Topic 2.2: Inuit Qaujimajatuqangit (IQ) Principles in Legal Practice

As noted by Usher (2000), IQ can be understood as “an iterative process that serves as a space for discussion as much as a way of viewing the world.” IQ not only provides a lens through which to understand cultural practices but also extends its relevance to contemporary issues, including legal practices.

This section will examine the practical application of IQ principles in legal contexts across Nunavut. It will highlight the successes and challenges encountered in merging traditional knowledge with modern legal practices. By understanding this integration, we can appreciate the efforts to create a more inclusive and equitable legal system that honors the rich cultural heritage of the Inuit.

The 2018-2019 annual report from the Legal Services Board (LSB) highlights the essential role of Inuit Qaujimajatuqangit (IQ) principles in shaping its daily operations. Each principle is clearly defined, demonstrating how they are woven into the fabric of the LSB’s practices. The LSB’s commitment to these principles highlights its dedication to building an inclusive legal framework that honors Inuit traditions and enhances service delivery.¹

Pijitsirarniq, or the concept of serving, is fundamental in Inuit culture, emphasizing the individual’s responsibility to others, including colleagues and clients. This principle is rooted in the belief that everyone has a valuable role to play in their workplace and community, contributing to a sense of maturity and well-being. The Legal Services Board (LSB) embraces this commitment by fostering a respectful work environment and prioritizing the provision of legal aid for the common good, ensuring that staff members work collaboratively to support and serve their clients and community effectively.

Collaboration is essential at the Legal Services Board (LSB) to achieve shared goals and objectives. By supporting strong communication skills and a commitment to collective success, all staff are encouraged to contribute actively to the organization and their communities, particularly in supporting the well-being of Inuit in Nunavut. LSB offers legal aid services that help clients navigate challenges such as criminal charges and family breakdowns, aiming to minimize disruptions to their lives. The staff is dedicated to understanding the diverse perspectives within the community and promoting justice processes that facilitate inclusive decision-making.

The concept of skills and knowledge acquisition, or capacity building, is crucial for the success of Inuit in challenging environments. At the Legal Services Board (LSB), staff are expected to build personal capacity through Inuit ways of knowing and doing. Equipping individuals to lead successful, respectful lives is a primary goal for the organization. By enhancing the skills and knowledge of all staff levels, LSB aims to improve service quality for clients throughout the territory. This commitment seeks to benefit individual staff members and also strengthen the overall effectiveness of legal services offered to the community.

The concept of resourcefulness is essential for solving problems through innovative and creative use of resources, as well as demonstrating adaptability in a rapidly changing world. At the Legal Services Board (LSB), staff continually develop this strength across all aspects of daily operations. Resourcefulness is vital for improving how LSB and its regional clinics address challenges within the organization, collaborate with partner agencies, and support clients in the communities served. In areas facing a chronic lack of mental health, addiction, educational, counseling, and crime prevention programs, legal staff must be especially resourceful when devising alternative plans for clients to present in court. This approach seeks to enhance the quality of legal services and also support clients to navigate their circumstances effectively.

The concept of Piliriqatigiingniq, which focuses on collaboration and working toward common goals, is essential for the Legal Services Board (LSB) and its regional clinics to effectively fulfill their mandate. LSB recognizes the need to balance individual rights with the broader community’s needs, ensuring that while individual rights remain a primary focus, they are addressed within a community context. Staff are expected to work toward the common good through collaboration, shared leadership, and volunteerism. Piliriqatigiingniq also encourages supportive behaviors, strong relationship-building, and teamwork, all aimed at achieving positive outcomes for clients and the communities.

The concept of Avatimik Kamattiarniq emphasizes the inherent relationship Inuit have with their environment and the Land. Staff are expected to respect this interconnectedness and demonstrate responsible behaviors that aim to enhance and protect the environment while addressing global challenges to ecological health. By promoting environmental stewardship, LSB encourages actions that reflect the Inuit worldview and commitment to sustainable practices.

In June 2020, the Nunavut Court of Appeal released significant decisions in two cases: R v. Itturiligaq and R v. Ookowt. These rulings addressed the constitutionality of a mandatory minimum sentence of four years for discharging a firearm.

Previously, Justice Earl Johnson and Justice Paul Bychoke ruled that the mandatory minimum sentence was unconstitutional. However, the Court of Appeal overturned this ruling. The prosecution argued successfully in R v. Itturiligaq that too much emphasis had been placed on the principles of Inuit Qaujimajatuqangit (IQ) in sentencing decisions.

The Court acknowledged the vital intersection between IQ and Canadian criminal law, particularly when sentencing Inuit offenders. However, the judges emphasized the need for an evidentiary basis to apply these traditional values appropriately.

This case demonstrates the importance of grounding the application of Inuit Qaujimajatuqangit in evidence and community context. It highlights the necessity of integrating traditional values into the legal process while respecting both Indigenous culture and the rule of law. By ensuring that IQ is applied based on specific community insights and relevant evidence, the legal system can provide more equitable outcomes for Indigenous individuals facing legal challenges.

To effectively integrate Inuit Qaujimajatuqangit (IQ) principles into their practice, lawyers in Nunavut should adopt the following best practices:

1. Engage with the Community:
   • Building relationships with community members and leaders is essential for understanding local issues and cultural practices. Regular engagement grows trust and respect between legal professionals and the community.
2. Collaborate with Elders:
   • Working alongside Elders can provide valuable insights into traditional knowledge and conflict resolution methods. Elders can serve as advisors or mediators in legal matters, ensuring that decisions are culturally appropriate and respected.
3. Promote Restorative Justice:
   • Advocating for restorative justice practices in suitable cases aligns the legal process with IQ principles. Lawyers should familiarize themselves with restorative justice methods and be prepared to propose these alternatives in punitive cases.
4. Cultural Competence:
   • Continuously improving cultural competence through training and education is essential for lawyers practicing in Nunavut. Understanding the cultural context and values of the Inuit people is crucial for providing effective and respectful legal services.

Community involvement is critical to successfully integrating Inuit Qaujimajatuqangit (IQ) principles into the legal system. Insights from Elders, leaders, and youth highlight the importance of IQ in the administration of justice and its broader impact on community well-being.

Elders offer valuable perspectives on incorporating traditional practices into modern legal frameworks, ensuring that the legal system remains connected to the community’s cultural roots. At the same time, engaging with Inuit youth helps make the legal system more responsive to the needs of the younger generation. Youth participation in community justice initiatives also promotes the transmission of IQ principles, ensuring that these values continue to guide the community in the future.

By involving Elders and youth, the integration of IQ fosters a more inclusive and culturally relevant approach to justice, reinforcing and growing trust and cooperation between the legal system and the community.

The Intersection of IQ and Gladue
In ethical decision-making within the legal system, both Inuit Qaujimajatuqangit (IQ) principles and the Gladue principle offer essential frameworks to create a more inclusive and just legal process in Nunavut. These frameworks seek to ensure that legal decisions are rooted in fairness and respect for cultural values while considering systemic factors that may affect Indigenous offenders.³

1. Gladue Principle and its Impact:
   • Established through the Supreme Court of Canada’s 1999 decision in R. v. Gladue, the principle requires judges to consider the unique systemic factors, such as colonialism and intergenerational trauma, that may have contributed to an Indigenous offender’s circumstances. The principle emphasizes restorative justice and alternatives to imprisonment, aligning well with the IQ principle of Aajiiqatigiinniq (consensus building), which focuses on collaborative decision-making for the betterment of the community.
2. Culturally Informed Sentencing:
   • Similar to how IQ values stress the importance of involving Elders and community members in decision-making, the Gladue principle recognizes the broader definition of “community” and encourages the use of Gladue reports. These reports provide comprehensive background information about the offender’s life circumstances, helping the courts to understand their unique challenges and to make informed decisions about appropriate sanctions.
3. Addressing Systemic Inequities:
   • The Gladue principle brings to light the systemic factors that have disproportionately affected Indigenous peoples, such as poverty, addiction, and the legacy of residential schools during court processes. By integrating this awareness into the legal framework, decisions can be made in a way that aligns with the IQ value of Inuuqatigiitsiarniq (respect and caring), ensuring that Indigenous offenders are treated with dignity and fairness, with consideration for their lived experiences.
4. Challenges in Application:
   • In Nunavut, however, the practical application of Gladue reports faces obstacles, as the territory lacks qualified Gladue report writers. Chief Justice Neil Sharkey comments on this saying, “to date, the government of Nunavut has not implemented a program to connect Indigenous offenders with knowledgeable Gladue writers.”⁴ This gap highlights the need for increased resources and training to effectively implement the Gladue principle, ensuring that Indigenous offenders in Nunavut receive the same considerations as those in other parts of Canada.