We writers are always talking about the importance of stories. Of the ways in which stories reflect a culture back to itself – for teaching, for entertainment, for the record. For thoughtful commentary. So we’re always tickled to find anyone who agrees. Especially a couple of law professors. Of course common law is really based on old stories, so I guess it makes a kind of sense.
In “Indigenous Law and Legal Pluralism”, Val Napoleon and Hadley Friedland illustrate ways in which indigenous legal traditions can be respectfully accessed by “applying legal analysis and synthesis to … stories, narratives, and oral histories.” (Napoleon and Friedland are part of a movement trying to build a bridge between indigenous and western legal traditions. Val is the director of the Indigenous Law Research Unit at UVic; Hadley was its research director until last year.)
The article opens by quoting George Blondin from When the World was New: Stories of the Sahtu Dene:
It used to be that every family with a living grandfather or grandmother possessed a storyteller from another time. The duty of storytellers was to tell stories every day. That is why Dene tradition is so complete, as far back as the days when [Naá]cho–giant now-extinct animals–roamed the world.
Over the years, we have heard many stories from the Driftwood watershed. The year Cronin mine mailman Joe Pekoe was killed in an avalanche. Other men killed in sawmill accidents. The time Katherine Harvey stole her husband Peavine’s chimney from his cabin beside his mine workings because she and their son Gordon had run out of money. Instead of coming home, he had her charged with theft and she spent the winter in jail in Vancouver (this may be apocryphal as there’s also a story about him breaking an arm and Katherine using a stove pipe for a splint). The time two women stood outside the foreman’s cabin in Silverking Basin at night at 30 below, their ski boots in their hands, ready to depart because they got the old airtight burning so hot it was a reverberating bright red.
Hadley and Val conclude “Indigenous Law” with a reference to a statement in Harold Norman’s article, “Crow Ducks and Other Wandering Talk”. Creek elder John Rains saw ten dead and mangled crows on the snow in the bush: “Some story will come along and find those crows, and use them,” he said.
To the Cree, stories are animate beings. One could tell a biography of a single Cree story (which would be a story in itself) just as one could tell the natural history of an animal. In this respect, one could ask, What do stories do when they are not being told? Do they live in villages? Some Cree say they do. Do they tell each other to each other? Some Cree say this is true as well. Certain stories live out in the world, looking for episodes to add to themselves. Therefore, we can understand John Rains’ belief that eventually a story would find the torn crows. Later that story would find a Cree person, inhabit that person awhile, and be told back out into the world again.
What a tantalizing concept for a writer! Stories do seem to find themselves, to create themselves and some of us are lucky enough (or not) to be inhabited by them. Think of the possibilities.
Now think of all that stories that might find their way into the creek: the water running, slipping and sliding down, down, down as it always does, some splashed up into the air, some going down your thirsty throat, some pausing in a back eddy or a quiet pool. It parts and connects, parts and connects in a most lively manner. Think of the stories swirling down its path to find their way out into the world.
The time our neighbour, in the wild spring freshet, launched his canoe, paddled down to the fossil beds, and survived. You’ve heard that expression, three sheets to the wind? Years later, we found a half-crushed canoe beside the creek. Not his, he swears. I still have a piece of it my office. Now I know why I’ve kept it all these years. I’m waiting for its story to stop by and pick it up.
Think of the gossip in every back eddy.
Did you see the moose stumble and fall? Ah yes, that moose is nothing but bones now and see, here comes a trickle of its blood. Did you see us tear that bridge right off its footings? Oh yes, we shoved it right up against that house, they were all asleep and we scared them silly. Remember those kids throwing rocks for the big red dog, how he scrabbled to retrieve them? The mud he churned up? Well, here he comes, look out!
And swoosh, those molecules of hydrogen and oxygen are thrown back into the melee, molecules that held shape and form in three dimensions, snow that held a preening whiskey jack, snow that was eaten and pissed out by goats, by moose, by thirsty skiers and sawyers.
Remember, says the muddy stream, thick with memories, carrying a spruce branch drunken with sorrow, travelling together long enough to tell about the mittens snagged on the branch, the smell of wet wool bringing back the spruce’s memory of the sawyer stripping off his shirt in the heat of the work and tossing it down on top of the tree when it was barely bigger than a twig, and now the branch is useless, no needles, no purpose, a forgotten vestige broken off in a skier’s passing, dropped onto the snow on top of the ice and here it is telling the creek about the smell of horses, of diesel and the cries of working men.
And this time of year, the whole world, it seems, is dripping and melting and water is trickling, burbling, sending little creeks running through the woodshed, under the deck, down into the garden, into the pond, under the road and into the still half-frozen creek. Past the old spruce tree where raucous crows are nesting. Everywhere, winter stories looking for a home.
The stories I miss – the ones I hear only as rumours – are Wet’suwet’en stories: rumours of sacred places, of marmot hunts, of goats, of the vanished caribou. C’ide’ Yïkwah or Driftwood Creek marks the division between two territories, that of Wos of the Gidimt’en Clan and that of Ut’akhgit of the Likhsilyu Clan, a name currently held by Henry Alfred. You know it carries many stories. It’s time to listen up.
“Indigenous Law and Legal Pluralism” appears in a special issue of the McGill Law Journal, 61:4.