying misdemeanor)

The implicit meaning (acting in a sneaky way) has a strong negative connotation, especially in small communities where members of the family tend to stay close one to another and where activities must be shared in an open manner.

Discussions about this led to this remark by Susan Enuaraq:

"Maybe the reference to sneaky ways is to be put in relation to pleading guilty or not guilty, taking into account that in our society a sneaky person is supposed to feel ashamed and therefore to plead guilty."

pirajaktuq is not of course a new concept. All societies, including Inuit society, share the concept of breaking rules. It does not mean, though, that Inuit and Qallunaat share the same image of what is considered an offense and who is considered an offender.

Taamusi Qumaq's definition of an offender does not refer to the notion of being sneaky. He or she gives the following descriptive definition in his or her dictionary (1991, p. 195):

"An offender is somebody who is inconsiderate, who acts on his own, who is not even afraid to damage his body, who seeks to break what he does not own and to steal ignoring the law."

ᖁᓄᔪᕐᓂᐊᕐᓂᖅ: Qunujurniarniq: Sexual Assault

• qunu-: to resist somebody or something
• -juq-: somebody who

nominalization marker

• -niaq-: to go after somebody, to search for, to seek
• -ni-: notion of

nominalization marker

• -q: specificator (singular marker)

back translation: "the notion of going after somebody who is resisting"

implicit meaning: "seeking actively to do something against somebody, imbalance of power, predatory action resisting with gestures" (with words: anginngituq)

meaning: "sexual assault"

The concept of rape existed before the arrival of Qallunaat. Nevertheless, many non-Inuit still think that the words "rape" or "sexual assault" do not exist in Inuktitut. This, they say, explains why some Inuit women do not show aggressive attitudes towards rape ("They do not fight back," "They do not inform the police," etc.). They are not aware that these women may have reasons for not doing so (essentially family concerns). It must also be taken into account that some other Inuit women strongly fight back (qunujualuullutik).

qunujurniarniq is part of the new terminology and bears a negative connotation which kujannirniq (sexual relation) does not have, unless we have syntagms such as kujannirniq surusiuluaqtumik, sexual abuse (back translation: "the fact of having a sexual relation with a too young boy or girl)."

In Nunavik, arnaniarniq has often a negative connotation as shown in the related form arnaniuti "a man who have many female partners."

ᐃᖅᑲᖅᑐᐃᔨ: Iqqaqtuiji: Judge

• iqqaqtui-: to recall past events
• -ji: somebody who performs an action in a habitual manner (e.g., as a job), a doer

back translation: "the person who (makes another) recalls past events"

today's meaning: "a Canadian judge" (in Baffin dialects and Nunavik)

implicit meaning: "a person who contributes in recalling a wrong action rather than a good one; helping somebody to express something not yet mentioned but not beyond memory"

In other words, something invisible or distant has to become visible and the iqqaqtuiji has an important role in making this happen.

iqqaqtuiji seems to be linked semantically with iqqaq, "the invisible (or most of the time invisible) bottom of a river, a lake, a tank." We know that it is there but we do not see it.

Example: iqqalijaaqtuq

• iqqa-: bottom-
• lijaaq-: to show for a long time
• -tu-: something, somebody who

nominalization marker

• -q: specificator (singular marker)

meaning: "its bottom shows clearly for a long time (because of clear shallow water)"

On a metaphorical level, an action which has never been told to somebody is located in the person's consciousness or memory. The judge's responsibility is to make sure that this becomes accessible to others.

iqqaqtuiji is not a new concept but it is applied today to the Qallunaat way of judging an offender.

If in both societies "to judge" has to do with creating the conditions for an un-mentioned event to emerge, Inuktitut more than Qallunaatitut stresses the dynamic process of shedding light on something hidden.

ᐃᖅᑲᖅᑐᐃᔨᕋᓛᖅ: Iqqaqtuijiralaaq: Justice Of The Peace

• iqqaqtui-: to recall past events
• -ji: somebody who performs an action in a habitual manner (e.g., a job); a doer
• -ralaa-: small (very small depending on the context)
• -q: specificator (singular marker)

back translation: "the small person who (makes another) recalls past events"

meaning: "Justice of the Peace"

In Inuktitut the distinction between "big" and "small" judges is expressed. This does not show as clearly in English or French where the main reference concerns the notion of peace and not so much a difference in status between a judge and a Justice of the Peace.

ᓈᓚᒃᑎᑦ: Naalaktit: Jury

• naalak-: to listen to, to follow, to obey
• -ti: somebody who performs an action in a habitual manner (e.g., a job); a doer
• -t: plural marker

back translation: "those who listen to"

implicit meaning: "those who concentrate on an important message or an important person"

meaning: "jury"

English and Inuktitut words for "jury" differ in content. In Inuktitut, the main idea is "to pay attention to what is said in order to act in a given way, increasing awareness and wisdom." This attitude corresponds to a main value in Inuit culture.

The English word for "jury" refers to the exercise of justice.

Remark: The meaning "to obey" to which naalak- also refers, has not been kept, because a jury is not asked to obey. But at first sight there could be an ambiguity which is avoided in Nunavimmiutitut: tukitaaqtisijut "those who discuss before doing something" (jury).

ᑎᒍᔭᐅᒪᓂᖅ: Tigujaumaniq: Custody

• tigu-: to take with the hand, in the hand, to grasp, to seize
• -ja-: passive marker; non inherently passive meaning, less permanent, therefore opposed to
• -ga-: (see maligaq) nominalization marker (tigujaq = seized)
• -u-: to exist
• -ma-: in the state of
• -ni-: the notion of

nominalization marker

• -q: specificator (singular marker)

back translation: "the notion of being in the state of having been grasped or seized (by somebody)"

implicit meaning: "the notion of having been grasped or seized, rather like an object than a person, and not being autonomous anymore" meaning: "imprisonment"

There is a semantical link between tigu- (to take with the hand, to grasp, to seize) and tiglik- to take something which does not belong to you and keep it (ref. Comparative Eskimo Dictionary, Fairbanks, 1994, p. 365). There is also a semantic link between tigu- and tiguaq, an adopted child.

In Nunavimmiutitut, as seems to be the case elsewhere, translations for "prison," "trial," "sentence," "interrogation," and "guilty" are given in the passive form (in the following examples the passive marker is underlined):

• tigujauvik, prison: "the place where somebody has been taken"
• iqqatuqtauniq, trial: "the fact of being judged"
• iqqaqtuqtaujuup qanuilijauninga, sentence: "the words addressed to the one who is judged"
• apirijauniq, interrogation: "the fact of being interrogated"
• pasijaksaq, guilty: "who is suspected," "blamed"

The passive structure stresses the fact that Inuit are arrested, judged. Considering that up to now few Qallunaat were arrested and judged up North, the passive structure underlines how "new and strange," from an historical and cultural point of view, is the fact of being arrested, interrogated, judged, put in jail by Qallunaat.

Remark: Tigujaumaniq is a new experience while banishment is not.

ᐸᓯᔭᒃᓴᖅ: Pasijaksaq: The One To Be Suspected, Accused

• pasi-: to suspect somebody without telling about it and then decide to tell about it: being sure of one's opinion or at least pretty sure; to blame, to accuse
• -ja: passive marker; non inherently passive meaning, less permanent, therefore opposed to
• -ga-: (see maligaq) nominalization marker
• -ksa: somebody, something intended for, destined to (not already achieved)
• -q: specificator (singular marker)

back translation: "somebody destined to be suspected, blamed (by somebody else)"

meaning: "guilty"

pasi- is not a new concept. The same root exists in Yupik where paci- also means "to blame," "to accuse," "to suspect."

Translating "guilty" has always caused many misunderstandings in court. English and Inuktitut do not coincide in meaning because the point of view is not the same in both culture.

Discussions led to this remark by Susan Enuaraq:

"Why does the question pasijaksauniraqtauvit (Are you said to be blamed)?" and the question "Are you saying to yourself that you are to be blamed" seem better than pasijaksauvit (are you to be blamed)?"

Maybe Inuktitut tries to come close to English and make clear what the offender himself thinks. In English "to be guilty" refers to the offender himself and is the same as "to be suspected or to be blamed," in Inuktitut pasijaksaq refers to an opinion expressed not by oneself but by somebody else; it might happen that the person who "suspects" is wrong.

Remark: pasijaq means "accused."

ᐸᓯᔭᒃᓴᐅᓐᖏᑦᑐᖅ: Pasijaksaunngittuq: Beyond Suspicion

• pasi-: to suspect somebody without telling about it and then decide to tell about it; being sure of one's opinion or at least pretty sure; to blame, to accuse
• -ja: passive marker; non inherently passive meaning, less permanent, therefore opposed to
• -ga-: (see maligaq) nominalization marker
• -ksa: somebody, something intended for, destined to (not already achieved)
• -u-: to exist
• -nngit: negation
• -tu: something, somebody who

nominalization marker

• -q: specificator (singular marker)

back translation: "somebody not destined to be suspected, blamed (by somebody else)"

meaning: "not guilty"

Remark: sakkutaq means "acquitted, released." The general meaning of sakkui- is "to let go," "to abandon," and is the antonym of "to grab."

ᓴᓂᕐᕙᐃᓂᖅ: Sanirvainiq: Pardon

• sanirvai-: to put something aside
• -ni-: the notion of

nominalization marker

• -q: specificator (singular marker)

back translation: "the fact of putting aside something" or "putting something on the side of"

implicit meaning: "the fact of having no more something near oneself"

figurative meaning: "the fact of forgiving something or somebody"

sanirvai- is a compound of sani- "side of" and -rai- "to do something on a spatial feature (side, front, middle, etc.)

There are other ways to express the idea of "pardon." For example:

• isumagigunniiqpaa: "He has ceased to think about it"
• puiguqpaa: "He forgot it"

Even if distinctions are to be made between sanirvai-, isumagigunniiqpaa and puiguqpaa, they share a common meaning: "to prevent something from showing up consciously or not."