Traditional Knowledge Policy Framework
Chapter 13 of the Umbrella Final Agreement, an over-arching agreement that governs land claims and self-government agreements in the Yukon, mandates that a variety laws and policies be created at the First Nation government level regarding culture and heritage.
Heritage personnel working for Yukon's First Nations realized that implementing Chapter 13 for their respective governments was creating a similar set of challenges and opportunities. They wanted to create a forum to share ideas and experience, and advance the Yukon First Nations heritage sector.
Yukon
First Nation Heritage Group (HERITAGE GROUP) was officially established
in 2001 and is now comprised of heritage employees working within
14 Yukon First Nations and the Taku River Tlingits of Northern
British Columbia. The Heritage Group is an independent, not-for-profit
working group not affiliated |
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The Heritage Group, through its policy and education work, will help create an environment in which:
- Every Yukon First Nations person understands, appreciates and lives their rich heritage;
- Current and future generations of Yukon First Nations people are inspired to protect and cherish their heritage;
- Heritage is respected and represented fully and accurately in every aspect of Yukon First Nations culture;
- Heritage strengthens and affirms Yukon First Nations governments; and
- The spirit and intent of the Umbrella Final Agreement, especially Chapter 13, is fulfilled
In 2002/03, Heritage Group approached the Gordon Foundation with a proposal to create a Traditional Knowledge Policy Framework, having two main goals - to ease the development of heritage-related traditional knowledge policies at the self-governing First Nation level (as outlined in the Umbrella Final Agreement, Chapter 13) and to assist with the effective implementation of the Yukon Environmental and Socio-Economic Assessment Act. The Act outlines the process to assess environmental and socio-economics effects of projects that affect the Yukon, effectively replacing the jurisdiction of the Canadian Environmental Assessment Act in most cases. The Act also requires that Traditional Knowledge be used in rendering decisions - triggering an urgent need for Yukon First Nations to prepare for this.
The Heritage Group worked collectively with First Nations from across Yukon and in September 2005 accepted and endorsed the Traditional Knowledge Policy Framework. The Framework was authored by Brian MacDonald, a Yukon-based lawyer a member of Champagne & Aishihik First Nations and who specializes in intellectual property law and aboriginal rights, and Gillian McKee, a planner employed by Kwanlin Dun First Nation. The Foundation's initial support also helped leverage later support for the Group from the Yukon Government and the Department of Canadian Heritage.
The Framework had two main goals - to ease the development of heritage-related traditional knowledge policies at the self-governing First Nation level (as outlined in the Umbrella Final Agreement, Chapter 13) and to assist with the effective implementation of the Yukon Environmental and Socio-Economic Assessment Act.
The "new" Traditional Knowledge Policy Framework is in place and some First Nations have started the process of using the framework to guide the development of an actual policy that the particular First Nation can endorse and use. Yukon First Nations now have the opportunity to utilize the Framework, or at minimum to use it as an education tool. This is a critical step to ensure protection of First Nations' rights as holders of inherent knowledge.
The Framework has received overwhelming acceptance at the community level. Many of the Elders and grassroots community members have become wary over sharing information with others due to improper use, changing information, pirating traditional symbols, and the making and selling of sacred traditional medical remedies. As well, in the Yukon, there are a number of mandated organizations and government departments that hope to borrow from the Framework to help ensure protection of traditional knowledge and sites.
In the Spring 2006, the Gordon foundation provided additional funding to the Heritage Group to begin implementing use of the Framework in 7 of the 15 First Nations in Yukon and Northern BC (Taku River Tlingits) through a community outreach and education. Though heritage personnel have strongly endorsed the Framework, they must now reach out to Chiefs and Councils, various boards and committees, partners within government and citizens. Designing and implementing policies based on the Framework is a long process: There is much work and many meetings to come. The Framework is designed not merely to introduce a policy 'prototype' or 'template' but, more importantly, to provide a roadmap for each First Nation to design and implement policies that will meet their unique needs.
Beyond the value at the community and regional level, this process has national and even international significance.
For more information, please contact G. Elaine Shorty at (867) 456-4794 or by email: Heritage_Group(at)northwestel.net
First Nations represented at the Heritage Group:
- Carcross Tagish First Nation
- Champagne & Aishihik First Nations
- Kluane First Nation
- Kwanlin Dun First Nation
- Liard First Nation
- Little Salmon Carmacks First Nation
- Nacho Nyak Dun First Nation
- Ross River Dena Council
- Selkirk First Nation
- Ta'an First Nation
- Teslin Tlingit Council
- Tr'ondek Hwechin First Nation
- Vuntut Gwitch'in First Nation
- White River First Nation
- Taku River Tlingit First Nation (B.C.)