74 Kelly Bannister
Action (Truth and Reconciliation Commission of Canada, 2015), adoption of
UNDRIP in 2010 and passing of Bill C-15: United Nations Declaration on the
Rights of Indigenous Peoples Act in 2021. Even prior to UNDRIP becoming
law, the federal government articulated a clear moral commitment to achieving reconciliation with Indigenous peoples through renewed Indigenous-crown
relationships “based on recognition of rights, respect, co-operation, and partnership as the foundation for transformative change” by adopting Principles respecting the Government of Canada’s relationship with Indigenous peoples (Government of
Canada, 2018).
These principles are rooted in existing Aboriginal and treaty rights in Section
35 of Canada’s Constitution Act 1982 (Part II: Rights of the Aboriginal P eoples
of Canada), guided by UNDRIP (2007), and informed by both the TRC Calls
to Action (Truth and Reconciliation Commission of Canada, 2015) and the
Report of the Royal Commission on Aboriginal Peoples (Canada & Royal
Commission on Aboriginal Peoples (RCAP), 1996). RCAP was established by
the federal government in 1991 and concluded in 1996 with a 5-volume report
consisting of 4,000 pages and 440 recommendations, including Ethical Guidelines for Research that was sponsored by RCAP (Canada & Royal Commission
on Aboriginal Peoples (RCAP), 1993). The RCAP report called for extensive
changes to the relationship between Indigenous and non-Indigenous people
and governments in Canada, and focused on the vision of a “new relationship”,
founded on the recognition of Indigenous peoples as self-governing Nations
within Canada (Canada & Royal Commission on Aboriginal Peoples (RCAP),
1996).
Essentializing Indigenous Community Protocols
Amid Canada’s current “age of reconciliation” and especially given new legislation that enshrines UNDRIP in law, Indigenous community protocols serve
a vital role in informing government, academic, educational, non-profit and
industry sectors about specific cultural and place-based rights, responsibilities
and relationships of Indigenous peoples with respect to their traditional lands,
airs and waters, including the biodiversity within these places. Indigenous community protocols are increasingly recognized as the appropriate starting place for
establishing respectful research, environmental monitoring and resource development projects and partnerships with Indigenous communities.
Federal government policies are pointing to Indigenous community protocols
as essential tools in respecting Indigenous self-determination and fostering collaborative working relations. For example, the Policy on Scientific and Indigenous
Knowledge Integrity of Crown-Indigenous Relations and Northern Affairs Canada
(2019) states:
Crown-Indigenous Relations and Northern Affairs Canada will adhere to
Indigenous Knowledge protocols that have been developed by Indigenous
Action (Truth and Reconciliation Commission of Canada, 2015), adoption of
UNDRIP in 2010 and passing of Bill C-15: United Nations Declaration on the
Rights of Indigenous Peoples Act in 2021. Even prior to UNDRIP becoming
law, the federal government articulated a clear moral commitment to achieving reconciliation with Indigenous peoples through renewed Indigenous-crown
relationships “based on recognition of rights, respect, co-operation, and partnership as the foundation for transformative change” by adopting Principles respecting the Government of Canada’s relationship with Indigenous peoples (Government of
Canada, 2018).
These principles are rooted in existing Aboriginal and treaty rights in Section
35 of Canada’s Constitution Act 1982 (Part II: Rights of the Aboriginal P eoples
of Canada), guided by UNDRIP (2007), and informed by both the TRC Calls
to Action (Truth and Reconciliation Commission of Canada, 2015) and the
Report of the Royal Commission on Aboriginal Peoples (Canada & Royal
Commission on Aboriginal Peoples (RCAP), 1996). RCAP was established by
the federal government in 1991 and concluded in 1996 with a 5-volume report
consisting of 4,000 pages and 440 recommendations, including Ethical Guidelines for Research that was sponsored by RCAP (Canada & Royal Commission
on Aboriginal Peoples (RCAP), 1993). The RCAP report called for extensive
changes to the relationship between Indigenous and non-Indigenous people
and governments in Canada, and focused on the vision of a “new relationship”,
founded on the recognition of Indigenous peoples as self-governing Nations
within Canada (Canada & Royal Commission on Aboriginal Peoples (RCAP),
1996).
Essentializing Indigenous Community Protocols
Amid Canada’s current “age of reconciliation” and especially given new legislation that enshrines UNDRIP in law, Indigenous community protocols serve
a vital role in informing government, academic, educational, non-profit and
industry sectors about specific cultural and place-based rights, responsibilities
and relationships of Indigenous peoples with respect to their traditional lands,
airs and waters, including the biodiversity within these places. Indigenous community protocols are increasingly recognized as the appropriate starting place for
establishing respectful research, environmental monitoring and resource development projects and partnerships with Indigenous communities.
Federal government policies are pointing to Indigenous community protocols
as essential tools in respecting Indigenous self-determination and fostering collaborative working relations. For example, the Policy on Scientific and Indigenous
Knowledge Integrity of Crown-Indigenous Relations and Northern Affairs Canada
(2019) states:
Crown-Indigenous Relations and Northern Affairs Canada will adhere to
Indigenous Knowledge protocols that have been developed by Indigenous