Principles for the development of the Indigenous Knowledge Policy Framework
This information was provided by the Indigenous Advisory Sub-Committee on Indigenous Knowledge to inform the development of the Interdepartmental Indigenous Knowledge Policy Framework.
1. Defining Indigenous Knowledge
Defining Indigenous Knowledge both in general terms, and in the context of project reviews and regulatory decisions.
- Adopt a comprehensive definition of Indigenous Knowledge (IK) that recognizes Indigenous Knowledge Systems as dynamic and continue to evolve over time.
- Recognize that IK is collectively held and verified.
- IK Research that sets the community context must be led and conducted by the community rather than proponents or government.
- Wherever IK is to be defined, collected, and interpreted, Indigenous communities must have the opportunity to conduct the research themselves and/or with researchers of their choice.
2. Respect and Partnership
Respect for Indigenous knowledge and Indigenous communities’ process and protocols, and the need for more collaboration and partnership between Indigenous groups, governments and proponents.
- Indigenous ways of knowing and cultural context must be reflected in assessments and regulatory processes.
- Respect IK and the various forms it may take, and observe Indigenous laws, and governance when working with and collecting IK.
- Early engagement in IK baseline studies for project-specific assessment, including flexible and adequate timelines, taking into account community capacities, logistical requirements (e.g., remote and dispersed populations), and availability (e.g., that may differ by season).
- The collection and use of IK must follow guidance provided by communities and adhere to best practices in IK research.
- The Agency should craft Federal guidance to complement and supplement community guidance.
- Indigenous peoples must be the party responsible for identifying who provides and verifies IK, and how permissions are obtained.
3. Inclusion of Indigenous knowledge
Key elements of effective inclusion of Indigenous knowledge.
- Indigenous peoples and IK must be included in all aspects of the project lifecycle, from project planning to monitoring and remediation.
- To ensure that IK is properly understood and included in IA, Indigenous communities and knowledge holders must have the opportunity to be involved in all stages of project reviews and regulatory decisions, including.
- How IK is being used in the IA process must be explicit and transparent, including in how it is interpreted and reflected in decision-making.
- Indigenous knowledge must be considered equally alongside Western Science in ways that are respectful, maintain the integrity and context of IK, and enable equal collaboration.
- The determination of thresholds and impacts must be determined by Indigenous peoples, especially when the potential impacts and evidence may be less tangible (e.g., impacts on rights, knowledge transfer, etc.).
- Ensure that IK described by proponents or the Agency has been validated, ideally with both community leadership and community members.
- Agreements between Indigenous peoples and the proponent/Agency on IK must include mechanisms to avoid the misuse of IK and consequences for inappropriate use (including violations of confidentiality and improper disclosure).
- Parties working with IK must provide a clear and detailed research plan to be validated by communities prior to undertaking an IK study to ensure that ethical processes are followed.
4. Protection and confidentiality
The importance of consent-based processes and of preventing unauthorized disclosure of Indigenous knowledge.
- Individuals and communities providing IK will be fully informed regarding the conditions under which IK may be disclosed prior to providing consent.
- The consent of Indigenous peoples to provide IK must be explicit and not assumed.
- Proponents, the Agency, and consultants cannot assume that participation or attendance (e.g., sign-in at an informational meeting) equates to consent.
- Intellectual property rights as they pertain to IK may be co-located; the individual continues to own the rights of their own information and the community owns the rights to IK provided to them by community members.
- Indigenous knowledge provided in one context cannot be used for another context without permission of the appropriate rights holder(s), including after the IA process is complete.
- Individuals do not require permission of leadership to share their own IK, however, IK provided by one individual cannot be assumed to inherently represent IK that is collectively held.
- Communities should determine how IK can be presented publicly (if necessary), including the format and level of detail.
- Communities should be able to retract IK and the use of IK at any time in an IA process.
- Individuals and communities will be fully informed regarding the risks and potential consequences of not providing IK in an IA process.
- Have Indigenous representation on review panels, committees, and at the Agency to increase the likelihood that IK will be included appropriately in IA.
5. Capacity building
Supporting Indigenous peoples for the collection, management and storage of Indigenous knowledge and ensuring that the Government has the capacity to engage with Indigenous peoples regarding Indigenous knowledge.
- The Agency and proponents must provide generous and stable funding to communities in order to build and sustain IK capacity (e.g., collection, management, and storage).
- Provide adequate time and implement flexible timelines for Indigenous communities to collect and communicate IK in regulatory processes.
6. Practical Considerations
- Engage and involve National Indigenous Organizations (e.g., AFN) to assist individual Nations and communities to develop their own IK policies that can facilitate project-specific IA processes.
- Ensure that proponents and governments and their representatives are trained to understand, work with, and interpret IK appropriately and in context.
- Allow Indigenous communities to self-identify as potentially impacted by a proposed development in addition to using proximity to project sites to determine which communities are involved in an IA.
- Treat the Indigenous Knowledge Policy Framework as a living document that is subject to regular review and updating based on community feedback.
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