The document discusses aboriginal traditional knowledge (ATK) and its role in the Species at Risk Act (SARA) in Canada. It defines ATK and reviews how it is recognized in international agreements and Canadian law. SARA requires ATK be considered in species assessments and recovery plans. Two examples of successful ATK collaboration are provided. However, more resources are needed to ensure effective ATK inclusion in SARA implementation going forward. The NWMB makes four recommendations to strengthen ATK protection and application under SARA.

2. ABORIGINAL
TRADITIONAL KNOWLEDGE
AND THE SPECIES AT RISK ACT
OCTOBER 10th 2012
Prepared by Michael d’Eça,
Legal Counsel to the Nunavut Wildlife Management Board

4. OVERVIEW:
1. WHAT IS “ABORIGINAL TRADITIONAL
KNOWLEDGE” (ATK);
2. A BRIEF REVIEW OF THE RECOGNITION OF
ATK IN LAW;

5. OVERVIEW:
3. THE ROLE OF ATK IN THE SPECIES AT RISK
ACT (SARA);
4. TWO SARA EXAMPLES OF SUCCESSFUL
COLLABORATION BETWEEN SCIENCE AND
ATK; AND
5. SARA AND ATK - TAKING STOCK.

7. WHAT IS ABORIGINAL
TRADITIONAL KNOWLEDGE?
♦ ATK REFERS TO ALL TYPES OF
INFORMATION RELATING TO THE
ENVIRONMENT DERIVED FROM THE
EXPERIENCE AND TRADITIONS OF
ABORIGINAL PEOPLE.

8. FOUR CATEGORIES OF ATK:
1. FACTUAL/RATIONAL KNOWLEDGE ABOUT
THE ENVIRONMENT;
2. FACTUAL INFORMATION ABOUT PAST AND
CURRENT USE OF THE ENVIRONMENT, ON
A BROADER GEOGRAPHICAL AND
TEMPORAL SCALE;

9. FOUR CATEGORIES OF ATK:
3. VALUES ABOUT THE ENVIRONMENT –
HOW THINGS SHOULD BE, WHAT IS
PROPER TO DO, HOW TO BEHAVE
TOWARDS ANIMALS AND THE
ENVIRONMENT (ATK VALUES); AND
4. A SPECIFIC ABORIGINAL CULTURALLY-
BASED FOUNDATION FOR THE WHOLE
KNOWLEDGE SYSTEM – WHY THINGS ARE
THE WAY THEY ARE (ATK BELIEFS).

11. RECOGNITION OF ATK IN LAW:
BIODIVERSITY CONVENTION
♦ ARTICLE 8: RESPECT, PRESERVE AND
MAINTAIN INDIGENOUS KNOWLEDGE,
INNOVATIONS AND PRACTICES, AND
PROMOTE THEIR WIDER APPLICATION.

12. RECOGNITION OF ATK IN LAW: UN
DECLARATION ON THE RIGHTS
OF INDIGENOUS PEOPLES
♦ “INDIGENOUS PEOPLES HAVE THE RIGHT
TO MAINTAIN, CONTROL, PROTECT AND
DEVELOP THEIR … TRADITIONAL
KNOWLEDGE… STATES SHALL TAKE
EFFECTIVE MEASURES TO RECOGNIZE AND
PROTECT THE EXERCISE OF THESE
RIGHTS. [ARTICLE 31]”

13. RECOGNITION OF ATK IN LAW:
FEDERAL LAW
♦ SINCE 1992, THE FEDERAL GOVERNMENT
HAS PASSED OR AMENDED AT LEAST NINE
ENVIRONMENTAL STATUTES, EXPLICITLY
ADDRESSING THE CONSIDERATION OF
ATK.
♦ THE SPECIES AT RISK ACT IS THE MOST
PROMINENT AND HIGHLY DEVELOPED OF
THOSE STATUTES.

15. ROLE OF ATK IN THE
SPECIES AT RISK ACT:
♦ “THE ROLES OF THE ABORIGINAL PEOPLES
OF CANADA AND OF WILDLIFE
MANAGEMENT BOARDS …IN THE
CONSERVATION OF WILDLIFE IN THIS
COUNTRY ARE ESSENTIAL…(PREAMBLE)”;

16. ROLE OF ATK IN THE
SPECIES AT RISK ACT:
♦ “THE TRADITIONAL KNOWLEDGE OF THE
ABORIGINAL PEOPLES OF CANADA
SHOULD BE CONSIDERED IN THE
ASSESSMENT OF WHICH SPECIES MAY BE
AT RISK AND IN DEVELOPING AND
IMPLEMENTING RECOVERY MEASURES…
(PREAMBLE)”;

17. ROLE OF ATK IN THE
SPECIES AT RISK ACT:
♦ “COSEWIC MUST CARRY OUT ITS
FUNCTIONS ON THE BASIS OF THE BEST
AVAILABLE INFORMATION ON THE
BIOLOGICAL STATUS OF A SPECIES,
INCLUDING… ABORIGINAL TRADITIONAL
KNOWLEDGE (S.15(3))”; AND
♦ “COSEWIC MUST ESTABLISH … A
SUBCOMMITTEE SPECIALIZING IN
ABORIGINAL TRADITIONAL KNOWLEDGE...
(S.18(1))”

18. ROLE OF ATK IN THE
SPECIES AT RISK ACT:
♦ THE MINISTER MUST PREPARE EACH
MANAGEMENT PLAN, RECOVERY
STRATEGY AND ACTION PLAN IN
COOPERATION WITH EVERY DIRECTLY
AFFECTED ABORIGINAL ORGANIZATION
(S.39(1)(d), S.48(1)(d) and S.66(1)(d)).

20. SUCCESS STORIES:
♦ INUIT BOWHEAD KNOWLEDGE STUDY
(1995-1997):
♦ CONCLUSIONS VERIFIED BY DFO SURVEYS
(2002-2004); AND
♦ NWMB MANAGEMENT AND COSEWIC
ASSESSMENT RESPONSES (2008-2009).

21. SUCCESS STORIES:
♦ POLAR BEAR: EXTENSIVE ATK INPUT
CONTRIBUTED TO A SARA LISTING OF
SPECIAL CONCERN RATHER THAN
THREATENED.

23. SARA AND ATK - TAKING STOCK:
♦ JULY 2006 STRATOS REPORT: THE
FEDERAL GOVERNMENT IS FALLING
SHORT IN ITS EFFORTS TO ENSURE
EFFECTIVE AND COLLABORATIVE
ABORIGINAL INVOLVEMENT IN SARA.

24. SARA AND ATK - TAKING STOCK:
♦ “A PARTICULAR ISSUE THAT NEEDS TO BE
RESOLVED IS WHERE THE RESOURCES
FOR THE COLLECTION AND COMPILATION
OF ABORIGINAL TRADITIONAL
KNOWLEDGE WILL COME FROM...”

25. SARA AND ATK - TAKING STOCK:
♦ SARA DOES NOT ADEQUATELY ADDRESS THE VITAL
NEED FOR ATK IN STEWARDSHIP, MANAGEMENT,
PROTECTION AND RECOVERY EFFORTS FOR
SPECIES AT RISK.
♦ MARCH 2008 STATUS REPORT OF THE
COMMISSIONER OF THE ENVIRONMENT AND
SUSTAINABLE DEVELOPMENT: GOVERNMENT IS
FAR BEHIND IN DEVELOPING RECOVERY
STRATEGIES AND IDENTIFYING CRITICAL
HABITATS.

26. SARA AND ATK - TAKING STOCK:
♦ AS OF 2008, 425 SPECIES LISTED, WITH 104
RECOVERY STRATEGIES, 1 ACTION PLAN
AND 3 MANAGEMENT PLANS COMPLETED.
♦ AS OF MAY 2012, 225 ADDITIONAL SPECIES
LISTED (650 TOTAL).

27. SARA AND ATK - TAKING STOCK:
♦ TREASURY BOARD’S ESTIMATED 2000/01 TO 2011/12
BUDGET TO IMPLEMENT SARA: $863 MILLION.
♦ 2004/05 TO 2011/12 TOTAL FUNDING DISBURSED
THROUGH THE ABORIGINAL FUNDS FOR SPECIES
AT RISK PROGRAM: $13 MILLION.
♦ ANNUAL BUDGET (STARTING SEPTEMBER 2005)
FOR THE NATIONAL ABORIGINAL COUNCIL ON
SPECIES AT RISK: $1 MILLION.

29. NUNAVUT WILDLIFE MANAGEMENT BOARD
RECOMMENDATIONS TO STRENGTHEN THE
IDENTIFICATION, PROTECTION AND
RECOVERY OF SPECIES AT RISK
October 10th 2012

30. RECOMMENDATION 1:
1. THE GOVERNMENT OF CANADA – IN
COLLABORATION WITH RELEVANT
ABORIGINAL AND LAND CLAIM
AUTHORITIES - DEVELOP AND IMPLEMENT
AN ABORIGINAL ENGAGEMENT POLICY
FOR THE SPECIES AT RISK ACT.

31. RECOMMENDATION 2:
2. THE GOVERNMENT OF CANADA – IN
COLLABORATION WITH RELEVANT ABORIGINAL
AND LAND CLAIM AUTHORITIES - ESTABLISH AN
ABORIGINAL TRADITIONAL KNOWLEDGE
INSTITUTE TO:
♦ PROMOTE A WIDER UNDERSTANDING OF THE
NATURE AND VALUE OF ATK;
♦ ASSIST IN ESTABLISHING BEST PRACTICES IN
ACCESSING, CONSIDERING AND RELYING UPON
ATK.

32. RECOMMENDATION 2:
♦ ENSURE THAT THE ATK OF CURRENT ELDERS IS
PRESERVED DURING THEIR LIFETIMES;
♦ DEVELOP AND MAINTAIN AN ATK DATABASE AND
AUDIO AND VIDEO LIBRARY;
♦ SERVE AS A FORUM FOR NECESSARY DIALOGUE
AND COLLABORATION – HOLD SCIENCE-ATK
MEETINGS, WORKSHOPS, COLLOQUIA AND
SYMPOSIA;

33. RECOMMENDATION 2:
♦ FACILITATE ACCESS TO THE BEST AVAILABLE ATK
AND THE INCORPORATION OF THAT KNOWLEDGE
INTO STEWARDSHIP, MANAGEMENT, PROTECTION
AND RECOVERY MEASURES FOR SPECIES AT RISK;
AND
♦ FACILITATE AND, WHERE NECESSARY,
PARTICIPATE – THROUGH RELIANCE UPON LOCAL
HOLDERS OF ATK – IN THE GATHERING OF ATK IN
THE STEWARDSHIP, MANAGEMENT, PROTECTION
AND RECOVERY OF SPECIES AT RISK.

34. RECOMMENDATION 3:
3. IMPLEMENT THE FOLLOWING MODIFICATIONS TO
SARA, TO ENSURE THE INCLUSION OF THE BEST
AVAILABLE ATK IN MANAGEMENT PLANS AND
RECOVERY STRATEGIES FOR SPECIES AT RISK:

35. RECOMMENDATION 3:
RECOVERY STRATEGIES
♦ SUBSECTION 41(1)(c): “AN IDENTIFICATION OF THE
SPECIES’ CRITICAL HABITAT, TO THE EXTENT
POSSIBLE, BASED ON THE BEST AVAILABLE
INFORMATION, INCLUDING SCIENTIFIC
KNOWLEDGE, COMMUNITY KNOWLEDGE,
ABORIGINAL TRADITIONAL KNOWLEDGE AND THE
INFORMATION PROVIDED BY COSEWIC, AND
EXAMPLES OF ACTIVITIES THAT ARE LIKELY TO
RESULT IN ITS DESTRUCTION;”

36. RECOMMENDATION 3:
RECOVERY STRATEGIES
♦ SUBSECTION 41(1)(d): “A STATEMENT OF THE
POPULATION AND DISTRIBUTION OBJECTIVES
THAT WILL ASSIST THE RECOVERY AND SURVIVAL
OF THE SPECIES, AND A GENERAL DESCRIPTION OF
THE SCIENTIFIC AND ABORIGINAL TRADITIONAL
KNOWLEDGE RESEARCH AND MANAGEMENT
ACTIVITIES NEEDED TO MEET THOSE OBJECTIVES;”
AND

37. RECOMMENDATION 3:
MANAGEMENT PLANS
♦ SECTION 65: “IF A WILDLIFE SPECIES IS LISTED AS
A SPECIES OF SPECIAL CONCERN, THE COMPETENT
MINISTER MUST PREPARE A MANAGEMENT PLAN
FOR THE SPECIES AND ITS HABITAT, BASED ON THE
BEST AVAILABLE INFORMATION, INCLUDING
SCIENTIFIC KNOWLEDGE, COMMUNITY
KNOWLEDGE AND ABORIGINAL TRADITIONAL
KNOWLEDGE. THE PLAN MUST INCLUDE
MEASURES FOR THE CONSERVATION OF THE
SPECIES THAT THE COMPETENT MINISTER
CONSIDERS APPROPRIATE AND IT MAY APPLY TO
MORE THAN ONE WILDLIFE SPECIES.”

38. RECOMMENDATION 4:
4. IN RESPONSE TO THE CONCERNS EXPRESSED BY
THE STRATOS REPORT AND THE COMMISSIONER
OF THE ENVIRONMENT AND SUSTAINABLE
DEVELOPMENT, REVIEW AND INCREASE AS
NECESSARY THE SARA BUDGET FOR THE
COLLECTION, COMPILATION AND APPLICATION OF
ATK , AS WELL AS FOR THE OPERATIONS OF THE
ATK INSTITUTE.