COASTAL CORRIDOR CONSORTIUM DRAFT TRADITIONAL KNOWLEDGE PROTOCOL AGREEMENT THIS AGREEMENT dated November 15, 2008 is among the Aboriginal Partners as represented by the: Lil’wat Nation; Musqueam Nation; Sechelt Nation; Squamish Nation; Tsleil-Waututh Nation; Métis Nation British Columbia (MNBC); and the United Native Nations (UNN). (the “Aboriginal Partners”) AND TRADITIONAL KNOWLEDGE APPLICANTS, as represented by the: Native Education College; Vancouver Community College; and Capilano University. (the “Applicants”) being collectively referred to as “the Parties” to this protocol (the “Protocol”). Preamble: The Parties, who are partners on the Coastal Corridor Consortium, an unincorporated non-profit society, working collaboratively to create equality in the participation and success rates of Aboriginal and non-Aboriginal learners who live in the Coastal Corridor Consortium region. As such, this Protocol is based upon the processes of Aboriginal community-based curriculum development and acts as a guide for the Parties to incorporate traditional knowledge that will support Aboriginal learner success. 1.0 The Aboriginal Partners represent the Aboriginal rights, titles, and interests of the Aboriginal Members of the Coastal Corridor Consortium, upon whose collective traditional territory the Consortium operates, in what is today known as the GVRD and Sunshine Coast Regions of British Columbia. 2.0 The Consortium Partners have a mutual interest to undertake research to develop culturally relevant community-based curriculum content1, teaching materials, practices, and methodologies that incorporate Aboriginal Traditional Knowledge, through a collaborative community process that supports Aboriginal learner success. 3.0 Currently within Canada there is no legislation, developed or adopted, that clearly and effectively protects Aboriginal traditional knowledge2 that has, and continues to, result in misappropriation of traditional knowledge. It is recognized that these circumstances are compounded by the loss of Elders and traditional knowledge keepers who can no longer practice traditional methods of teaching within the existing educational systems. 1 Evans, M., McDonald, J., Nyce, D. (2000). Acting Across Boundaries in Aboriginal Curriculum Development: Examples from Northern British Columbia. (Guidelines to Curriculum Development, p. 11.) University of Northern BC. “The University does not copyright or otherwise require extensive control over course materials. Although it does require course outlines that can be used and disseminated freely”. NVIT Affiliation agreements specifically contain a clause assigning curriculum content rights to the ‘community’ for which the course is developed. 2 Simeone, T. (2004, p.4). Indigenous Traditional Knowledge and Intellectual Property Rights. Parliamentary Research Branch, Library of Parliament, Ottawa. Page 1 of 13 4.0 Recognizing the need for traditional knowledge protections against cultural misappropriation or unauthorized use of Aboriginal Traditional Knowledge the Aboriginal Partners are entering into this agreement, which utilizes current legislation as one of many intellectual property protection tools for Aboriginal traditional knowledge. 5.0 Pursuant to the rights of Aboriginal peoples, within the meaning of sections 25 and 35 (1) of the Constitution Act, 1982, and those of all people within the Universal Declaration of Human Rights3 (1948) the Aboriginal Partners rights include ownership, protection, and custody of their Traditional Knowledge as intellectual property and that every such right includes the incidental right to teach such practices, customs, and traditions to a younger generation to ensure continuity of the knowledge. 6.0 The Applicants are post-secondary institutes who are partners of the Consortium and who are interested in developing with the Aboriginal Partners research to develop relevant curriculum content, teaching materials, practices and methodologies that are built upon and incorporate traditional knowledge to support the success of Aboriginal learners. 7.0 The Applicants acknowledge that Aboriginal peoples are entitled to the recognition of the full ownership, control, and protection of their traditional knowledge, which is recognized both in its historical context and its evolving context4 “in response to a changing environment”5. 8.0 The Applicants acknowledge the Aboriginal Partners rights, titles and interests within the Traditional Territory, including their rights to ownership, protection and custody of their Traditional Knowledge as used and developed for the purposes of research, curriculum content, teaching materials, practices and methodologies, and is entering into this Protocol as an act of good faith and recognition of such rights. 9.0 The Applicants therefore agree that all research, curriculum ‘content’, teaching materials, practices, and methodologies that include the Aboriginal Partners traditional knowledge will remain the property of the Aboriginal Partners. The curriculum ‘outline’ would remain the property of the Applicant(s). 10.0 Pursuant to the Aboriginal Partners laws, including Aboriginal customary law, the Aboriginal Partners have reviewed and recommended this Protocol to their duly authorized representatives and agents. 11.0 The Applicant has reviewed and recommended this Protocol to its duly authorized representatives and agents. In consideration of the exchange of promises set out in this Protocol, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the Parties, the Parties covenant and agree as follows: Universal Declaration of Human Rights Article 27 (1) Everyone has the right freely to participate in the cultural life of their community, to enjoy the arts and to share in scientific advancement of its benefits. (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. 3 R. v. Gladstone, [1996] 2 S.C.R. 723] states that “The ‘frozen right’ approach focusing on aboriginal practices should not be adopted. Instead, the definition of aboriginal rights should refer to the notion of “integral part of distinctive aboriginal culture” and should “permit the evolution of aboriginal rights over time”. 4 Intergovernmental Consortium on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, Third Session, Geneva, June 13 – 21, 2002, pg. 11. 5 Page 2 of 13 1.0 DEFINITIONS (a) For the purposes of this agreement the Aboriginal Partners traditional knowledge is defined as moveable and immovable property, tangible and intangible property, original items and reproductions including but not limited to: i. All types of literary and artistic works, including but not limited to language, oral history narratives, life skills narratives, other narratives, poetry, illustrations, manuscripts, music, dance, public performing arts, sacred and other ceremonies, marks, and cultural expressions, as well as arts related to such ceremonies, symbols, designs, songs, art, handicrafts, tools, buildings and architecture, and vehicles; ii. All elements of language, including but not limited to, family names, geographic place names, linguistic names of flora and fauna, and names of medicines; iii. All knowledge, innovations and discoveries, including but not limited to, bioharvesting and use of flora and fauna, and traditional, scientific, agricultural, technical and ecological knowledge, and methods of creating and using such things; iv. All documentation of the Aboriginal Partners heritage on methods including but not limited to such film, photography, videotape, audiotape, and digital means; and v. All special sites such as sacred sites, sites of historical significance, archaeological sites, and burial sites6. (b) “Inventory” means an inventory that may be held at the Aboriginal Partner’s offices or community, regional or national level containing Traditional Knowledge in written, audio, video, or other electronic form, including maps designating specific traditional land use and occupation within the Traditional Territory. (c) “Aboriginal learner” means an individual person of Aboriginal ancestry who is pursuing or attending post-secondary institute within the collective traditional territory of the Aboriginal Partners. (d) “Parties” means the Applicants and the Aboriginal Partners and “Party” means one of them. (e) “Report” means a written narrative that includes the nature and scope of the Traditional Knowledge Project including objectives, methods, and findings. (f) “Sacred Site” means a site used and/or identified by the First Nation for sacred purposes since time immemorial, including but not limited to, burial sites and sites of ceremonial, social, and/or cultural significance. (g) “Traditional Knowledge Documentation” for the purpose of this Protocol, means the curriculum content, teaching materials, inventory, maps and/or all documentation or reporting of traditional knowledge, including all versions, editions and drafts thereof. (h) “Traditional Knowledge Research” means the gathering, documentation, and preservation of Traditional Knowledge that result in Traditional Knowledge Documentation as a part of curriculum development and/or research. 6 This definition incorporates language and concepts from three sources: “Protecting Aboriginal Knowledge, Culture and Art Under Canadian Intellectual Property Laws” (2005); United Nations Educational, Scientific and Cultural Organization (UNESCO); and the World Intellectual Property Organization (WIPO). Page 3 of 13 2.0 (i) “Traditional Land Stewards” mean First Nation community members with a long family tradition of occupancy and use of an area within the Traditional Territory. (j) “Traditional Territory” means that portion of the traditional territory of the First Nation located within the collective traditional territory of the Aboriginal Partners. (k) “Traditional Knowledge Keepers” means an Aboriginal person that has been given the responsibility by his or her community to act as custodian of particular Traditional Knowledge to ensure the preservation of such Traditional Knowledge for future generations. PRINCIPLES The Parties agree to the following principles set out hereunder: (a) Prior Rights. The Applicants acknowledge that the Aboriginal Partners have prior, proprietary rights, titles, and interests over the air, land, waterways, and the natural resources within the Traditional Territory, together with all traditional knowledge and intellectual property rights associated with their traditional territory, the resources contained therein, and all uses associated. (b) Self-Determination. The Applicants acknowledges that the Aboriginal Partners have the Aboriginal right to self–determination within their Traditional Territory. (c) Inalienability. The Applicants acknowledges that the Aboriginal Partners have inalienable rights to the Traditional Territory, including the Traditional Knowledge. These rights are collective by nature but can include individual rights. The Applicants shall defer to the Aboriginal Partners to internally determine for themselves the nature and scope of respective communal traditional knowledge rights. (d) Traditional Guardianship. The Applicants acknowledges that the Aboriginal Partners have a holistic interconnectedness with the ecosystems within their Traditional Territory and the Aboriginal Partner’s obligations and responsibilities to preserve and maintain their role as stewards of these ecosystems through the maintenance of their culture, spiritual beliefs, and customary law. (e) Active Participation. The Applicant acknowledges the crucial importance of the Aboriginal Partners to actively participate in all phases of any Traditional Knowledge research, curriculum development and the application or presentation of teaching practices and methodologies that integrate, use, or apply any forms of Traditional Knowledge. In the interests of mitigating ‘assimilative’ practices Aboriginal instructors who are cultural practitioners or knowledge keepers will be developed by the Parties and recruited by the Applicants. (f) Full Disclosure. The Applicants acknowledge that the Aboriginal Partners are entitled to be fully informed and participate in the ultimate integration of the Traditional Knowledge (including curriculum content, teaching methodologies and practices). This information is to be shared with Aboriginal learners in a form and style that has meaning to the Aboriginal Partner communities, including translated information where possible. (g) Prior Informed Consent. The Applicants acknowledge that the prior informed consent of one or more of the Aboriginal Partners must be obtained before the Traditional Knowledge or any work associated with Traditional Knowledge is undertaken. This includes ongoing consultation, which is necessary to maintain the prior informed consent throughout the duration of any Traditional Knowledge Research. Page 4 of 13 3.0 (h) Confidentiality. The Applicants acknowledges that the Aboriginal Partners have information concerning their Traditional Knowledge, including particular aspects of their culture, traditions, spiritual beliefs, and customary laws that must be maintained and treated as confidential by the Applicants, its members, alternates and/or agents thereof. This principle will be satisfied by meeting the obligations set out in Clause 10 herein. (i) Support of Aboriginal Partners Traditional Knowledge Research. The Applicants acknowledge the Aboriginal Partners’ need to develop capacity to undertake their own Traditional Knowledge research and publications and in utilizing their own collections and databases. (j) Implementation of this Protocol. The Applicants and the Aboriginal Partners acknowledge that a serious ongoing commitment by both Parties and the dedication of necessary resources to implement this Protocol is required to establish the necessary foundational agreements of the Consortium to achieve its collective vision and mission statements. (k) Mutual Autonomy. The Parties, as members of the Coastal Corridor Consortium (Consortium) work collaboratively on the development of Aboriginal programs and services that support the success of Aboriginal learners, while respecting and maintaining the mutual autonomy, separate needs, and uniqueness of each partner. (l) Non-Derogation. The Parties acknowledge that nothing in this policy shall be interpreted in a way that extinguishes, abrogates, or denies First Nations Aboriginal title or rights, or the exercise of those rights, within the meaning of sections 25 and 35 (1) of the Constitution Act, 1982, regardless of whether such title, rights, or privileges are established or defined at the time of implementation of this policy. The Parties also acknowledge that nothing in this policy shall prejudice any legal or other positions taken or that may be taken by the Aboriginal Partners in any court, tribunal or administrative proceeding, process, treaty negotiation or otherwise. (m) Third Party Consultation. Nothing in this Protocol does or will limit the Parties ability to participate in consultations, discussions, and agreements with any third party. PURPOSE OF THIS PROTOCOL (a) The purposes of this Protocol include, but are not limited to, the following: (i) Research and documentation of Traditional Knowledge to develop relevant Aboriginal curriculum, teaching methodologies and practices that ensure the continuity of First Nation’s customs, practices and traditions from one generation to the next and support Aboriginal learners in post-secondary education; (ii) Provide a process to gather, preserve and integrate Traditional Knowledge with respect to any resulting curriculum content, teaching methodologies or practices for educational purposes; (iii) Set out the mutual understanding of the Parties about ownership, protection and use of such Traditional Knowledge, curriculum content, teaching methodologies and practices; and (iv) Commence a process of further integrating the Traditional Knowledge into broader educational endeavors of the Aboriginal Partners, including the development of curriculum, teaching practices, methodologies and other activities that ensure the continuation of the Aboriginal Partners social, cultural, and spiritual customs, practices and traditions. Page 5 of 13 4.0 PROCESS BY WHICH THE PROTOCOL WAS REACHED a) Upon establishing the Coastal Corridor Consortium the Parties committed in the (2007) Aboriginal Service Plan (ASP) a partnership principle that includes “ensuring cultural authenticity7”. The focus of the ASP is the development of Aboriginal Programs and Services that are culturally relevant, and will therefore include Traditional Knowledge. Due to a long history of cultural misappropriation, exploitive and exclusionary research practices of Aboriginal Traditional Knowledge this standardized formal Protocol was developed to act as one of many tools to protect the Aboriginal Traditional Knowledge of the Aboriginal Partners. b) On or about March 19, 2008 the Parties approved their Consortium Implementation Plan (Work Plan) that included research that they identified as a priority. This research included the development of a draft Traditional Knowledge Protocol Agreement. c) On or about November 15, 2008, the Consortium Partners (the Parties): (i) Presented the draft Protocol Agreement; and (ii) Recommended the Protocol Agreement for approval by Parties. (iii) Each member, or their alternates, of the Applicants reported and recommended this Protocol for approval. d) The Applicants ratified this Protocol. e) Pursuant to the Aboriginal Partners’ internal protocols, the Aboriginal Partners ratified this Protocol. 5.0 RESPONSIBILITIES OF THE APPLICANTS a) For the purposes set out in Clause 3 of this Protocol, the Applicants will do the following: b) 7 (i) Respect the privacy, dignity, cultures, practices, traditions and rights of the Aboriginal Partners; (ii) Recognize the Aboriginal Partners’ rights to ownership, protection and custody of their Traditional Knowledge, including their rights to heritage resources; (iii) Ensure that any Traditional Knowledge research and curriculum development occurs in an orderly, legal and respectful manner with due regard to the peaceable enjoyment of the Aboriginal Partners to the Traditional Territory; The Applicants will not, without the prior informed consent of the Aboriginal Partners: (i) Use or permit Traditional Knowledge to be used by any other person or body other than for the purposes of or incidental to the research and development of curriculum content, teaching methodologies and practices that support Aboriginal learners; (ii) Knowingly undertake any collection of heritage or cultural materials; Coastal Corridor Consortium Aboriginal Service Plan Goal 1, Objective 1.1 (2007). Page 6 of 13 c) (iii) Disclose any aspect of Traditional Knowledge which is not publicly available and which was communicated to or observed by the Applicants pursuant to the Traditional Knowledge Project, except as set out in Clause 10; (iv) Seek to obtain any Traditional Knowledge of the medicinal and cosmetic properties of plants from a Traditional Knowledge holder which is not publicly available; and (v) Sell or claim rights to sell any products, services, information in any and all forms, training or educational programs beyond those approved by the Aboriginal Partners that were obtained as a result of the research and curriculum development for which this Protocol has been developed. Sacred Sites. In the event of and upon becoming aware of any Sacred Site within the Traditional Territory, the Applicants will adhere to the following procedure: (i) Immediately cease any activities within the Traditional Territory which could reasonably be expected to damage or interfere with an identified Sacred Site; (ii) Disclose the location of the Sacred Site to the Aboriginal Partners or a designated representative thereof, (iii) Treat all information with respect to the Sacred Site as confidential to the benefit of the interests of the Aboriginal Partners, and (iv) Seek the advice of all the Aboriginal Partners regarding the Sacred Site. d) The Applicants will not, without the prior informed consent of the Aboriginal Partners, knowingly enter upon any Sacred Site. 6.0 RESPONSIBILITIES OF ABORIGINAL PARTNERS a) For the purposes set out in Clause 3 of this Protocol, the Aboriginal Partners will do the following: (i) Provide Traditional Knowledge that is approved by their community that can contribute to the development of culturally relevant curriculum, teaching practices and/or methodologies; (ii) Use reasonable efforts to secure the cooperation and participation of Traditional Knowledge–Keepers; (iii) In a timely manner, bring information, matters or issues of concern forward for discussion and resolution in order to assist the Applicants in the planning and development of culturally relevant curriculum, teaching practices or methodologies; (iv) Provide advice and assistance to the Applicants, as necessary, to enable it to fulfill its responsibilities under this Protocol; and (v) Take any reasonable action to ensure compliance with this subsection as agreed to by the Applicants. 7.0 PRIOR INFORMED CONSENT a) Aboriginal Partners’ Responsibilities and Obligations to the Aboriginal Partners Members. Pursuant to internal Aboriginal Partners protocols and for the purposes of undertaking research to develop culturally relevant curriculum, teaching methodologies Page 7 of 13 and practices the Aboriginal Partners must seek, obtain and maintain the prior informed consent of the Aboriginal Partners members with respect to the protection, preservation and maintenance of Traditional Knowledge. b) The Aboriginal Partners responsibilities and obligations to the Aboriginal Partners member with respect to the gathering, collection, integration, and use of Traditional Knowledge will be further elaborated upon if and when any specific projects are undertaken that contain Traditional Knowledge research beyond the scope of information publicly available and approved for use by the Aboriginal Partners. c) The Applicants Responsibilities and Obligations to the Aboriginal Partners. The Applicants recognizes and respects that the Aboriginal Partners’ Traditional Knowledge is collectively owned, managed, and controlled by the individual Aboriginal Partners in trust for each of their communities. d) Unless authorized by the Aboriginal Partners, the Applicants will not approach individual Traditional Knowledge–Keepers in an effort to obtain Traditional Knowledge. e) When requested by the Aboriginal Partners, the Applicants will explain the potential benefits and outcomes associated with the development of culturally relevant curriculum, teaching methodologies and practices to Aboriginal Partners members. f) For clarity, the Parties acknowledge that ongoing consultation and provision of information will be required throughout the research and development of any culturally relevant curriculum that contains Traditional Knowledge to maintain prior informed consent. g) For further clarity, the Applicants acknowledge that the Aboriginal Partners may withdraw their prior informed consent in writing or by termination of this Protocol. 8.0 BENEFIT-SHARING a) Benefits to the Aboriginal Partners. As agreed to by the Parties benefits relating to the research and development of culturally relevant curriculum, teaching practices and methodologies that contain the Aboriginal Partners Traditional Knowledge Project may include, but are not limited to, the following: b) c) (i) Training of community members as Aboriginal learners; (ii) Training and/or contracting of community members as instructors; and (iii) Contributing to the awareness, understanding, capacity building, and planning that supports Aboriginal self-determination. Benefits to the Applicants. The benefit to the Applicants includes, but is not limited to, the following: (i) Aboriginal Partners assistance and advice to the Applicants; (ii) Opportunities to establish positive engagement of the Aboriginal Partners; and (iii) The authenticity and evidentiary value of Traditional Knowledge in higher learning that support the success of Aboriginal learners. Mutual Benefits to the Parties. Mutual benefits to the Parties include, but are not limited to, the following: (i) Protection and enhancement of the Aboriginal Partners’ Traditional Knowledge research and sharing with their members; Page 8 of 13 (ii) Enhanced post-secondary education programs and services that support the success of Aboriginal learners; (iii) Preservation of Traditional Knowledge for current and future educational needs; and (iv) Furthering the development of positive, beneficial, and harmonious relationships between the Parties. 9.0 CONFIDENTIALITY a) In this Protocol, “Confidential Information” means information identified and considered to be confidential by the Party providing the information. The Party providing the information shall notify the other Party in writing of its confidential nature. b) Unless otherwise agreed by the Parties, neither Party will disclose, divulge, or otherwise communicate to a third party any Confidential Information received from the other party as a result of any research to develop culturally relevant curriculum, teaching methodologies or practices, nor use such Confidential Information for any purpose. c) Where Traditional Knowledge that is confidential is required or requested by a third party, the Parties will make reasonable efforts to engage, negotiate, and conclude an agreement with the third party that will safeguard that Traditional Knowledge from public disclosure. 10.0 OWNERSHIP a) Aboriginal Partners’ Exclusive Ownership of the Traditional Knowledge. The Aboriginal Partners shall remain the exclusive owners of the Traditional Knowledge. The Applicants acknowledge and agree that they have no interest whatsoever in the ownership of the Traditional Knowledge, including any intellectual property rights there under. The Applicants hereby waive any intellectual property and/or any other rights that the Applicants may have with respect to the Traditional Knowledge. If, notwithstanding the foregoing, rights to Traditional Knowledge are recognized by a third party as residing with the Aboriginal Partner, the Applicants will take all reasonable efforts to waive or transfer all or any such rights to the benefit of the Aboriginal Partners. b) The Applicants Use of Traditional Knowledge. For the consideration provided under this Protocol, the Applicants will be able to use the Traditional Knowledge for the purpose of developing culturally relevant curriculum content, teaching methodologies and practices. For clarity, the Parties do not intend that this use of the Traditional Knowledge includes any grant of ownership to the Applicants. Ownership of curriculum outlines that include Traditional Knowledge may rest with the Applicants. 11.0 PROCESS MATTERS a) Transferability and Accreditation. All resulting curriculum that is developed by the Parties that contains Traditional Knowledge must also be transferrable to any other college or university and therefore must meet an appropriate standard with those of the Applicants8. b) The Applicants Comments on the Curriculum Content. The Applicants shall have the opportunity to review and provide comment on the curriculum content before it is finalized by the Aboriginal Partners. Evans, M., McDonald, J., Nyce, D. (2000). Acting Across Boundaries in Aboriginal Curriculum Development: Examples from Northern British Columbia. (Guidelines to Curriculum Development, p. 11.) University of Northern BC. 8 Page 9 of 13 c) Review of the Curriculum Content. Prior to the use of any curriculum developed by the Applicants, which contains any of the Aboriginal Partners’ Traditional Knowledge, a draft will be distributed by the Aboriginal Partners for the Applicants review and approval. d) Curriculum Evaluation. The Parties, by their designated representatives, will collaborate in the development of learner-centered criteria for the annual evaluation of any curriculum content that meet both the Aboriginal Partners community educational goals and the institutions evaluation framework. The steps of collaborative curriculum development are attached as Appendix A to this agreement. e) Communications. All external communications with respect to this Protocol or initiatives pursuant to this Protocol will be undertaken by joint communiqué, as authorized by the Parties. f) Copyright Acknowledgement. All external communications with respect to this Protocol or initiatives pursuant to this Protocol will include copyright ownership, as authorized by the Parties, which may include: © Copyright 2008 the (Aboriginal Partner Name). All rights reserved REPRODUCTION IN WHOLE OR IN PART OF (TK Application) IS STRICTLY PROHIBITED. PHOTO’S, VIDEO-TAPING OR ANY OTHER FORM OF DOCUMENTING THIS (TK Application) IS NOT PERMITTED. No part of this (TK Application) in whole or in part, may be copied in any way without the express written permission of the copyright holder. Unauthorized reproduction, for commercial or non-commercial use in whole or in part is subject to legal action. g) Communities Information Strategy. The Parties, by their designated representatives, will collaborate in the development and implementation of an Aboriginal Partners community information strategy with respect to this Protocol and any and all agreements, including the preparation of a summary thereof. 12.0 DISPUTE RESOLUTION a) Notice. In the event that the Aboriginal Partners or the Applicants finds a conflict with the fulfillment of the terms, conditions or responsibilities set forth in this Protocol, that Party shall request an arbitrator . 13.0 TERM, EXPIRY, AMENDMENT AND ASSIGNMENT a) The Parties agree that this Protocol is a document of a “living nature” and may be amended from time to time to continue to achieve the purposes of this Protocol or such other objectives as may be agreed upon by the Parties from time to time. b) This Protocol may be amended by agreement of the Parties in writing. c) Unless the Parties agree otherwise in writing, the term of this Protocol is indefinite. If the Parties do agree to terminate this Protocol, the specific conditions and covenants that survive termination must be specifically agreed upon. For clarity, section 9 – Confidentiality and section 10– Ownership, will survive termination of this Protocol. d) This Protocol may not be assigned without the express written consent of the other Party. 14.0 MISCELLANEOUS a) The Parties deem this Protocol to be approved when it is executed. Page 10 of 13 b) The Parties agree that this Protocol may be executed in separate counterparts, each of which so executed shall be deemed to be an original. Such counterparts together shall constitute one and the same instrument and, notwithstanding the date of execution, shall be deemed to bear the effective date set forth above. TO EVIDENCE THEIR AGREEMENT each Party has executed this Protocol on the date appearing above. THE APPLICANTS ABORIGINAL PARTNERS By: By: Capilano University Lil’wat Nation Vancouver Community College Musqueam Nation Native Education College Sechelt Nation Squamish Nation Tsleil-Waututh Nation Métis Nation British Columbia United Native Nations Page 11 of 13 Appendix A. Six Steps of Collaborative Curriculum Development, as adopted from the University of Northern BC. Each step is part of the participatory approach of transferring control. These guidelines differentiate the development process into: initiation, planning, development, implementation, evaluation and expansion. The process is similar to ones used elsewhere (e.g., Archibald 1995). Step 1. Initiation. Initiation involves one or more informal meeting with the Elders and leaders of each community to set direction and to identify five fundamental goals: i. The community’s needs and wishes (cultural or linguistic recovery, development of cultural pride, articulation with formal institutions, funding, other); ii. A set of principles to guide the process that may require revisions to the Traditional Knowledge Protocol Agreement (e.g., community control, experiential learning, aboriginal andragogy); iii. Sources of information for the course and, if new information must be actively researched, how that research will occur; iv. Relevant university guidelines and limits (eg types of courses and programs, accreditation issues, standards issues); and v. Community guidelines. Step 2. Planning. Planning begins with the Consortium Program Working Group who is responsible for Consortium Program planning and recommendations to the Consortium. The Program Working Group is critical and consideration must be given to cultural issues as well as bureaucratic ones in its composition. This Program Working Group and the Consortium representatives need to be well positioned to establish effective and appropriate communications between all partners and to develop appropriate support. The Program Working Group’s work in this respect may include reviewing and identifying culturally appropriate channels for community control over the curriculum process, identifying staffing and other developmental needs, including affirming community representatives with the appropriate mandate and appropriate reporting process, and potentially project planning that would include funding to conduct a comprehensive learning needs assessment for each community that will give direction to curriculum development. Step 3. Curriculum Development. The Program Working Group would be responsible to establish a curriculum model appropriate to its Aboriginal andragogical philosophy and objectives. This requires identification of the instructional topics and any significant development and implementation issues that need attention (e.g., the recording of information, ethical issues, research methods, or copyright issues). The goal is a draft of the curriculum that will be used, but as already indicated, Aboriginal curriculum development can include requirements for active research. Step 4. Implementation. A pilot project can be run to evaluate the curriculum, followed by revisions and re-testing or by the continuing, on-going teaching of the new curriculum. Part of the implementation step is the publication of curriculum material, as necessary and appropriate, and the establishment of a liaison mechanism for ongoing community involvement in the curriculum. Step 5. and Step 6. Evaluation and Expansion. The Program Working Group and/or the Consortium evaluates what has been accomplished, makes recommendations on any remedial work that needs to be performed, implements the revisions, and looks ahead for new directions and new ideas. Should the course be expanded? Should another course be constructed at the next, more advanced level? Should a new course be developed? Is there a need for more extensive resource materials, or for more of the Aboriginal style of teaching and learning? How could the resource material be used to supplement other existing courses? Page 12 of 13 The specific context of a community driven curriculum development project determines how the assumptions in this document are applied, and how successfully collaborations develop. This document is adapted from the UNBC model, which has a successful history working to develop the full degree program in Nisga'a Studies, run through a Nisga’a post-secondary education institution, to the Métis Studies Program, and the relatively easy organization of the Witsuwit'en courses by their Chiefs, to the many Aboriginal groups that the UNBC has not been able to approach due to resource limitations. The approach has helped to overcome the difficulties that the UNBC has had in finding a satisfactory process with the Carrier Sekani Tribal Council. Overall, the UNBC reports that the key to the collaborative process is recognition of the distinct but overlapping interests of the communities and the institution. Thus, the UNBC model of participatory curriculum development is currently characterised by a sharing of control, distributed according to the explicit requirements of the University and community involved. Page 13 of 13