Aboriginal Traditional Knowledge versus Modern Science The mutual appreciation of two worlds

1. Aboriginal Traditional Knowledge versus Modern Science The mutual appreciation of two worlds Pierre S. Haddad PhD Department of PharmacologyUniversité de Montréal 2011 GPS Event # 1: “GenomicsResearch and IntellectualProperty”,Ottawa, April 28, 2011 This talk is dedicated to the memory of Elders Sam Awashish, René Coon Come, Smally Petawabano and Sally Matthews http://www.taam-emaad.umontreal.ca

2. WHY AM I HERE ?? • Bring point of view of Canadian Aboriginals (First Nations, Inuit and Métis) • Bad start : I’m NOT a Canadian Aboriginal • Origins = S. Mediterranean + N. Africa/Middle-East • Point of view of an academic doing research on Aboriginal Health

3. How does Aboriginal Traditional knowledge link with genomics research?? • Hint from the Convention on Biodiversity • Access and Benefit Sharing (ABS) relating to Genetic Resources • Genetic resources in a broader sense • Includes Aboriginal Traditional Knowledge • Can be seen as an expression of human genomics (past genes, past proteins, past even behavior) • And Related IP

4. what does intellectual property mean for aboriginals?? Challenging issue • They see themselves more as custodiansof Knowledge rather than actual owners • They are inspired by Natural Laws that puts their Knowledgeat the service of othersas opposed to personal benefit • They say that Knowledge is acquired AND gifted • They feel a responsibility to protect Traditional Knowledge

5. … and how can this traditional knowledge be protected?? • Case study of the Canadian Institutes of Health Research (CIHR) Team in Aboriginal Antidiabetic Medicines

6. Legaré et al, 2004 – Project of Diabetes Surveillance amongst the Cree of Eeyou Istchee The People & their territory: The Eeyouch (Cree) of EeyouIstchee • Population • 15,000 Eeyouch (Cree) • 9 communities • 6 communities involved • in research project

7. Two problems addressed by the research project • The nearabandonment of Cree healing practices and practitionersfrom the 1950s or so. • Nursing clinics Cree HealthBoard 2) The sudden rise of the diabetes ‘epidemic’ from the 1990s.

8. Problem 2: Diabetes in northern Quebec Cree community 2009 Crudeprevalence of T2D in adults > 20 in EeyouIstchee area Prevalance (%) Age-adjusted prevalence of T2D in 200929%!!! 25.5% Prevalance (%) 21.6% 17.7% Modified from Cree Board of Health and Social Services of James Bay - CBHSSJB (2005) 8.1% 7.6% 7.0% Years Kuzmina E, Lejeune P, Dannenbaum D, Torrie J. 2010. CREE Diabetes Information System CDIS): 2009 Annual Update. Chisasibi, Québec: Cree Board of Health and Social Services of James Bay

9. Explore Boreal forest plants traditionally used by the Cree to target symptoms related to diabetes Goal: identify anti-diabetic plants which can be used by the community to help treat diabetes How? - Collaborative Multidisciplinary Approach Cree Traditional Knowledge Ethnobotany Phytochemistry Pharmacology Toxicology Clinical sciences Health systems and policy CIHR-TAAM RESEARCH PROJECT

10. Specificconcerns of Elders, communities, Grand Council of the Cree and Cree Board of Healthconcerningthisproject • Safety issues in usingtraditionalmedicines for diabetes care • Unsupervised use of medicines by others (healthconcern) • Question of partnershipbetweenElders and Researchers • Use of Eeyouknowledgewithout consent • Ownership of intellectualproperty

11. Weaklegal protection ofAboriginalTraditionalKnowledgein Canada • Ratified Convention on Biodiversity in 1992 • However, no legislation to protectAboriginal TK • Intellectualpropertylaws not welladapted • Fundingagencies’ policiesexistsince 2008 • Thus, Best Approach = • Agreements to governtransfer and use ofAboriginal TK

12. Eeyouanti-diabetic plants Research Agreement Parties: • 6Cree (Eeyou) communities • Cree Board of Health & Social Services of James Bay • 3 Universities (Montréal, McGill, Ottawa) • 1 universityhospital (CHUM)

13. Key principlesof agreement • Confidentiality and Eeyou control over TK • Review of publications • Collaborative research • Joint ownership of intellectualproperty • Benefit-sharing

14. 1. Confidentiality of TK and Eeyou control over use • Eeyoumedicinalknowledgeisconfidential • Prior informed consent must beobtainedfrom Band and EldersCouncilsand individualparticipants • Consent of Elders and communitiesisnecessary to publish or transferknowledge • Can onlybeused for specificresearch; consent necessary to change/expandproject

15. 2. Review of publications • Very important part of scientificresearch • Riskthat TK isdisclosedinappropriately • Solution = FormalReviewProcess • Summaryand translation into Cree • Elders and communitiesreview publications prior to itbeing sent to editor • Comments and extraction of TK if necessary

16. Working Procedure for Review of Publications and Similar Documents As early as possible +4 -2 -1 0 -13 -8 -4 weeks Researcher travels to discuss results with Elders Researcher provides new version Other researchers, RC, or communities determine if CI has been withdrawn; if not, cannot be published. If RC and/or communities disagree with interpretation, article can be published, but RC and comm can include statement. Researcher provides all parties with final version as it will appear in print. Elders obtain text and hold meeting to discuss Publication deadline • Comments • Research Cttee (RC) and communities concerned integrate Elders’ comments, tell researcher: • if any parts should be kept confidential • what changes they recommend • Researcher extracts confidential information (CI) and makes efforts to integrate comments. • No comments • RC and communities indicate which type of statement, if any, they want integrated. Submission for publication may proceed. • Researcher provides draft & summary for • other researchers • representatives of Cree Health Bd • concerned communities • Plain-language summary is prepared and translated into Cree RC and comms provide statement re level of support

17. 3. Collaborativecommunity-basedparticipatoryresearch • Respect for Cree culture and knowledge • Transparency • Regularmeetings • Reports to communities • Reviewof publications • Acknowledgement of Elders in publications • Communitiesinvolvedin all stages • Sharing ideas and knowledge • Interpretation of results

18. 4. Joint ownership of intellectualproperty • Results and IP are jointlyowned • Elders/communitymembersconsidered as co-authors, depending on contribution • Patent is a possibility but not best suited to protect TK • Danger of commodification of Aboriginal TK • Yet, minds are open (Communitiesand Elders have provided consent concerning initial steps for one invention) • Patenting:needs consent of Researchers and Universities as well as communities (with consultation of Elders) • 50% +1 ownership for the Cree entities; the rest for Universities

19. 5. Benefit sharing • Sharing of scientificknowledge • Jobs (1 full-time and occasional) • Herbaria, othermaterials • Training, apprenticeship (in progress) • If commercialisation,non-profit corporation created(50% +1 Cree ownership) • Revenues to beused for • The preservation (passing on) of YK • The inclusion of TM intohealth care • The continued collaborative researchwithacademicscientists

20. Take home messages 1) Respect = Treat Canadian Aboriginals as peers Canadian Aboriginal TK as valuable as that of any other Canadian Elders = Aboriginal Intellegentia ; Knowledge holders/keepers/transmitters ; Experts in many fields (health, forest resource management, climatic change, etc) 2) Respect = Truly Mutual ?? Involve Canadian Aboriginals from the onset of discussion (not as an afterthought) 3) Respect = Take action Let Aboriginal knowledge/wisdom permeate POLICY

21. MEGWETCH!! Thankyou!! Haddad lab CIHR-TAAM Annual retreat at Mistissini (2010)