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