Review

Each of the 204 Nations in B.C. has their own protocols. As a starting place, we strongly encourage you to review the following topics in the previous modules:

• Canadian Constitution Act, section 35
• UNDRIP
• OCAP®
• USAI
• Métis research
• Inuit research
• CARE principles

We encourage you to use these resources, but it is important to localize and learn about the Nation where you are located.

The following is an overview of how to move forward in a good way.

Guiding protocol documents

Indigenous intellectual property rights are complex and have many different aspects. The following guidelines are strongly suggested when engaging with First Nations, Métis, and Inuit knowledge, information, and intellectual property.

Connect early and often

The guiding practice is to connect early and often.

The initial consultation with Nations is necessary to establish where the ownership belongs internal to the Nation and where the ownership of the end result will reside, especially when developing your course content.

Things to discuss include:

• Community ownership of materials
• Family ownership of materials
• Published academic purposes (credits)
• Any royalties to be given to the community

How do we avoid inadvertently sharing knowledge that should be protected when dispersing  Indigenous Traditional Knowledges digitally?

Answer: Cultural awareness is key.

Elements of cultural awareness

• Acknowledgement—Recognize and affirm the interests Indigenous Peoples have in their cultural and intellectual property, existing both inside and outside conventional copyright law.
• Consultation—Form authentic and meaningful relationships with source communities, understanding customary laws and protocols, and determining community needs and wishes with regard to their Indigenous Traditional Knowledges.
• Guardianship—Actively respect community decisions regarding digitization, access, and use, giving Indigenous communities full agency over how their cultural material is treated.
• Localized—Consulting with local Nations will ensure information being shared online is correct and appropriate for a general audience. Local consultation is critical to decolonizing digital spaces and ensuring they are used appropriately.

You may have seen:

• The sale of fake art
• Halloween costumes
• Media portrayal of Indigenous peoples
• Fashion
• Jewellery
• Stories
• Medicinal knowledge

The list can go on and on.

What are the costs and risks of misappropriation?

• Reinforcement of stereotypes that are the source of discrimination
• Misrepresentation of Indigenous Peoples and their cultural expressions, undermining efforts to educate the public about their histories and cultures
• Heightened competition for artists and artisans who have been developing these cultural expressions, generation after generation
• Diminished economic resources, impacting not only individual livelihoods but also community efforts to ensure cultural perpetuation
• Diminished value, as what is considered culturally important or even sacred becomes commonplace, commercialized, or cheapened as “pop culture”

How can we bring Indigeneity into online spaces in a respectful and appropriate way?

It is important to consider the ways Indigenous Traditional Knowledges are spread through digital platforms and some of the potential shortcomings of these tools.

It is not culturally appropriate to copy and paste Indigenous Traditional Knowledges to an online platform.

Working to bring Indigeneity to an online platform requires respectful forethought, authentic consideration, and permission from the Nation.

It’s important that all attempts at digitizing any sort of Indigenous Traditional Knowledges be accomplished in close consultation with the community.

Do this work in partnership with the Knowledge Keepers to ensure information is interpreted within the appropriate context and so they learn how to understand their own Knowledges and data, which is part of responsible stewardship.

Questions to ask yourself

• What kinds of Knowledges are being shared?
• Is there any protocol that needs to be followed?
• Is there consent from the Nation to share information?
• Is the work and/or other similar works communally owned?
• Is the work clearly based on traditions from a specific culture?
• Does the work involve cultural considerations that determine ownership and/or stewardship across the Nation?
• Can the community experts identify the person who created the work?
• Are there teachings intended only for content creator from the Nation or community?
• Is the work based on traditions from your own Nation, community, family, or another? Are those connections and relationships clear?
• Does your work involve any sacred or secret content?
• Is the work based on a form of shared ownership or stewardship practiced by the Nation or community?
• Is the work created with materials or histories from the land and current geographical locations?
• If you intend to break or bend a protocol, have you consulted with an Elder or Knowledge Keeper about the consequences?

Best practices

Community Practices and Indigenous Knowledge states the five best practices as:

1. Relationships must come first.
2. Nothing about us, without us.
3. Integrate OCAP® Principles or the governance structures used by the Nation.
4. Not all Indigenous Traditional Knowledges want to or should be open to everyone.
5. How information is shared matters.

Indigenous Peoples own their Knowledges and cultures, and everyone else must seek permission to use them. 

How do we avoid inadvertently sharing protected knowledge when dispersing Indigenous Traditional Knowledges digitally?

The answer is, in theory, very simple: consultation.

Guidelines

Considerations related to control consistent with UNDRIP, Article 11:

“First Nations, Inuit, and Métis Nations and communities have the right to define, elaborate upon, and affirm the nature of intellectual property amongst their respective communities based on their laws, traditions, and customs. This includes collective or shared rights, and the historic structures and systems that continue to be practiced (or need to be revitalized). These structures and systems inform and shape the way families and communities exercise and affirm their rights, in support of their arts, culture, and heritage.”

Protocols

An important first step in communication, engagement, negotiation, and consent is protocol: that is, determining the best way to organize formal discussions and agreements with arts, culture, heritage, and language Knowledge Keepers and practitioners, and between Indigenous Nations, specific communities, and their governments or other parties.

The protocols in this module are not definitive, but you can use them to develop policies for your teaching, projects, programs, or practices. Further work is required to offer greater understanding and compliance, and to advocate for better policies and legislative change that respect Indigenous Traditional Knowledges and communities. We must keep in mind that each of B.C.’s 204 Indigenous communities practice different protocols based on their ways of seeing the world.

Conclusion and Calls to Action

We respect the need to recognize and follow Indigenous protocols. We also acknowledge that the current Canadian legal system does not adequately protect Indigenous intellectual and cultural property. Despite this current reality, we affirm that Indigenous Peoples retain an inherent right to their individual and collective rights.

It is important to note that protocols are not something you can learn about by taking a course or reading a list.

Understanding protocols involves lifelong learning for everyone.

This course is a starting point of the journey.