Contributions of researchers and communities to the development of research frameworks in Canada Université Laval May 10th 2016 Thomas Burelli PhD Candidate – Supervisor : Professor Sophie Thériault Professor in Environmental Law (January 2017) – University of Ottawa Thomas.burelli@uottawa.ca

Indigenous People: Key informants for scientists Traditional Knowledge Traditional ecological knowledge Knowledge about Ecosystems Botanical knowledge

The secular interest for traditional knowledge “[C]onsider how many more herbs and plants possessing great virtues . . . our Indies must have. But they are out of our reach and knowledge because the Indians, being bad people and our enemies, will not reveal to us a secret, not a single virtue of a herb, even if they should see us die, or even if they be sawed in pieces”. Pedro de Osma (1568), quoted by Daniela Bleichmar.

Evolutions in international law 9 octobre 2014.

Evolutions in international law 9 octobre 2014. “Aboriginal peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts”. Art 31. United Nations declaration on the rights of Aboriginal people).

Implementation in Canadian Law 9 octobre 2014. No specific ABS (access and benfit sharing) legislation adopted since 1993. Other legal frameworks can apply to the access and use of certain types of genetic resources and to traditional knowledge : property law (intellectual property law in particular) Contract law Other relevant legislation (for instance on plant and animal protection).

ABS in Canadian Law 9 octobre 2014.

In the meantime… 9 octobre 2014. What are the reactions of researchers and indigenous people (since 1992) ?

A vast diversity of contributions from all over Canada 9 octobre 2014. Two types of contributions studied : General frameworks (around 60 identified) Contractual pratices (around 50 identified) Information about the needs and expectations of researchers and indigenous people Canada has stressed the importance to raise awareness about these contributions (Discussion Document for the Further Development of Federal Access and Benefit Sharing Policy)

General frameworks Guidelines, code of ethics, protocols developped by : Representative political organizations Representative sectorial organizations Tribal Councils First Nations (band) General frameworks from the academy : Tri-Council Policy Statements (1998, 2010) From universities and colleges : University of Victoria, Association of canadian Universities for northern Studies, University of Saskatchewan, Trent University Objectives : to define the general principles and rules to be applied during research projects. 9 octobre 2014.

Contractual practices 9 octobre 2014. Consent forms between researchers and indigenous participants to a research project General research agreements between researchers, their institutions and indigenous communities Purpose of these documents : to formalize the engagements of both parties and to keep a proof of it.

Main principles, rules and mechanisms identified in the contributions 9 octobre 2014. The prior informed consent: The information to be provided before the access Consent : an on-going process Withdrawal of consent The utilization of knowledge and resources Tranparency about uses Access by third parties Conservation of knowledge and resources Participation to the analysis and interpretations of data Dissemination of knowledge

Main principles, rules and mechanisms identified in the contributions 9 octobre 2014. Results and valorization Sharing the data, material and results Recognition of indigenous people contributions Negotiation of potential intellectual property rights Respect of indigenous languages Respect of indigenous norms and protocols

The development of a consent form for the Three Sisters project 9 octobre 2014. Analysis of the existing material in Canada. Identification of best practices : principles, rules and mechanisms offering indigenous people ways to control the knowledge and resources that they are sharing. Formalization of a proposal.

Thank you Thomas BURELLI PhD candidate– University of Ottawa / Université de Perpignan Professor in Environmental Law (January 2017) – University of Ottawa Thomas.burelli@uottawa.ca