Steven Newcomb: Court describes Native activities as 'parasitic'

Court decisions in the United States and Canada regarding Indians are full of metaphors which are accorded the honorific labels “law” and “legal.” I recently came across a graphic example of metaphor in the 1997 Supreme Court of Canada decision Delgamuukw v. British Columbia (formally titled, “Her Majesty The Queen in Right of the Province of British Columbia”).

The language of the court is instructional with regard to the judicial use of metaphors. At one point, the court said the following:

Aboriginal title is a right to the land itself. That land may be used, subject to the inherent limitations of aboriginal title, for a variety of activities, none of which need be individually protected as aboriginal rights under s. 35(1) [of the Constitution of Canada]. Those [aboriginal] activities are parasitic on the underlying title. [emphasis added]

Let’s read that again with the help of some bracketed information: “Those [aboriginal] activities are parasitic on the underlying title [of the Crown].” Parasitic means, “Having the nature of a parasite: fawning for food or favors: SPONGING, SYCOPHANTIC.” Fawning gives us, “servilely abject.” Because of its detailed definition, the word “abject” deserves its own paragraph so as to get a better sense of the some meanings being applied by the Supreme Court of Canada to Original Nations and Peoples:

sunk to or existing in a low state or condition; cast down in spirit : without spirit or pride : SERVILE; unrelieved by any sign of independence, courage, or originality : showing utter resignation : HOPELESS. obs. : to cast off or out REJECT.

The term “sponging” indicates that the Original Nations and Peoples of Great Turtle Island are “sponging” off the Crown’s “underlying” title in a parasitic manner. Sponge in this context is, “one who lives upon others: a persistently idle or lazy dependent : SPONGER.” A parasite is defined variously, but a main meaning is “an organism living in or on another living organism.” The Concise Oxford Thesaurus (1997) gives us “leech” and “bloodsucker” and “freeloader” as synonyms.