ABORIGINAL TRADITIONAL KNOWLEDGE

AND THE SPECIES AT RISK ACT

OCTOBER 10th 2012

Prepared by Michael d’Eça, Legal Counsel to the Nunavut Wildlife Management Board

OVERVIEW:

1. WHAT IS “ABORIGINAL TRADITIONAL KNOWLEDGE” (ATK);

2. A BRIEF REVIEW OF THE RECOGNITION OF ATK IN LAW;

OVERVIEW:

3. THE ROLE OF ATK IN THE SPECIES AT RISK ACT (SARA);

4. TWO SARA EXAMPLES OF SUCCESSFUL COLLABORATION BETWEEN SCIENCE AND ATK; AND

5. SARA AND ATK - TAKING STOCK.

WHAT IS ABORIGINAL TRADITIONAL KNOWLEDGE?

♦ ATK REFERS TO ALL TYPES OF INFORMATION RELATING TO THE ENVIRONMENT DERIVED FROM THE EXPERIENCE AND TRADITIONS OF ABORIGINAL PEOPLE.

FOUR CATEGORIES OF ATK:

1. FACTUAL/RATIONAL KNOWLEDGE ABOUT THE ENVIRONMENT;

2. FACTUAL INFORMATION ABOUT PAST AND CURRENT USE OF THE ENVIRONMENT, ON A BROADER GEOGRAPHICAL AND TEMPORAL SCALE;

FOUR CATEGORIES OF ATK:

3. VALUES ABOUT THE ENVIRONMENT – HOW THINGS SHOULD BE, WHAT IS PROPER TO DO, HOW TO BEHAVE TOWARDS ANIMALS AND THE ENVIRONMENT (ATK VALUES); AND

4. A SPECIFIC ABORIGINAL CULTURALLY-BASED FOUNDATION FOR THE WHOLE KNOWLEDGE SYSTEM – WHY THINGS ARE THE WAY THEY ARE (ATK BELIEFS).

RECOGNITION OF ATK IN LAW: BIODIVERSITY CONVENTION

♦ ARTICLE 8: RESPECT, PRESERVE AND MAINTAIN INDIGENOUS KNOWLEDGE, INNOVATIONS AND PRACTICES, AND PROMOTE THEIR WIDER APPLICATION.

RECOGNITION OF ATK IN LAW: UN DECLARATION ON THE RIGHTS

OF INDIGENOUS PEOPLES

♦ “INDIGENOUS PEOPLES HAVE THE RIGHT TO MAINTAIN, CONTROL, PROTECT AND DEVELOP THEIR … TRADITIONAL KNOWLEDGE… STATES SHALL TAKE EFFECTIVE MEASURES TO RECOGNIZE AND PROTECT THE EXERCISE OF THESE RIGHTS. [ARTICLE 31]”

RECOGNITION OF ATK IN LAW: FEDERAL LAW

♦ SINCE 1992, THE FEDERAL GOVERNMENT HAS PASSED OR AMENDED AT LEAST NINE ENVIRONMENTAL STATUTES, EXPLICITLY ADDRESSING THE CONSIDERATION OF ATK.

♦ THE SPECIES AT RISK ACT IS THE MOST PROMINENT AND HIGHLY DEVELOPED OF THOSE STATUTES.

ROLE OF ATK IN THE SPECIES AT RISK ACT:

♦ “THE ROLES OF THE ABORIGINAL PEOPLES OF CANADA AND OF WILDLIFE MANAGEMENT BOARDS …IN THE CONSERVATION OF WILDLIFE IN THIS COUNTRY ARE ESSENTIAL…(PREAMBLE)”;

ROLE OF ATK IN THE SPECIES AT RISK ACT:

♦ “THE TRADITIONAL KNOWLEDGE OF THE ABORIGINAL PEOPLES OF CANADA SHOULD BE CONSIDERED IN THE ASSESSMENT OF WHICH SPECIES MAY BE AT RISK AND IN DEVELOPING AND IMPLEMENTING RECOVERY MEASURES… (PREAMBLE)”;

ROLE OF ATK IN THE SPECIES AT RISK ACT:

♦ “COSEWIC MUST CARRY OUT ITS FUNCTIONS ON THE BASIS OF THE BEST AVAILABLE INFORMATION ON THE BIOLOGICAL STATUS OF A SPECIES, INCLUDING… ABORIGINAL TRADITIONAL KNOWLEDGE (S.15(3))”; AND

♦ “COSEWIC MUST ESTABLISH … A

SUBCOMMITTEE SPECIALIZING IN ABORIGINAL TRADITIONAL KNOWLEDGE... (S.18(1))”

ROLE OF ATK IN THE SPECIES AT RISK ACT:

♦ THE MINISTER MUST PREPARE EACH MANAGEMENT PLAN, RECOVERY STRATEGY AND ACTION PLAN IN COOPERATION WITH EVERY DIRECTLY AFFECTED ABORIGINAL ORGANIZATION (S.39(1)(d), S.48(1)(d) and S.66(1)(d)).

SUCCESS STORIES:

♦ INUIT BOWHEAD KNOWLEDGE STUDY (1995-1997):

♦ CONCLUSIONS VERIFIED BY DFO SURVEYS (2002-2004); AND

♦ NWMB MANAGEMENT AND COSEWIC ASSESSMENT RESPONSES (2008-2009).

SUCCESS STORIES:

♦ POLAR BEAR: EXTENSIVE ATK INPUT CONTRIBUTED TO A SARA LISTING OF SPECIAL CONCERN RATHER THAN THREATENED.

SARA AND ATK - TAKING STOCK:

♦ JULY 2006 STRATOS REPORT: THE FEDERAL GOVERNMENT IS FALLING SHORT IN ITS EFFORTS TO ENSURE EFFECTIVE AND COLLABORATIVE ABORIGINAL INVOLVEMENT IN SARA.

SARA AND ATK - TAKING STOCK:

♦ “A PARTICULAR ISSUE THAT NEEDS TO BE RESOLVED IS WHERE THE RESOURCES FOR THE COLLECTION AND COMPILATION OF ABORIGINAL TRADITIONAL KNOWLEDGE WILL COME FROM...”

SARA AND ATK - TAKING STOCK:

♦ SARA DOES NOT ADEQUATELY ADDRESS THE VITAL NEED FOR ATK IN STEWARDSHIP, MANAGEMENT, PROTECTION AND RECOVERY EFFORTS FOR SPECIES AT RISK.

♦ MARCH 2008 STATUS REPORT OF THE

COMMISSIONER OF THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT: GOVERNMENT IS FAR BEHIND IN DEVELOPING RECOVERY STRATEGIES AND IDENTIFYING CRITICAL HABITATS.

SARA AND ATK - TAKING STOCK:

♦ AS OF 2008, 425 SPECIES LISTED, WITH 104 RECOVERY STRATEGIES, 1 ACTION PLAN AND 3 MANAGEMENT PLANS COMPLETED.

♦ AS OF MAY 2012, 225 ADDITIONAL SPECIES

LISTED (650 TOTAL).

SARA AND ATK - TAKING STOCK:

♦ TREASURY BOARD’S ESTIMATED 2000/01 TO 2011/12 BUDGET TO IMPLEMENT SARA: $863 MILLION.

♦ 2004/05 TO 2011/12 TOTAL FUNDING DISBURSED

THROUGH THE ABORIGINAL FUNDS FOR SPECIES AT RISK PROGRAM: $13 MILLION.

♦ ANNUAL BUDGET (STARTING SEPTEMBER 2005) FOR THE NATIONAL ABORIGINAL COUNCIL ON SPECIES AT RISK: $1 MILLION.

RECOMMENDATIONS TO STRENGTHEN THE

IDENTIFICATION, PROTECTION AND RECOVERY OF SPECIES AT RISK

October 10th 2012

NUNAVUT WILDLIFE MANAGEMENT BOARD

RECOMMENDATION 1:

1. THE GOVERNMENT OF CANADA – IN COLLABORATION WITH RELEVANT ABORIGINAL AND LAND CLAIM AUTHORITIES - DEVELOP AND IMPLEMENT AN ABORIGINAL ENGAGEMENT POLICY FOR THE SPECIES AT RISK ACT.

RECOMMENDATION 2:

2. THE GOVERNMENT OF CANADA – IN COLLABORATION WITH RELEVANT ABORIGINAL AND LAND CLAIM AUTHORITIES - ESTABLISH AN ABORIGINAL TRADITIONAL KNOWLEDGE INSTITUTE TO:

♦ PROMOTE A WIDER UNDERSTANDING OF THE

NATURE AND VALUE OF ATK; ♦ ASSIST IN ESTABLISHING BEST PRACTICES IN

ACCESSING, CONSIDERING AND RELYING UPON ATK.

RECOMMENDATION 2:

♦ ENSURE THAT THE ATK OF CURRENT ELDERS IS PRESERVED DURING THEIR LIFETIMES;

♦ DEVELOP AND MAINTAIN AN ATK DATABASE AND

AUDIO AND VIDEO LIBRARY; ♦ SERVE AS A FORUM FOR NECESSARY DIALOGUE

AND COLLABORATION – HOLD SCIENCE-ATK MEETINGS, WORKSHOPS, COLLOQUIA AND SYMPOSIA;

RECOMMENDATION 2:

♦ FACILITATE ACCESS TO THE BEST AVAILABLE ATK AND THE INCORPORATION OF THAT KNOWLEDGE INTO STEWARDSHIP, MANAGEMENT, PROTECTION AND RECOVERY MEASURES FOR SPECIES AT RISK; AND

♦ FACILITATE AND, WHERE NECESSARY,

PARTICIPATE – THROUGH RELIANCE UPON LOCAL HOLDERS OF ATK – IN THE GATHERING OF ATK IN THE STEWARDSHIP, MANAGEMENT, PROTECTION AND RECOVERY OF SPECIES AT RISK.

RECOMMENDATION 3:

3. IMPLEMENT THE FOLLOWING MODIFICATIONS TO SARA, TO ENSURE THE INCLUSION OF THE BEST AVAILABLE ATK IN MANAGEMENT PLANS AND RECOVERY STRATEGIES FOR SPECIES AT RISK:

RECOMMENDATION 3: RECOVERY STRATEGIES

♦ SUBSECTION 41(1)(c): “AN IDENTIFICATION OF THE SPECIES’ CRITICAL HABITAT, TO THE EXTENT POSSIBLE, BASED ON THE BEST AVAILABLE INFORMATION, INCLUDING SCIENTIFIC KNOWLEDGE, COMMUNITY KNOWLEDGE, ABORIGINAL TRADITIONAL KNOWLEDGE AND THE INFORMATION PROVIDED BY COSEWIC, AND EXAMPLES OF ACTIVITIES THAT ARE LIKELY TO RESULT IN ITS DESTRUCTION;”

RECOMMENDATION 3: RECOVERY STRATEGIES

♦ SUBSECTION 41(1)(d): “A STATEMENT OF THE POPULATION AND DISTRIBUTION OBJECTIVES THAT WILL ASSIST THE RECOVERY AND SURVIVAL OF THE SPECIES, AND A GENERAL DESCRIPTION OF THE SCIENTIFIC AND ABORIGINAL TRADITIONAL KNOWLEDGE RESEARCH AND MANAGEMENT ACTIVITIES NEEDED TO MEET THOSE OBJECTIVES;” AND

RECOMMENDATION 3: MANAGEMENT PLANS

♦ SECTION 65: “IF A WILDLIFE SPECIES IS LISTED AS A SPECIES OF SPECIAL CONCERN, THE COMPETENT MINISTER MUST PREPARE A MANAGEMENT PLAN FOR THE SPECIES AND ITS HABITAT, BASED ON THE BEST AVAILABLE INFORMATION, INCLUDING SCIENTIFIC KNOWLEDGE, COMMUNITY KNOWLEDGE AND ABORIGINAL TRADITIONAL KNOWLEDGE. THE PLAN MUST INCLUDE MEASURES FOR THE CONSERVATION OF THE SPECIES THAT THE COMPETENT MINISTER CONSIDERS APPROPRIATE AND IT MAY APPLY TO MORE THAN ONE WILDLIFE SPECIES.”

RECOMMENDATION 4:

4. IN RESPONSE TO THE CONCERNS EXPRESSED BY THE STRATOS REPORT AND THE COMMISSIONER OF THE ENVIRONMENT AND SUSTAINABLE DEVELOPMENT, REVIEW AND INCREASE AS NECESSARY THE SARA BUDGET FOR THE COLLECTION, COMPILATION AND APPLICATION OF ATK , AS WELL AS FOR THE OPERATIONS OF THE ATK INSTITUTE.