Module 1: Ethical and Legal Considerations
Module 1 Summary and Reflection
The governance models and principles shared in this module reflect the customary laws of the Indigenous community implementing them. They reflect their way of seeing and being in the world.
Summary of governance principles
- Data sovereignty for Indigenous Peoples must reflect the interests and priorities of Indigenous Peoples.
- Communities must not only dictate what data is collected about them but also have the power to determine who has access to the data.
- There will be different approaches to data sovereignty across Nations. Nations themselves need to define their data parameters, how data gets protected, and how they wish to tell their story historically, today, and into the future.
Learner notes
Additional governance models
- Assembly of First Nations. (n.d.) First Nations Ethics Guide on Research and Aboriginal Traditional Knowledge [PDF].
- Association of Canadian Universities for Northern Studies. (2003). Ethical Principles for the Conduct of Research in the North [PDF]
- Government of Canada. (2022). Tri-Council Policy Statement: Ethical Conduct of Research Involving Humans, 2nd edition (TCPS 2). “Research Involving the First Nations, Inuit and Métis Peoples of Canada.”
- SAMHSA. (2009). “Etiquette – Do’s and Don’ts [PDF].” CultureCard. (A resource on enacting culturally relevant manners and protocols)
Learner notes
Moving forward—applying what you know
The governance models related to data sovereignty and foundational information related to the TRC and UNDRIP in this module are just a starting point to reconciliation in Canada. The learning in this module will need to be applied to the next seven modules in this program and can be applied in your personal life and professional life.
Here are some important takeaways from this module.
Data sovereignty principles themes
- Balancing individual and collective rights.
- Upholding culturally grounded ethical principles.
- Ensuring community-driven/self-determined research.
Governance models
- First Nations principles of OCAP®
- OCAS /Principles of Ethical Métis Research
- Inuit Qaujimajatuqangit/National Inuit Strategy on Research
- USAI (Utility, Self Voicing, Access and Inter-Relationality Research Framework)
- CARE Principles
TRC & UNDRIP
These three entities play key roles in reconciliation and Indigenous self-determination in Canada:
- Truth and Reconciliation Commission (TRC)
- United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
- Canadian government
Summary
You have learned that the governance principles reflect the rights of Indigenous Peoples to control data from and about their communities and lands, both individually and collectively, and their rights to data access and privacy. And you have gained an understanding that Indigenous data sovereignty represents the right of each Nation to control the collection, ownership, and application of its data, regardless of where that data is stored.
Take your learning forward into the other modules and your work in Indigenous digital literacy by:
- Following the research/communications governance of the community you are wanting to connect with
- Collaborating with the Nation you are working with early and often
- Upholding the Calls to Action in the TRC
- Being guided by the Articles of UNDRIP
Self-Assessment #3
- How can we place Indigenous data sovereignty governance at the centre of projects?
- State your commitment to upholding the TRC and UNDRIP, including your approach going forward.
Record your responses in your Toolkit.
Learner notes
Sources and recommended readings:
Data sovereignty: The Indigenous World 2021: Indigenous Data Sovereignty
UNDRIP: United Nations Declaration on the Rights of Indigenous Peoples [PDF]
First Nations Information Governance Centre: Home – The First Nations Information Governance Centre (fnigc.ca)
OCAP®: The First Nations Principles of OCAP® – The First Nations Information Governance Centre (fnigc.ca)
Indigenization Toolkit: Managing Digital Information – Indigitization
Reconciliation: Reconciliation Resources – Reconciliation Canada