Making a Difference: Quality in a New Era of Cultural Impact Assessment CIA and Traditional Use Studies TUS

1. Making a Difference: Quality in a New Era of Cultural Impact Assessment (CIA) and Traditional Use Studies (TUS) Craig Candler, PhD (Cultural Anthropology) ccandler@golder.com or (250) 361-5065 February 2007 Thanks to hosts, organizers, and elders.

2. Key Questions Are we in a new era of CIA? Why is quality so important? Who decides what quality is? How do we get good quality in cultural impact assessments and TUS?

3. What is a Cultural Impact? The Canadian Environmental Assessment Act � specifically refers to �physical and cultural heritage� in the definition of �environmental effect�: �any change that the project may cause in the environment, including any effects of such change.. ., on physical and cultural heritage, on the current use of lands and resources for traditional purposes by aboriginal persons, or on any structure, site or thing that is of historical, archaeological, paleontological or architectural significance�(Section 2(l)). The Canadian Environmental Assessment Agency acknowledges that there are two aspects of cultural heritage: tangible and intangible. This guide refers to tangible cultural heritage resources only�

4. A Cultural Impact is� Any project effect (+/-) on Tangible cultural heritage (places, sites, resources); Intangible cultural heritage (language, values, stories, place names); Current use of lands and resources for traditional purposes by aboriginal persons; Any structure, site or thing that is of historical, archaeological, or architectural significance. Culture is on the inside and outside. It is connected to place, but taking care of place is only part of the picture. Culture is also DYNAMIC

5. What is the goal of CIA? �We will measure our success not by how much land we�ve got, but by the health of our people. If the state of our people is an indication of our success and if nothing changes in our communities, then we�ve failed.� -Satsan (Herb George) Consideration of place is familiar. Is it adequate?

6. A new era? Ten years ago, aboriginal interests, and related technical studies (TUS/TEK, SEIA, cultural impact assessment) were often �second rate� EA components, rarely had much effect on decisions. Today they are critical to the success of new and developing projects: well documented cultural interests are potential show stoppers for big projects (UR, Kemess North) Why????

7. Consultation and Accommodation Buzzwords that are redefining the power of Aboriginal Peoples within impact assessment and resource development across Canada. Defined by recent Court decisions (Haida-Taku 2004, Mikisew 2005, Dene Tha� 2006) Western Canada is a heartland of these debates. Consultation and Accommodation ��is not a mere incantation, but rather a core precept that finds its application in concrete practices� Haida [2004], para. 16.

8. The Consultation Spectrum Adequate Consultation exists on a spectrum defined by EVIDENCE: �the scope of the duty is proportionate to a preliminary assessment of the strength of the case supporting the existence of the right or title, and to the seriousness of the potentially adverse effect upon the right or title claimed.� Haida [2004], para. 39. Cultural Impact Assessment, especially TUS, are taken VERY seriously as concrete practices that provide evidence of interest in the contexts of consultation.

9. Communities have power Where cultural impacts may exist, and where communities make them a top priority, communities can: Push for better quality cultural impact assessment Push for innovative mitigations and accommodation Practitioners and researchers can support, but the power is held by communities, regulators, and proponents.

10. If CIA can kill a major project� If CIA may kill major projects, the quality of baseline and assessment will almost certainly come under scrutiny by: Companies Communities and elders Regulators The Challenge: Communities, companies and regulators all often have difficulty with the QUALITY of cultural impact assessment research, all for different reasons.

11. TEK, TUS and Cultural Impacts

12. Standards of quality in TUS* Reliability (replicable) Accuracy (temporal and spatial) Validity (says what is says it says) Consistency (follows a method) Integrity (data can be traced) Compatibility (software, process) Representativeness (sample)

13. Other marks of quality Asking the right questions to the right people in the right contexts; Consistent methods and documentation controlled and maintained by communities; Long term, sustainable and relevant information management (more than paper reports); The study itself supports transmission of cultural knowledge to younger generations; Openness and creativity on all sides with attention to recognizing and resolving issues; Reporting back by proponents and regulators to communities; Evaluation of what went well, what didn�t, and why.

14. Case Study: Traditional Medicine

15. Who decides what quality is?: When nobody challenges or scrutinizes then quality may not matter. BUT, when they do� What standards of quality do elders or communities look for? Companies and proponents? Regulators?

16. Quality really matters when� Hard decisions have to be made; Trust levels are low; There are big differences at the negotiation table; Anytime you have to go to court. With quality CIA, people have confidence in the study and there is firm ground to work from.

17. Who pushes for quality? Communities are the strongest players in pushing for quality cultural research, and are most able to implement legislative change; Experienced and professional practitioners who understand methods, goals, and ethics of cultural research; Proponents who want certainty; Regulators who want strong decision making tools that reflect community values. CAUTION: Quality is not bureaucracy

18. Is it time? In most jurisdictions (the North being a possible exception) there are few firm standards of quality. No registered professional association; Minimal provincial or federal guidance or legislation; Often no firm requirements (on paper so they are hard to ignore) from Aboriginal governments. Considering the importance of CIA issues, we all benefit from working together. Hooray for this conference!!!