Incorporating the Familiar: An Investigation into Legal Sensibilities in Nunavik

David Mardiros is a lawyer and anthropological consultant in Terrace,
British Columbia.

Incorporating the Familiar examines the operation of the criminal
justice system in northern Quebec. Beginning with a brief history of the
imposition of the Euro-Canadian justice system on northern Quebec and
recent attempts to mitigate its more disastrous consequences, the book
presents an interesting case study of the problems that result when the
criminal justice system of the dominant society tries to incorporate
elements of an aboriginal justice system of which it has little
understanding. “Sentencing circles” and “healing circles” have
become well established in remote areas throughout Canada as a way in
which the criminal justice system tries to accommodate Native
perspectives. By moving beyond the generalities that have characterized
most analyses of “community based justice initiatives” and the
invariably monolithic and static view of communities that are usually
presented, this book provides a useful counterpoint to much of the
current literature that speaks so glowingly of initiatives that, as the
author points out, often come from the outside, receive very little
actual community input and support, and, in some cases, serve to
reinforce inequities and inequalities rather than provide healing or
reconciliation.

The book is based on the author’s work toward a joint degree in law
and social work, and its theoretical content will not have particular
resonance for a general audience. The numerous quotations from
Wittgenstein are particularly jarring and ironic when one of the stated
aims of the book is to reflect on problems of cross-cultural
communication. Drummond’s analysis refreshingly provides insights into
the tensions within Native communities that have often been glossed over
in other studies emphasizing “community” viewpoints as opposed to
the perspectives of individual victims, offenders, community leaders,
and others involved in the process. Incorporating the Familiar serves as
a critical departure from much of the previous literature on
community-based justice initiatives and circle sentencing. It will be
useful to those with an interest in legal pluralism and the design of
justice initiatives that will better accommodate the needs of Native
communities.