Brokenhead Ojibway Nation

Nisichawayasihk Cree Nation
Land Use Plan
Safeguarding Traditional Knowledge in First
Nation Communities
Introduction
• Ed Vystrcil
• Nisichawayasihk Cree Nation (NCN)
• NCN Resource Management Board Rep
• NCN Lands Director
• Manitoba Regional Technician LABRC
• Topic:
• First Nation Land Use Plan – Best Practices
• “Safeguarding Traditional Knowledge in First
Nations Communities”
Presentation Outline
• Community Profile
• Background – NCN Resource Board
• Land Use Plan
• Planning Area – Maps
• Land Use Plan Summary & Progress
• Land Use Plan Goals
• Research Methodology
• Best Practices - Safeguarding
Traditional Knowledge in FN
communities
• What is TK?
• Why Safeguard it?
• Best Practices
• Next Steps
• Questions
BON Community Map
Community Profile
• Located 85 km west of the City of
Thompson; 800 km NW of Winnipeg
• Situated on Rat, Footprint &
Burntwood River System; Part of
1977 Churchill River Diversion
Project
• Main community has 15,000 acres;
65,000 acres Flood Settlement
lands, 63,000 acres Land Claim
lands (“TLE”)
• Footprint Lake & Three Point Lake
•
Population 4,833 (AANDC July
2014):
 2,858 (In Community)
 1,975 (Outside Community)
BON Community Map
Background
• RESOURCE MANAGEMENT BOARD ESTABLISHED UNDER
ARTICLE 6 OF MARCH 1996 SETTLEMENT AGREEMENT –
“co-management board” 4 MB reps, 4 NCN reps
• MANDATE OF BOARD IS TO DEVELOP LAND USE &
RESOURCE MANAGEMENT PLANS
• REVIEW AND MONITOR ACTIVITIES IN RMA
• RESEARCH AND DEVELOPMENT
• CONSULT WITH LEADERSHIP & COMMUNITY ON RESOURCE
ACTIVITIES
Overview - Land Use Planning Process
• NCN is developing a Land Use Plan under Article 6 of settlement agreement that will
set out a planning framework and course of action to balance present goals and
prepare for future challenges and opportunities.
• The Land Use Plan incorporates input directly from community members. It is
community driven and community owned – “participatory” approach
• NCN has completed Phase 1 - Pre-planning
• Currently in midst of Phase 2 – Mapping
• Phase 3 – Preparing the final plan, zoning and policies
• In partnership with the Indigenous Leadership Initiative (ILI), Canadian Parks &
Wilderness Society (CPAWS), University of Manitoba’s Indigenous Design & Planning
Network, AANDC, Province of Manitoba, Tower Engineering Group, Beringia Inc.
• Why Land Use Plan?
• Developing a strategic land use plan will serve as a process and a lasting document
that respects and upholds the rights and responsibilities of the community to provide
for the management, use, and sustainable development of the land and make
decisions with respect to land, resource use and allocation. This is very important
information that can be communicated to the government, industry and neighboring
communities.
NCN Resource Management Area (RMA)
Planning Area – RTL’s
NCN RMA:
• 48 RTL’s
• 5.6 Million Acres
• 22,000+ Sq km
• Traditionally family
• based trapping
• RTL boundary defined
• from 1996 settlement
• agreement
NCN “Reserve Lands” within the RMA
• Existing reserve IR
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170: 15,000 acres
Settlement
agreement lands:
65,000 acres
Treaty Land
Entitlement (TLE):
60,000 acres
Mystery Lake
Property: 4.2 acres
Total = 140,000+
acres
Project Goals
Become a leader in FN LUP & Conservation - Ensure the process is
community lead & driven – bottom up participatory approach:
1.
Establish Project Team & Work Plan – local members wherever possible
2.
Gather Community Input - Collect existing community information + other data sources –
studies, reports, maps, principles etc. Past and current land use & occupancy*
3.
Community Engagement - meetings, smaller workshops, one on one interviews, written
submissions, website, on & off reserve
4.
Field Work/Research - conduct interviews with trapline holders through one on one
interviews (U of M assisted in design of questionnaire), land use & occupancy*
5.
Build technology requirements and Information Systems – GIS Mapping system,
electronic filing system, geodatabase, network/server
6.
Final Land Use Plan – Implement Plan & Policies through a Land Stewardship Program
Phase 1 Summary – “Pre-Planning’
• Focus is the Resource Management Area – 48 Traplines with
the RMA
• Create Education & Awareness on Land Use Planning
• Gather community input:
• Project Team: Land use planning coordinator, community researchers
• Set up project structure: Planning committee, sub-committee, two
community “field assistants”
• Develop a Work Plan, compile info and data
• Interview RTL holders
• Essentially get a project team in place to gather community
input; put a microscope on all 48 traplines
Project Processes
•
Land Use Planning Project Team: To drive the process, provide
guidance and advice in the development of a comprehensive land
use plan.
• Planning team and working group
• Coordinator
• Field Assistants
• Other Advisors
• Land Stewards
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Communication strategy: To engage with the community to
confirm and validate decisions about planning.
• Community newsletters, local radio
• Community meetings & workshops
• One on one interviews
• Written submissions
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Information Gathering: To support the Land Use Plan through
additional information.
• Gathering what is important and valued by RTL holders:
Community land use (not just Trapping)
• Other sample land use plans & best practices
• Previous land use studies and reports
• Develop information systems to centralize info/data
•
Community Engagement: To ensure member participation and
input into the process.
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Community consultation plan
On & Off reserve members
Education & Awareness
Progress to date
• 80 interviews with Trapline holders to guide moving forward
• Process oriented feedback – What’s important to them? How they want to be
involved?
• Mapping land use & occupancy
• Project Team in place – Coordinator, Field Assistants, Planning Team,
Academic Advisors (U of M) and Professional Advisors
• Training on Land Use Planning and GIS software
• Terms of Reference and Work Plan in place to guide LUP
• Funding with primarily outside funding: ILI, CPAWS, Canada,
Manitoba, NCN
• Phase 1 Final Report
“Draft” LUP Vision
• “As stewards of the land, and
based on the lessons learned
from our past, traditional
practices and our Elders, we
work together as a self-sufficient
people to ensure respect of the
land, of customary principles
and of traditional knowledge.
Our strong land governance
system allows us to balance our
material and spiritual needs,
understand the
interconnectedness of
everything, and ensure the
sustainability of our land, culture
and people.”- Vision derived
from May 28 & 29, 2014 LUP
Training Workshop -
Interviewing Resource Users
• 1 on 1 interviews were conducted with RTL holders, priority was to fill
gaps in previous studies - 2000 Traditional Land Use, Habitation &
Occupancy Study (MKO)
• Questionnaire was designed to capture “process-oriented” feedback
only:
1.
2.
3.
Vision – short and long term goals
What is important? – community valued land use & harvest activities, areas
of importance, consultation
How do you want to be involved? – workshops, written, interviews
• This engages the community and provides the board with a clear
direction on how to move forward with developing the LUP
• Phase 2 – creating information systems (GIS) database and mapping
community land use & occupancy with 50 resource users
Common Research Methodology
• Standard interview forms - Questionnaire & Consent Form
• Designed with assistance of the U of M and mapping consultant
• Local field assistants conducted interviews & translation
• Interviews are audio/video recorded
• Interviews analyzed to report on findings
• Mainly community members steering the field work
Why Safeguard Traditional/Aboriginal
Knowledge?
What is traditional knowledge?
• A body of knowledge about creation and the
interconnectedness of everything, based on oral history passed
down from generation to generation includes all living and non
living things, connection to places or an area, non tangible,
spiritual realm – our stories, customs, traditions, principles,
beliefs.
• Ethinesewin, which means traditional knowledge, including the
influence of moons and seasons on climate, weather, animals,
plants and Ethiniwuk (individuals) as well as seasonal.
• Our special gift as Nehetho people involves understanding the
complex relationships between the four orders of creation and
all the things that exist within them.
Nisichawyasihk Nehetho Nation & Kihche’othasowewin (The
Great Law of the Creator)
• The Nisichawayasihk Nehethowuk traditionally live by
reference to Kihche’othasowewin (the Great Law of the
Creator), which is underpinned by spiritual and philosophical
beliefs, values, principles and goals. Nisichawayasihk
Nehethowuk customary law is the sum total of these beliefs,
values and norms. All combine to guide and direct the conduct
of ethiniwuk (individuals), ka’esi minisichik (the family), ka’esi
anisko’wahkometochik (the extended family), ka’esi
mamawe’minisichik (the clan) and ka’esi’pisketuskan’nesichik
(the nation). In this way social order is maintained by doctrines
that reflect Kihche’othasowewin.
•
• Ceremonies are an important part of Nisawayasihk
Nehethowuk customary law and are performed primarily to
seek guidance, reconciliation, restore harmony, reverse the
potential of misfortune and achieve balance (tapiskochinikewin)
with one’s surroundings.
Why safeguard Traditional/Aboriginal
Knowledge?
• We own the knowledge we share with others
• Poor practice of our knowledge and data leaving the
community in the past
• Intellectual Property Rights – data on culturally specific
interests (ex. medicines, sacred areas, personal family
information/history)
• Guarantee to individuals interviewed that info would be
confidential and protected
• Legal, moral, respect, relationship, trust duty to the
community members
Best Practices to safeguard our
knowledge
• Informed Consent & Confidentiality
• Access to info authorization
• Adopt principles of OCAP:
• Ownership
• Control
• Access
• Protection
• Research Protocol Guidelines
• Sharing agreement – from open disclosure
• BCR from Chief & Council
LAND USE PLANNING INTERVIEWS – INFORMED
CONSENT FORM (Individual)
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INFORMED CONSENT FORM
•
I want to thank you for taking the time to meet with us today. My name is ________________________ and I would like to
talk to you about your knowledge about the land and planning for our land – “Land Use Plan”. I have _________________ &
___________________ here with me to take notes and map anything we talk about. Specifically, I would like to talk to you
about both NCN’s Resource Management Area and Trapline # ____.
•
The Resource Management Board has started developing a land use planning process for the RMA under Article 6 of the CIA
and we will be talking to different target groups in the community to gather community input towards a finalized land use plan.
This interview is only one and the other trappers will also be interviewed. I would like to capture the full story by talking to all
resource users and other community groups to assist the RMB with their work.
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The interview should take approximately 2-3 hours. I have a series of questions and I will be audio taping the session because I
don’t want to miss any of your comments. Although we will be taking some notes during the session, I can’t possibly write fast
enough to get it all down. Because we’re on tape, please be sure to speak up so that we don’t miss your comments.
•
All responses will be kept confidential and remain ownership of NCN. This means that your interview response will only be
shared with NCN and the RMB. We will ensure that any information we include in our report is what is discussed or provided by
you. Remember, you don’t have to talk about anything you don’t want to and you may end the interview at any time.
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Are there any questions about what I have just explained? ___________
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Date
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Date
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Are you willing to participate in this interview? __________
__________________
____________________ Interviewee
Witness
__________________
____________________ Interviewer
Witness
Access to info authorization from Chief & Council – to access
data others may have in their possession
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March 28, 2014
Authorization to Access Information
To: Whom it may concern
Subject:
Access to Information Authorization – Land Use Information for Resource Management Area
Please be advised that Mr. Ed Vystrcil is the project lead for the Nelson House Resource Management Board to develop a Land Use Plan in
accordance to Article 6 of our March 15, 1996 flood settlement agreement. NCN expresses their willingness to participate in this process and
hereby give their approval to access information relevant to land use within our Resource Management Area/Traditional Territory.
Mr. Vystrcil is hereby authorized to access files, records, documents, data or whatever information is required and we consent to you
discussing this particular file with him. We are also requesting that you provide hard and electronic copies of the information/data for the
purposes of centralizing all information and data in our community.
This authorization will remain in effect until further notice or is terminated by the Chief and Council of Nisichawayasihk Cree Nation.
If you have any questions please feel free to contact our Chair of the Board Gord Dumas at (204) 679-7750 or Councillor D’arcy Linklater at
(204) 484-2332.
NCN Chief and Council (quorum is 4)
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Working with Consultants or Contractors
• Researchers must consider the following essential points when
developing a framework for research in the Nisichawayasihk
Cree Nation. These points constitute the ideal practices and
standards for projects that respect the context of communitybased research among First Nations:
• Participatory approach
• Respect
• Informed consent
• Protection and respect of Aboriginal knowledge
• Reciprocity and sharing of costs and benefits
• Indigenous right to ownership, control, access, and possession of
information & data
• Access to results of the research & data
• Sharing or disclosure of the information or data
Research Protocol Guidelines for
Consultants or Contractors
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Research Protocol Agreement
This form is used for all individuals conducting any research tasks within the Nisichawayasihk Cree Nation territory, and with community members, e.g., interviewing,
surveying, mapping, recording or editing image or sound data, transcribing, interpreting, translating, collecting and entering data, destroying data.
Project title: _____________________________________________________________________________
I, ________________________________________ (name), of__________________________________ (consultant or company name) am engaged in the following
research project(s): ______________________________________________________________________________
_________________________________________________________________________________________________________________________________________
___________________
(Project Description).
I agree to:
Keep all the research information shared with me confidential by not discussing or sharing the research information in any form or format (e.g., digital copies, disks, tapes,
transcripts, maps) with anyone other than the Nisichawayasihk Cree Nation.
Keep all research information in any form or format (e.g., digital copies, disks, tapes, transcripts, maps) secure while it is in my possession.
Return all research information in any form or format (e.g., digital copies, disks, tapes, transcripts, maps) to the Nisichawayasihk Cree Nation when I have completed the
research tasks.
After consulting with the Nisichawayasihk Cree Nation, I will erase or destroy all research information in any form or format regarding this research project that is not
returnable to the Nisichawayasihk Cree Nation (e.g., any information stored on computer hard drive, or physical copies).
Abide by the terms and conditions outlined in the Nisichawayasihk Cree Nation Research Protocol Agreement document.
(Print Name)
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(Signature)
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(Signature)
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Official witness:
(Print Name)
Next Steps
• Conduct a series of Land Use Planning workshops as a component of
the community engagement process.
• GIS Mapping – populate mapping system to centralize land use data
and to complete our own maps.
• Development & land use patterns
• Traditional land use maps
• Complete GIS training to train Lands and Resource Program staff on
GIS software.
• Complete the Land Use Planning Program website as part of the
communication strategy to ensure dialogue and participation by the
community – on & off reserve members
Next Steps
• The feedback from community consultation workshops
will be summarized and form the foundation of the final
land use plan.
• Data compilation and analysis with assistance biologist
and planning advisor(s) – geophysical, ecological, NCN
studies (internal and external data)
• Develop a communication strategy for community
celebration of the plan – education & awareness
• Legal review of research protocol guide to ensure NCN
ownership & safeguarding of data
QUESTIONS?
Ekosani!

Key Findings
• Overall #1 concern or finding is land encroachment or the
resource area continues to shrink* (Thompson, Leaf
Rapids, INCO, Paint Lake, Wabowden, Industry, Manitoba
RTL system)
• RTL Holders & Helpers age range from 23 years old to 88
years old – average age of trappers is 60
• This indicates there are 2-3 generations of family members working
together to maintain the community trapline system
• Important for older generation and elders to mentor & teach the
younger generations about the land
• Community involvement, land claims (TLE, NFA) and
environmental impacts
When preparing a plan for our land, what things are
important to you? (Pick 1)
54%
42%
38%
Respondents - Percentage
29%
13%
8%
8%
0%
10%
20%
30%
40%
Managing and Monitoring Our Lands and Water
Teaching Our Way of Life
Protection and Preservation of Our Land
Ensuring we remain active on our lands
Protecting Traditional Knowledge
Other
Economic Development
50%
60%
What kinds of activities would you like to
see on the land? (Pick 3)
Activities
What kinds of activities would you like to see?
0%
Trapping
Hunting
Gathering
Recretional
10%
20%
30%
Cottage Development
Other
40%
50%
Tourism
60%
Forestry
Mining
70%
Hydro
80%
Oil & Gas
90%
What environmental impacts to the land
concern you the most? (Pick 2)
Land Concerns
60%
50%
40%
30%
20%
10%
0%
Loss of Flooding of
loss of
animals &
the land
traditional
habitat
foods
Loss of
trees
damage to
sacred sites
Climate
change
forest fire
pollution
roads and access and
bridges
monitoring
of traditional
territory
Water
What kinds of cultural features are important to be
aware of when making land use and resource
management decisions? (Pick 3)
% of Respondents that feel features are important to Resource Management Decisions
70%
60%
50%
40%
30%
20%
10%
0%
All Cultural
Features are
Important
Spiritual and Camping areas
burial sites
Traditional
foods and
medicines
Wildlife
habitate or
corridors
Lakes &
waterways
Ceremonial
sites (vision
quests, etc…)
Cultural Features
Traditional
cabins
Other
Recreational
area
Our reserve
lands
Who do you think should be responsible for deciding
what activities occur in our resource area?
Other
Elders
Leadership
RMB
RTL Holder
Community
0%
10%
20%
30%
40%
50%
60%
What are you most comfortable providing information
about? (Pick 2)
RTL Holders/Helpers Most Comfortable Providing Information on
50%
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
Your own RTL
The whole resource area
The reserve lands
Other RTLs in region
Other
How would you like to provide information about the
land? (Pick 2)
social media tools
written surveys
smallworkshop
community meetings
one-to-one interviews
0%
10%
20%
30%
40%
50%
60%
70%
Phase 1 Community Meetings
Participants at May 28, 29
LUP Training Workshop
Participants at April 3 Community
Meeting
Challenges and Obstacles
Throughout the consultation process it was challenging creating
community awareness and clear direction from leadership;
Access to information from outsiders has been challenging and
slow-going for data from studies conducted for NCN (i.e.
Province, Manitoba Hydro, North/South, MKIO….);
Adjusting internal processes to better meet the needs of the
project (i.e. NCN’s website).
General communication about the project could be strengthened
by sharing information through NCN’s website, a social media
component, use of WIO and piggy backing other community
initiatives or consultation meetings.
Obstacles and Challenges
• Mining industry land
use patterns without
any input from the
RMB or consideration
of LUP process
• Ongoing issuance of
mineral dispositions
• Mining exploration
licenses (MEL’s) and
claims
• Proposed protected
areas
Where we are…Where we are going
• Goal: Continue the momentum of
the Land Use Planning Process
• Community engagement &
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consultations
Ongoing interviews with RTL holders
Land use planning workshops
Build the information systems
required to centralize & store data
A name for the plan
• Accomplishments:
• Community meetings & workshops
• 80 interviews
• Mapping workshops to identify: areas
of traditional or cultural significance,
areas for future development, and
areas unsuitable for development
• Name the plan through a Sweat
Ceremony, and interpreted by
community Elder (“Canoe”)
BON Community Map