Tag Archives: intellectual property

Module Three – Decolonizing Tools + Protecting Stories

The topics I explored in this module relevant to our course are decolonization, research and intellectual property. My research interest, traditional stories, connects to all these areas, and I was curious what practical resources related to these topics are available to storytellers and educators in the media age.

(1) This week! July 20-21, 2017: First Nations Language Conference, Vancouver

Stories are told best in their own language. What decolonizing language initiatives are out there? This week’s Language Learning on the Land conference presented by First Nations Education Steering Committee (FNESC) in Vancouver, BC might have some answers! Here is the summary:

The First Nations Education Steering Committee is pleased to present the First Nations Languages Conference, which is a major networking and professional development opportunity for BC’s school and community-based First Nations language educators and advocates. Together, we will explore the conference theme, Language Learning on the Land, and engage in workshops about First Nations languages teaching methods, assessment tools, advocacy, and technology.

The FNESC is a collective organization focused on “advancing quality education for all First Nations learners” that appears to be very active in organizing a vast array of initiatives, events and programs, such as the upcoming First Nations Language Teacher Mentor-Apprentice Program, Science First Peoples Workshop and Annual Aboriginal Education Conference.

(2) Authentic First Peoples Resources K-9

This resource deserves its own mention. The First Nations Education Steering Committee and First Nations Schools Association partnered up in 2011 to produce a publication of authentic materials. After an open call to Canadian publishers, BC educators developed an annotated list of resources. The guide defines authentic First Peoples texts and helps educators “make appropriate decisions about which of these resources might be appropriate for use with their students.” Updated in 2016, it asserts copyright under Canadian law. Within the document, it gives extended credit to authors, illustrators and contributors under each annotated listing, acknowledging communities and traditions. The free download is available here; printed copies may be ordered.

(3) Decolonizing Pedagogies

It seems appropriate as we move into our instructor’s readings, to cite one of Dr. McGregor’s relevant previous works. Decolonizing Pedagogies is a Teacher Reference Booklet prepared for the Aboriginal Focus School at the Vancouver School Board in March 2012. Fortunately for teachers in British Columbia and beyond, it still lives online. It is intended to explore:

What does “decolonizing pedagogies” mean? Why are decolonizing pedagogies important? What have educational scholars said about decolonizing pedagogies in Aboriginal education? How can decolonizing pedagogies be used in history education? What are the challenges of using decolonizing pedagogies?

What is the difference between revising content and pedagogy? As explained in the document:

Revising the content of education to better reflect Indigenous perspectives is often the focus of curricular reform. However, revising pedagogy used to produce and transmit Indigenous curriculum content can be equally important to effectively changing educational practice to make it more inclusive, holistic and reflective of Indigenous ways of teaching and learning.

A primary takeaway at the end of the document is to remember that decolonizing education is not only about integrating Indigenous content; it is about examining power relationships. The Resources list at the end provides further reading for examination.

(4) Social Sciences and Humanities Research Council (SSHRC) Aboriginal Research

How is research evolving and decolonizing in Canada to include Indigenous methodologies and perspectives? I looked at the Social Sciences and Humanities Research Council of Canada’s Aboriginal Research page to find out. Among many links, it lists tools to support applicants working in Aboriginal research, such as:

The page also links to resources for those involved in Aboriginal research, including: Royal Commission Report on Aboriginal Peoples, Final Report of the Truth and Reconciliation Commission of Canada, National Centre for Truth and Reconciliation, Universities Canada principles on Indigenous education, Indigenous Education Protocol for Colleges and Institutes, Federation for the Humanities and Social Sciences: Reconciliation and the Academy and Parks Canada Indigenous Affairs Branch.

SSHRC is active in current research funding, as evidence by its March 16, 2017 press release titled, “Government of Canada Invests in Indigenous Research Projects.” Watch this space!

(5) Law, Research and Working Papers on Intellectual Property (IP)

Here are a few sources I discovered related to IP and cultural appropriation:

(i) First, the Intellectual Property Issues in Cultural Heritage (IPinCH) project was a seven-year international research initiative based at Simon Fraser University (2008-2016) that explored “rights, values, and responsibilities of material culture, cultural knowledge and the practice of heritage research.” The project is a practical resource and a network of support for communities and researchers. IPinCH does not appear to have materials after 2016, but does contain excellent articles such as “The Appropriation of Aboriginal Cultural Heritage: Examining the Uses and Pitfalls of the Canadian Intellectual Property Regime” published in November 2015. This project was funded by the SSHRC.

(ii) Moving back in time, Indigenous Traditional Knowledge and Intellectual Property Rights is a paper published by the Parliamentary Research Branch of the Library of Parliament of Canada in 2004. It addresses:

  • how Indigenous traditional knowledge differs from western science;
  • why and how to protect traditional knowledge;
  • limitations of the intellectual property rights regime; and
  • international initiatives in protecting traditional knowledge.

(iii) Finally, for historical context, I discovered “Intellectual Property and Aboriginal People: A Working Paper” published by the Research and Analysis Directorate of the Department of Indian Affairs and Northern Development and the Intellectual Property Policy Directorate of Industry Canada in 1999. Almost 20 years on, it may not be a current legal resource, yet many of the fundamental principles remain, and such a document can provide a reference to understand how far we have (or have not) come in regards to IP law reform.

For current legal advice on IP matters, it is advisable to turn to Indigenous practices within law firms, and Indigenous law firms such as OKT, whose central philosophy is that “there will be no real justice until Indigenous peoples have control over their own fates and futures” and works for clients who want to use Canadian law as a means to help achieve this goal and achieve success on their terms.

Module 2 Weblog – Anne Coustalin

Module 2 examined stereotypes and the commodification of indigenous social reality. My weblog for this module explores some of those issues but it also continues to represent my search for understanding using the two-eyed seeing approach. This entry contains several examples of online resources that support teachers in growing their understanding of the many complicated issues and understandings involved with the integration of traditional Western and Indigenous approaches to learning.

Math Catcher: Mathematics Through Aboriginal Storytelling

Math Catcher is an initiative launched by various educational institutions and the Centre for Interdisciplinary Research in the Mathematical and Computational Sciences. It is based on the belief that it is crucial to engage Aboriginal students in mathematics and science at an early age. The program supports various initiatives including a math camp and a series of film resources for classroom teachers. The films feature a small indigenous boy named Small Number and they explore various mathematics and science concepts through First Nations imagery and storytelling.  The films are made in a variety of First Nations languages and in English. I have personally seen some of these films used in the classroom to great effect.

FNESC (First Nations Education Steering Committee): Science First Peoples

This is a free downloadable online resource for teachers that introduces teachers to the understandings necessary in order to effectively integrate First Nations ways of knowing into their science teaching. FNESC has previously published similar guides for Mathematics and English. The guide details how teachers can use various place-specific themes to explore issues that are relevant to Western and Indigenous cultures. It also provides suggestions for how teachers can develop local resources to support their practice and it provides information on indigenous ways of knowing and worldviews. This resource focuses on how Western and Indigenous understandings of science are complimentary. It does not value one above the other. This approach is helpful to teachers struggling with concerns that Indigenous and Western ways of knowing may be antithetical.

Integrating Western and Aboriginal Sciences: Cross-Cultural Science Teaching

This paper by Glen Aikenhead was published in 2001. It discusses the integration of Western and Aboriginal Sciences in a fascinating way. It views the process of “coming to knowing” of science as a cultural negotiation in which students must experience learning as a cross-cultural event.  “Success at learning the knowledge of nature of another culture depends, in part, on how smoothly one crosses cultural borders. . . In short, a science teacher needs to play the role of tour-guide culture broker”.  The educator makes border crossing explicit and is clear about which culture they are talking in at any given moment. The students could be exploring the culture of Western science in the context of Aboriginal knowledge or vice versa. This article has given me a great deal to think about as it introduces the importance of identifying the colonized and the colonizer and teaching the science of each culture. The article seems to focus primarily on teaching Aboriginal students.

Enabling the Autumn Seed

This paper by Mary Battiste was first published in 1988 but it has been reprinted many times and can be easily found online. In her paper, Battiste rejects the idea that the “add and stir” model of integrating indigenous knowledge and cosmology holds any promise as a means of reconciliation or Aboriginal student success. She contends that in order for education to be meaningful for Aboriginal students, it must include content in the form of language, epistemology and ontology. She emphasizes that Aboriginal language must be embraced and nurtured in education and that language is not simply a series of sounds but rather the socialization of language and knowledge, ways of knowing, and nonverbal and verbal communication.

Assembly of First Nations: Aboriginal Traditional Knowledge and Intellectual Property Right

This discussion paper was published in   It discusses the problems with the concept of Intellectual Property (IP) as it relates to Aboriginal Traditional knowledge. Aboriginal Traditional knowledge (ATK) is explained and discussed, as is the concept of ownership as it exists in the context of ATK. The crux of the argument is that the IP system is not suitable for protecting ATK, because it demands that ATK fully conform to western epistemology and be proven through western empirical methods in order to be considered valid. It claims that using the notion of “academic rigour” to determine validity of ATK is another form of cultural imperialism. Ultimately it urges the reform of IP laws and the creation of a separate legal regime within the IP system in order to provide legal protection to ATK.

Aboriginal Educational Resources-Thompson River University

A large collection of resources available to educators.  Website resources include: education, environment, wellness and arts.  There are also a section that deals with traditional knowledge and intellectual property that provides links to documents such as one from the Parliament of Canada dealing with this topic.

http://www.tru.ca/aero/faculty/web_resources.html

Module 4 Post 4

Aboriginal Traditional Knowledge and Intellectual Property Rights

This is a link to a discussion paper on Aboriginal Traditional Knowledge and Intellectual Property Rights produced by the Assembly of First Nations. It is 20 pages in total and makes interesting reading. The document is not dated but it contains a reference to an article published in 2009 in the suggested reading section. Related links are also included at the end of the document.

Australian Indigenous cultural and intellectual property rights

There seems to have been some really good work produced on Australian Indigenous cultural and intellectual property rights. The Our Culture: Our Future (1999) report provides a comprehensive insight into Indigenous cultural and intellectual property protection. The New Tracks (2012) document is an interesting response to the call for feedback from Indigenous people on future directions about Indigenous knowledge and intellectual property.

Indigenous culture and intellectual property

http://www.aitb.com.au/information-sheets/entry/indigenous-cultural-and-intellectual-property-icip

ICIP stands for “Indigenous Cultural and Intellectual Property”.  As stated on the website, “ICIP refers to all the rights that indigenous people have, and want to have, to protect their traditional arts and culture”.  This website explains what the ICIP covers, and how the Australian law protects the ICIP.

Parliament of Canada – indigenous Traditional Knowledge and Intellectual Property Rights

http://www.parl.gc.ca/content/lop/researchpublications/prb0338-e.htm

This website contains information released by the Parliamentary Research Branch of Canada.  It explains how the indigenous traditional knowledge is different from western science, and why it is important to protect traditional knowledge.  A list of references, as well as electronic copies of reports are included.

Intellectual Property Issues in Cultural Heritage: Theory, Practice, Policy, Ethics

http://www.sfu.ca/ipinch/

“The Intellectual Property Issues in Cultural Heritage (IPinCH) project is a seven-year international research initiative based at Simon Fraser University. Our work explores the rights, values, and responsibilities of material culture, cultural knowledge and the practice of heritage research.” I find the blog, “Appropriation (?) of the month”, particularly interesting. There are also some excellent teaching resources that I will be fully investigating.