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Traditional Knowledge in National Energy Board Consultation and Environmental Assessments

The Federal Government’s recent Discussion Paper on modernizing the National Energy Board (NEB) and incorporating Indigenous Traditional Knowledge (TK) into the Environmental Assessment process raises a number of important questions. Chief among these is how the federal Crown perceives its duty to consult Indigenous nations where their rights may be infringed. From a decision-making standpoint,…
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Intellectual Property Rights and Indigenous Traditional Knowledge: A WIPO Guide

The World Intellectual Property Organization recently published an introductory guide to intellectual property for Indigenous peoples and local communities. The full publication can be found here. This post briefly highlights key elements of the report, and points out areas where conventional, Western IP approaches remain inadequate to the task of protecting and preserving Indigenous traditional…
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Leader Turned Laggard? Canada, the Nagoya Protocol, and the Road Ahead

As discussed elsewhere on this site, the Nagoya Protocol is a supplementary agreement to the Convention on Biological Diversity (CBD), which came into force in 2014. Its stated purpose is to help achieve the third goal of the CBD, namely the “[f]air and equitable sharing of benefits arising from the use of genetic resources.”  Canada…
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Inuit and Federal Governments to Join Up to Protect Marine Biodiversity

The federal government and Inuit of Labrador recently came to an agreement called the ‘Imappivut’ (meaning ‘Our Waters’) initiative that incorporates Inuit Traditional Knowledge (TK) to develop a marine management plan for 380,000 square kilometers of the far east end of the Northwest passage. The zone will be split into two areas, one which extends…
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