Treaties, Traditional Land Use, and AAROMs

Transcription

1 Treaties, Traditional Land Use, and AAROMs Ken Paul Director of Fisheries and Integrated Resources Atlantic Datastream Kickoff Halifax, NS June 5, 2018

2 What is a Treaty? A formal agreement between two or more Nation states in reference to peace, alliance, commerce or international relations aka Treaties of Peace and Friendship Atlantic Policy Congress of First Nations Chiefs Secretariat (APC) 2

3 Maliseet and Mi kmaq communities and Wolastoqkew Atlantic Policy Congress of First Nations Chiefs Secretariat (APC) 3

4 Who are Aboriginal Peoples? Constitution Act 1982 Note: There is no legal definition for Indigenous peoples in Canadian law. Atlantic Policy Congress of First Nations Chiefs Secretariat (APC) 4

5 Section 35 the Empty Box Federal Policy for the Settlement of Aboriginal Land Claims states: an Aboriginal group is and was an organized society the traditional use and occupancy of the territory must have been sufficient to be an established fact at the time of assertion of sovereignty by European nations the Aboriginal group can demonstrate some continuing current use and occupancy of the land for traditional purposes 5 Source: INAC

6 Traditional Land Use Traditional land use studies are methods to establish occupancy Methodology can be interviews, but must follow a process is critical 6 Chief Kerry s Moose a guidebook to land use and occupancy mapping, research design and data collection BC Indian Chiefs and Ecotrust Canada

7 R. v. Marshall (1999) Based on the Treaty of , the Supreme Court of Canada ruled: Donald Marshall Jr had a Treaty Right to commercially fish for a moderate livelihood the right can be limited if there is a threat to public safety or a threat to ecology sustainability (i.e. there is a need for management plans) Donald Marshall Jr Atlantic Policy Congress of First Nations Chiefs Secretariat (APC) 7

8 Intellectual Property Rights IPR evolved from Property Rights. Deal with trademarks, proprietary info, copyrights, etc. Indigenous Knowledge cannot be protected under IPR laws IK is communal property, not individual property Protecting Indigenous Knowledge and Heritage Marie Battiste and James Sa ke j Henderson 8

9 How is traditional knowledge defined? Traditional knowledge refers to the knowledge, innovations and practices of indigenous and local communities around the world. Developed from experience gained over the centuries and adapted to the local culture and environment, traditional knowledge is transmitted orally from generation to generation. - Convention on Biological Diversity (CBD) 9 Traditional knowledge (TK) is knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity. - World Intellectual Property Organization (WIPO)

10 Indigenous Knowledge System Traditional vs. Indigenous 2. Knowledge vs. knowledge system 3. What you know vs. what you do and how you know i.e. ways of knowing A system based on values

11 Aboriginal Aquatic Resources and Oceans Management (AAROM) Another outcome of the Marshall Decision - creation of AAROMs Based on Eskasoni Fish and Wildlife Commission Science-based, apolitical, watershed-based on the Bras d Or Lakes in Cape Breton Used as the model of the AAROM program Serve as the science and tech for Atlantic FN Currently 35 AAROMs, representing 258 Indigenous communities across Canada Atlantic Policy Congress of First Nations Chiefs Secretariat (APC) 11 Charlie Dennis Past Executive Director of the EF&WC See: National Indigenous Fisheries Institute

12 AAROM Groups in Atl Region The APC works with the following Atlantic AAROM bodies and their member communities: Association de gestion halieutique autochtone Mi kmaq et Malécite (AGHAMM) / Mi kmaq Maliseet Aboriginal Fisheries Management Association (MMAFMA) - QC Anquotum Resource Management - NB Gespe'gewaq Mi'gmaq Resource Council (GMRC) NB & QC Maliseet Nations Conservation Council (MNCC) - NB Mi kmaq Alsumk Mowimsikik Koqoey Association (MAMKA) - NL Mi kmaq Confederacy of PEI (MCPEI) Mi kmaw Conservation Group (MCG) - NS Unama ki Institute of Natural Resources (UINR) - NS 12 Others are AMIK (Innu QC) and MAARS (Native Council)

13 Two-eyed Seeing 13 Concept developed by: Albert and Murdena Marshall with Dr. Cheryl Bartlett Respect western science and indigenous knowledge Towards achieving the best possible science Check out the Institute for Integrated Science & Health

14 Questions 14 Ken Paul Phone: (902)