Sunday, October 31, 2010

A jury trial in Cape Dorset off the coast of Baffin Island

A jury trial is always a significant undertaking. That's the case even when you go home every night through rush hour traffic. In the High Arctic there are some extra challenges -- and rewards -- to a jury case.

The trial is conducted with a jury including unilingual Inuktituk speakers. Saying even a few words in Inuktituk is greatly appreciated. Most people here speak some English but many speak it slowly and you can see them translating mentally. As a result everything at trial is translated consecutively or simultaneously. But not all English words can be translated into Inuktituk and vis-a-versa. For example, during my trial a witness spoke of a rifle when clearly the weapon was a shotgun. Inuktituk uses the same word for all long guns and that word is usually translated as 'rifle'; when there is both a rifle and a shotgun confusion is caused. (Indeed, one wonders if there are other confusions that go unnoticed?).

The jury pool is very small and everyone knows everyone. Walking to the local store you invariably meet witnesses and jurors. And they want to chat -- obviously the risk of offering offence is high but you can't talk to a juror or witness for fear of somehow prejudicing the case. The best you can do is smile, say hello and move on quickly.

The facilities are primitive. The judge's "chamber" is a low closet mostly filled with supplies. The witness room is a boiler room (at least it's warm!). The "courtroom" is just the community hall and the tables and chairs come down every night to allow for bingo or local council meetings. There is no hotel to put the jury in so once the jury is charged they cannot be sent anywhere overnight; they have to decide the same day as they are charged. At best a few cots can be found so the jurors can some rest. And there is no easy way to get catering so the registrar makes frozen pizza. Snacks for the jurors are limited to say the least. Everyone pitches in to make things work.

Alcohol is a huge problem; it underlies almost all crime here. Although alcohol is theoretically not for sale without special licence it is easy to find -- but at an enormous price. A large bottle of vodka runs about $600 - $800 cash. But, despite the poverty (which is very real) people find the money. One witness, a person with a good job and family, on being asked 'how often do you drink' replied, in Inuktituk, 'as much and as often as I can'.

Now all that said, the people are not despairing or unfriendly. Quite the opposite -- people are extraordinarily open and friendly. People come up to you and just chat. Food is scarce but offered freely. Every evening I had an invitation to a meal -- seal or whatever else had been caught. Walking down by the ocean a group of men with long guns ran up to me and asked me to join them on a boat as they had just spotted a whale -- I declined but they returned successful to offer meat to the hamlet.

The court operates as best it can and is careful to deliver the same level of justice as in, say, Ottawa. The judge's charge is careful and thorough (and translated). The jury takes an Inuktituk indictment with them to the jury room. Photographs are reproduced for the jury to review. Although different than a southern trial, justice is done just the same in the north.

2 comments:

Unknown said...

Remarkable, rare kind of story. So neat to read it through the lens of an eye witness. Everyone talks about on-the-ground reporting but few do it and when it's done it rarely comes from such remote regions. Thanks for posting this.
Jesse Mullins, Abilene, Kansas

Anonymous said...

" -- people are extraordinarily open and friendly. People come up to you and just chat. Food is scarce but offered freely. Every evening I had an invitation to a meal -- seal or whatever else had been caught. Walking down by the ocean a group of men with long guns ran up to me and asked me to join them on a boat as they had just spotted a whale -- I declined but they returned successful to offer meat to the hamlet"

How interesting! What a privilege to be invited into this culture. We have so much to learn from the Inuktituk and their ways of being, don't we. And who better than you to be there in such an important honourable role. Thank you for sharing and recounting your experiences, James.

Daria S.