Engaging Respectfully with Indigenous Knowledges

This paper contributes to building respectful relationships between Indigenous (First Nations, Métis, and Inuit) peoples and Canada's cultural memory institutions, such as libraries, archives and museums, and applies to knowledge repositories that hold tangible and intangible traditional knowledge. The central goal of the paper is to advance understandings to allow cultural memory institutions to respect, affirm, and recognize Indigenous ownership of their traditional and living Indigenous knowledges and to respect the protocols for their use. This paper honours the spirit of reconciliation through the joint authorship of people from Indigenous, immigrant, and Canadian heritages. The authors outline the traditional and living importance of Indigenous knowledges; describe the legal framework in Canada, both as it establishes a system of enforceable copyright and as it recognizes Indigenous rights, self-determination, and the constitutional protections accorded to Indigenous peoples; and recommend an approach for cultural memory institutions to adopt and recognize Indigenous ownership of their knowledges, languages, cultures, and histories by developing protocols with each unique Indigenous nation.

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Engaging Respectfully with Indigenous Knowledges Copyright, Customary Law, and Cultural Memory Institutions in Canada

10.32920/15138186 ◽

2021 ◽

Author(s):

Ann Ludbrook ◽

Victoria Owen ◽

Kim Nayyer ◽

Camille Calliston

Keyword(s):

First Nations ◽

Cultural Memory ◽

Indigenous Rights ◽

Legal Framework ◽

Customary Law ◽

Indigenous Knowledges ◽

Knowledge Repositories ◽

Constitutional Protections ◽

Inuit Peoples ◽

Joint Authorship

This paper contributes to building respectful relationships between Indigenous (First Nations, Métis, and Inuit) peoples and Canada's cultural memory institutions, such as libraries, archives and museums, and applies to knowledge repositories that hold tangible and intangible traditional knowledge. The central goal of the paper is to advance understandings to allow cultural memory institutions to respect, affirm, and recognize Indigenous ownership of their traditional and living Indigenous knowledges and to respect the protocols for their use. This paper honours the spirit of reconciliation through the joint authorship of people from Indigenous, immigrant, and Canadian heritages. The authors outline the traditional and living importance of Indigenous knowledges; describe the legal framework in Canada, both as it establishes a system of enforceable copyright and as it recognizes Indigenous rights, self-determination, and the constitutional protections accorded to Indigenous peoples; and recommend an approach for cultural memory institutions to adopt and recognize Indigenous ownership of their knowledges, languages, cultures, and histories by developing protocols with each unique Indigenous nation.

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Cannabis, Reconciliation, and the Rights of Indigenous Peoples: Prospects and Challenges for Cannabis Legalization in Canada

Alberta Law Review ◽

10.29173/alr2519 ◽

2019 ◽

Author(s):

Konstantia Koutouki ◽

Katherine Lofts

Keyword(s):

First Nations ◽

Indigenous Peoples ◽

Indigenous Communities ◽

Legal Framework ◽

New Era ◽

Real Risk ◽

Inuit Peoples

The provisions of the federal Cannabis Act came into force on 17 October 2018, opening a new era of cannabis management in Canada. We examine cannabis in Canada through the lens of reconciliation and the rights of First Nations, Métis, and Inuit peoples. There is potential for Indigenous communities to benefit from cannabis legalization, but also a very real risk that the new legal framework will simply perpetuate existing injustices. We show that the new legislation is inadequate both in terms of lack of consultation with Indigenous communities, as well as in terms of substantive provisions — and omissions — in the legislation itself.

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Perspectives on Reconciliation & Indigenous Rights

Cosmopolitan Civil Societies An Interdisciplinary Journal ◽

10.5130/ccs.v1i2.1046 ◽

2009 ◽

Vol 1 (2) ◽

pp. 111-128 ◽

Cited By ~ 1

Author(s):

Nina Burridge

Keyword(s):

First Nations ◽

Indigenous Peoples ◽

Indigenous Rights ◽

Political Context ◽

Indigenous Australians ◽

Unfinished Business ◽

Policy Makers ◽

Community Attitudes ◽

The Status ◽

National Reconciliation

This paper provides an overview of discourses of the movement for national reconciliation prevailing within the Australian socio-political context since the inception of the Council for Aboriginal Reconciliation in 1991, to the national apology delivered by the Prime Minister Kevin Rudd on 13th February 2008. It provides an framework for the various discourses of reconciliation, by exploring and analysing the accrued meanings to such terms such as ‘genuine’, substantive or ‘true’ reconciliation; the Howard’s Government’s ‘practical reconciliation’ and the Rudd government’s great attempt at ‘symbolic’ reconciliation in the national apology to Indigenous Australians. In the changing political context in Australia today this paper revisits the debates on reconciliation, and endeavours to locate the movement solidly within a human rights framework that includes first nation rights. This requires an examination of the roots of the reconciliation movement including community attitudes to reconciliation and the nature of the peoples’ movement as well as the differing perspectives of policy makers, politicians and of course, Indigenous peoples. It asks crucial questions about the progress of reconciliation and the type of reconciliation mainstream Australians will accept. In truth therefore, was the ‘National Apology’ a grand symbolic gesture by mainstream Australia to maintain the status quo and divert our eyes from the more searching questions of the ‘unfinished business’ of ‘substantive’ reconciliation which encompasses first nations rights for Indigenous peoples.

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Born the Year after the Flood

South Atlantic Quarterly ◽

10.1215/00382876-7825738 ◽

2019 ◽

Vol 118 (4) ◽

pp. 921-927

Author(s):

Jeremie Caribou

Keyword(s):

First Nations ◽

Indigenous Peoples ◽

Ecological Integrity ◽

Indigenous Rights ◽

Indigenous Identity ◽

Indigenous Lands ◽

History Of ◽

The Right ◽

Political Governance ◽

Gain Access

This essay reveals the true history of my people. It demonstrates our highly developed social, spiritual, and political governance structures. Our use of the water systems underscores the ecological integrity of sustainable development that we fostered for thousands of years. Yet, due to colonization and oppressive policies designed to destroy Indigenous identity, culture, and history, Indigenous knowledge and governing systems have been put in jeopardy. Colonial policies intended to dispossess and oppress First Nations by depriving us from Indigenous lands, controlling all aspects of our lives, which created dependence by limiting Indigenous peoples’ abilities to provide for themselves. Furthermore, these policies had no Indigenous input or representation and were designed to eradicate or eliminate Indigenous rights, titles, and the right to self-determination to easily gain access to Indigenous lands for development and industrialization, such as in the case of the massive hydroelectrical dams that continue to alienate my home community today.

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Section 35 Legal Framework: Implications for Evaluation

Canadian Journal of Program Evaluation ◽

10.3138/cjpe.69006 ◽

2020 ◽

Vol 34 (3) ◽

Author(s):

Robert Patrick Shepherd

Keyword(s):

Indigenous Peoples ◽

Professional Ethics ◽

Indigenous Rights ◽

Legal Framework ◽

Legal Principles ◽

Program Evaluations ◽

Indigenous Nations ◽

The Government ◽

Relationship Of

Developments in Canada’s constitutional and legal framework since 1982 set the stage for the current Liberal government’s nation to nation policy which recognizes Indigenous rights and seeks to build a relationship of respect and partnership through reconciliation with Indigenous peoples. These developments have important implications for those engaged in policy and program evaluations who are now called upon - not only by their own professional ethics but by the legal principles flowing from section 35 - to reimagine their approach and work as partners with Indigenous nations based on the recognition of Indigenous rights, reconciliation and the Crown’s duty to act honourably in all of its dealings with Indigenous peoples. There are no off the shelf answers for how this can be done. Evaluations professionals will need to be guided by these key legal principles and the progressive view set out in the Liberal government’s Principles Respecting the Government of Canada’s Nation to Nation Relationship with Indigenous Peoples.

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The Emerging International Architecture of Indigenous Rights: The Interaction between Global, Regional, and National Dimensions

International Journal on Minority and Group Rights ◽

10.1163/1571811042791193 ◽

2004 ◽

Vol 11 (4) ◽

pp. 379-409 ◽

Cited By ~ 3

Author(s):

Willem van Genugten ◽

Camilo Perez-Bustillo

Keyword(s):

Human Rights ◽

Indigenous Peoples ◽

Legal Protection ◽

Indigenous Rights ◽

Legal Framework ◽

Current Status ◽

Indigenous Movements ◽

The Relationship ◽

Racial Ethnic ◽

Legal Processes

AbstractThe article gives an overview of the current status of human rights and poverty in the context of the contemporary struggles of indigenous peoples. It aims to describe the framework of indigenous rights as constituted by, and constitutive of, the relationship between legal processes at the international, regional and national levels. The article also makes links to broader issues such as the racial, ethnic, linguistic and cultural human rights instruments, as well as to the important linkage to international poverty law. It outlines the current status of international legal protection for indigenous peoples before giving different cases in which these legal mechanisms have been used and questioned at the regional and national levels. The article concludes by arguing that indigenous rights standards play an important role in terms of serving as 'ceilings' or 'floors' between which indigenous movements and supporting NGOs can mobilize and find a legal framework to form their case.

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Indigenous Mental Health: Imagining a Future Where Action Follows Obligations and Promises

Alberta Law Review ◽

10.29173/alr763 ◽

2017 ◽

Author(s):

Constance MacIntosh

Keyword(s):

Mental Health ◽

First Nations ◽

Indigenous Peoples ◽

Well Being ◽

Current State ◽

The Status ◽

State Obligations ◽

Indigenous Mental Health ◽

Inuit Peoples ◽

Mental Well Being

This article considers what it would mean if Canada fulfilled select existing commitments and obligations concerning the mental health needs of Indigenous peoples, as identified through current programs and recent jurisprudence: that is, where would we be if Canada carried through on existing commitments? After identifying the role of law in perpetuating poor mental well-being, it assesses programs for First Nations and Inuit peoples and determines they are unlikely to be effective without operational changes and responsive funding. The article then turns to the situation of Metis and non-status First Nations and the implications of Daniels v. Canada for changing the status quo – both by requiring appropriate mental health supports, and by dismantling the racist legal logic that has long undermined the mental well-being of non-status First Nations and Metis persons, by positioning them as not counting as true Indigenous peoples. The article concludes that merely fulfilling current state obligations could bring considerable short-term gains, and some long-term gains, for the mental well-being of Indigenous peoples in Canada.

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Effects on the Perceptions of Language Importance in Canada’s Urban Indigenous Peoples

aboriginal policy studies ◽

10.5663/aps.v5i2.25411 ◽

2016 ◽

Vol 5 (2) ◽

Cited By ~ 1

Author(s):

Eva M Jewell

Keyword(s):

First Nations ◽

Sex Education ◽

Indigenous Peoples ◽

Aboriginal Peoples ◽

Indigenous Language ◽

The Government ◽

Statistics Canada ◽

Government Of Canada ◽

Inuit Peoples

The following analysis utilizes data drawn from the 2012 Aboriginal Peoples Survey (APS) to examine the effects of age, sex, education, household type, and exposure to Indigenous[1] language inside the home and outside the home on the perceived importance of Indigenous language for Indigenous people living in urban centres across Canada. The results of the regression analysis indicate that “exposure to Indigenous language inside the home” and “exposure to Indigenous language outside the home” is directly related to how important Indigenous language is perceived by urban Indigenous peoples.[1] Statistics Canada and the Government of Canada utilize the term “Aboriginal” to identify First Nations, Metis, and Inuit peoples. The author has chosen to use “Indigenous”, a term that communicates the quality of being original in land and place.

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Indigenous Peoples Experiences with Aging

Canadian Journal of Disability Studies ◽

10.15353/cjds.v9i4.674 ◽

2020 ◽

Vol 9 (4) ◽

pp. 146-179

Author(s):

Sean Hillier ◽

Hamza Al-Shammaa

Keyword(s):

First Nations ◽

Indigenous Peoples ◽

Healthy Aging ◽

Geographical Area ◽

Geographical Location ◽

Spoken Language ◽

Way Of Life ◽

Language History ◽

The World ◽

Inuit Peoples

Indigenous Peoples in Canada are a non-homogenous group consisting of First Nations, Metis, and Inuit Peoples representing the original settlers of a given land or a geographical area (Parrott, 2018). Based on geographical location, there are unique names used to describe a given subset or group of Indigenous Peoples around the world. Despite their proximity, they originate from different nations, tribes, and communities and remain distinct in their spoken language, history, and way of life. Although there has been a notable growth in the literature on Indigenous Peoples, relatively little is published about their understanding of healthy aging. Similarly, there is a dearth of literature about the specific needs and wishes of Indigenous Peoples in Canada to facilitate a healthy aging process.

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