Emerging Indigenous Protected and Conserved Areas: The Unama’ki Mi’kmaw IPCA Project
By Trish Nash, IPCA Manager, Unama’ki Institute of Natural Resources
April 12, 2021
This blog is based on a presentation requested from the Conservation through Reconciliation Partnership (CRP) to the Williams Treaties First Nations in February 2021. It provides a report on the Unama’ki Institute of Natural Resources’ (UINR) efforts to establish an Indigenous and Protected Areas (IPCA). We hope that the blog can inform Indigenous-led conservation efforts across Canada, specifically around emerging IPCAs.
Pathway to Target 1
In August 2019, the Federal Government announced funding for protected and conserved areas to meet their commitments to conserve 25 percent of both lands and oceans by 2025. The Nova Scotia Protected Areas project supports Mi’kmaw-led conservation and reconciliation and was one of 27 projects across Canada that was successful in accessing this funding. The program has a four-year timeline, ending in March 2023.
The Foundation:
The core of our IPCA work is based on:
United Nations Declaration of the Rights of Indigenous Peoples: “Indigenous Peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programs for Indigenous Peoples for such conservation and protection, without discrimination.”
Truth and Reconciliation Commission Report: “Reconciliation is about establishing and maintaining a mutually respectful relationship between Aboriginal and non-Aboriginal peoples in this country. In order for that to happen, there has to be awareness of the past, an acknowledgement of the harm that has been inflicted, atonement for the causes and action to change behaviour”.
What is an Indigenous Protected and Conserved Area (IPCA)?
IPCA is a term developed by the Indigenous Circle of Experts (ICE) in their We Rise Together Report (2018). UINR’s Executive Director, Lisa Young was a member. An IPCA is defined as “lands and waters where Indigenous governments have the primary role in protecting and conserving ecosystems through Indigenous laws, governance and knowledge systems”.
There are three common properties that exist for every IPCA:
They are Indigenous-led;
They represent a long-term commitment to conservation; and
They elevate Indigenous rights and responsibilities.
Culture and language are at the heart of every IPCA, as they can be important places to heal and revitalize the connection to land and water, share knowledge and practice traditional activities.
The ICE Report also documents the importance of Ethical Space. This is the space created to consider and value different ways of knowing and approaches. To define the terms of the relationship, UINR created a shared understanding agreement that outlines terms for a new way of working with Crown governments. This has been extremely important for our IPCA work in Unama’ki (Cape Breton Island), as it establishes the foundation moving forward.
About the Land Relationship:
Nova Scotia is in the unceded traditional territory of the Mi’kmaq. This means that the Mi’kmaq never surrendered their traditional lands through treaties or other means. The Mi’kmaq have an inherent right to access and use resources, the responsibility to use these gifts wisely and the belief that all elements of the natural world are tied together in a spiritual way. The guiding principle of Netukulimk is based on sharing and generosity, a respectful relationship in the natural world and protection of all gifts from the Creator for future generations.
Mi’kmaw communities in the province of Nova Scotia (Mi’kmawey Debert Cultural Centre).
There are presently 13 Mi’kmaw communities in the province of Nova Scotia. The Unama’ki Institute of Natural Resources (UINR) represents the five Mi’kmaw communities on Unama’ki (Cape Breton Island) and is the leading voice in ensuring environmental responsibility.
Governance:
The Mi’kmaw IPCA initiative in Nova Scotia is led by the Assembly of Nova Scotia Mi’kmaw Chiefs. The Assembly considers the establishment of IPCAs as an important step to conserving land and water for current and future generations. The work is coordinated through four groups: the Confederacy of Mainland Mi’kmaq (MCC), Eskasoni Fish and Wildlife Commission, Kwilmu’ku Maw-klusuaqn Negotiations Office (Mi’kmaq Rights Initiative) and UINR. Continuous support and validation from Mi’kmaw communities are essential to the process.
Current governance structure for Mi’kmaw IPCAs in Nova Scotia.
To secure private lands, the four Mi’kmaw organizations are working to develop the Sespite’tmnej Kmit Knu Conservancy. The name was chosen and approved by the Assembly of Nova Scotia Mi’kmaq Chiefs and means “let’s take care of our homeland”. Based on the land trust model, the Conservancy will use Mi’kmaw principles, values and laws to identify and purchase land, accept donations and hold easements. The Conservancy is expected to be incorporated in 2021.
UINR and CMM are also working with Dalhousie University graduate student Anastasia Papadopoulus, who is conducting research on IPCA governance in Nova Scotia. Her work, supported by the Conservation through Reconciliation Partnership, identifies critical factors and opportunities needed to create operating space for IPCAs.
Beginning the UINR IPCA Journey:
In 2012, UINR prepared a report in support of an application to the Historic Sites and Monuments Board, to designate the outstanding Mi’kmaw cultural landscape (trail, cave and Islands) in Cape Breton as a National Historic Site (UINR 2012). The designation was not completed due to mapping requirements. However, the Kluscap Wilderness Area was designated in 2015 by the Province of Nova Scotia which includes the cave and a portion of the mountain.
For the Challenge Fund project, UINR held engagement sessions in 2020 with Elders and other Knowledge Holders from the five Mi’kmaw communities in Unama’ki. Sessions were held to discuss the IPCA concept and identify a possible site. Findings were used to prepare the Tan Telolt’ik Report which translates to “how are we doing now?”, and provides guidance for the IPCA process, an IPCA decision-making framework and support for a Kluskap IPCA.
The IPCA decision-making framework is comprised of four central themes, each with a number of underlying principles. A Mi’kmaw youth at Kluskap’s Cave is in the centre of the circle.
Grounded in the Legend:
Kluskap is a central figure in Mi’kmaw stories and legends, and Kluskap’s home, Kluskapewiktut, is a sacred site that draws Mi’kmaq from across Atlantic Canada. Many Mi’kmaq consider the cave to be the centre of the Earth and the place where Kluskap will return one day. Clifford Paul, Moose Management Coordinator at UINR, explains the legend in this video:
Through discussions in 2020, it became clear that a number of features were important to the Kluskap story: the cave (Kluskap’s home), the mountain (where the little people live), the Bird Islands (Kluskap’s broken canoe) and the adjacent coastal and marine areas. Based on these features, an area of interest was identified for the IPCA.
Map of area of interest for Unama’ki Mi’kmaw IPCA project.
The area of interest contains an internationally important bird area (IBA), a marine Ecologically and Biologically Sensitive Area (EBSA), the provincial wilderness area (green), provincial crown lands (pink) that have active licenses for forestry and mining operations, an island owned by the Nova Scotia Nature Trust, federal crown lands and several private lands. A federal marine protected area is 80 km to the east. The diverse land tenures and jurisdictions, the use of a landscape / seascape approach and the populated land base in Unama’ki makes the creation of this IPCA unique in Canada.
Challenges:
It is difficult to discuss the need to acquire property on the unceded traditional territory of the Mi’kmaq. The IPCA is an opportunity to recognize Mi’kmaw title and rights and embrace Mi’kmaw values - values that serve us all well and conserve biodiversity and fight climate change.
Access to the Cave is on a 1.7 km long trail, down a cliff and over a stream. The trail crosses several private properties, now being sold by descendants of the original settler families. We reached out to residents and landowners in the Kluskap’s Cave area, and they are extremely supportive of the IPCA. Due to limited funding, parcels of land were ranked in order of priority for inclusion in the IPCA.
Crown governments and the Nova Scotia Nature Trust have been assisting us to better understand the legal options to secure lands for the IPCA. In January 2021, UINR purchased a key property that contains the trailhead, first section of the trail and a large portion of the coastline that overlooks the Bird Islands. This property will eventually be transferred to the Conservancy and is the first for an IPCA in Nova Scotia!
The trail and cave are sacred and have never been developed or publicized for public use. Visitation by non-Mi’kmaq has increased significantly over the last five years and has resulted in degradation of the trail and large amounts of graffiti appearing along streams and in the cave. Mi’kmaw Elders are concerned with the lack of respect being shown at the site and for the safety of visitors. We are working with the Province of Nova Scotia to address these issues, and recently submitted a proposal to the federal EcoAction Community Funding Program to rehabilitate the streams and riparian zones, remove graffiti and mitigate further impact.
Article in the Chronicle Herald about growing concerns over the lack of respect of hikers have for the Kluscap’s Cave area.
A New Way of Working Together:
IPCAs provide an important opportunity to build relationships and use new approaches based on reconciliation and recognition of rights. The colonial approach to protecting wilderness has been to exclude the public, but the Mi’kmaq see themselves as a vital part of the natural world. For the IPCA to be Indigenous led, we need to ensure:
Community engagement is ongoing and will continue for all stages, to guarantee the long-term protection of the IPCA. The pandemic has impacted our ability to engage with Mi’kmaw communities, but we have used Elder walks, online meetings and a Mi’kmaw-led webinar series as new ways to “meet”. We are now planning to involve communities in the naming of the proposed IPCA and hope to hold a youth day camp at the site this summer if conditions allow.
Words and definitions are important. For example, there is a difference between co-governance and co-management. The Mi’kmaq don’t see themselves as being dominant or managing the environment, therefore we use the term co-governance based on a nation-to-nation arrangement to decision-making.
Intellectual property / Indigenous knowledge must be protected. New wording and protocols are being developed for use in several agreements to ensure Indigenous knowledge isn’t shared or used without proper consent.
A shared understanding agreement sets the terms to co-govern the existing Kluscap Wilderness Area and include it in the new IPCA. Sections on Mi’kmaw laws and values, the importance of the site, rules of engagement and responsibilities define the new relationship. We will also look at amending the legal term ‘wilderness’ to include traditional Mi’kmaw practices.
A table of contents for the IPCA plan has been developed by UINR and will be circulated to Crown governments and partners to seek input. This will be a living guide for lands and waters in the IPCA and outline the requirements for long-term protection of features and values.
A conservation land trust model that is based on Mi’kmaw principles, values and laws is being developed to acquire and hold private lands. This can be a complex process and requires legal advice and tax considerations and varies depending on the citizenship of the landowners.
The proposed IPCA provides an important opportunity to bring governments, departments and organizations together. The land /seascape approach requires an open and transparent process that does not get stalled with perceived powers. Monthly meetings and Ethical Space allow us to understand each other and our beliefs, share our experiences and support each other.
Integration of Earth Keepers / Guardians programs will be integrated into education, monitoring, compliance and care of the IPCA. Long-term funding will be required to support the critical role of Earth Keepers.
It is all about the relationships: new relationships with governments, other Indigenous Nations, environmental organizations and the land and water. This is reconciliation in action!
Stay tuned as we continue to develop the IPCA, complete the final two years of the Challenge Fund, and contribute to Canada’s commitments on the Pathway to Target 1: https://www.uinr.ca/