Details

Subject(s)

• Germplasm resources—Canada [Browse]
• Medicinal plants—Research—Canada [Browse]
• Traditional medicine—Canada [Browse]
• Indigenous peoples—Legal status, laws, etc—Canada [Browse]
• Oral history—Canada [Browse]

Editor

• Oguamanam, Chidi, 1965- [Browse]

Series

Social Sciences

Summary note

When the oral history of a medicinal plant as a genetic resource is used to develop a blockbuster drug, how is the contribution of indigenous peoples recognized in research and commercialization? What other ethical, legal, and policy issues come into play? Is it accurate for countries to self-identify as users or providers of genetic resources? This edited collection, which focuses on Canada, is the result of research conducted in partnership with indigenous peoples in that country, where melting permafrost and new sea lanes have opened the region's biodiversity, underscoring Canada's status as a user and provider of genetic resources and associated indigenous knowledge. This work is an important resource for scholars, corporations, indigenous peoples, policymakers, and concerned citizens as Canada and other countries take on the implementation of Access and Benefit Sharing policies over genetic resources and associated indigenous knowledge. This book is also available as Open Access.

Notes

Title from publisher's bibliographic system (viewed on 04 Jan 2019).

Language note

English

Contents

• Cover
• Half-title
• Title page
• Copyright information
• Contents
• Contributors
• Preface
• Acknowledgements
• Part I The Evolution of the ABS Policy Landscape in Canada
• 1 The ABS Canada Initiative: Scoping and Gauging Indigenous Responses to ABS
• Abstract
• Introduction
• Access and Benefit Sharing: Consensus in Stalemate
• The ABS Canada Research Initiative: Networking, Partnership and Collaboration
• Scoping THE Indigenous Pulse on ABS through Participatory Engagement
• Strategic Research Approach to a Complex Subject
• ABS Issues: Wide-Ranging and Interlinked
• Chapter Synopsis
• References
• Notes
• 2 Canada and the Nagoya Protocol: Towards Implementation, In Support of Reconciliation
• Strengthening Indigenous Participation in the ABS Negotiations: The Role of the ABS Co-Chairs
• Key Provisions of the Nagoya Protocol Relevant to Indigenous peoples
• Consultations on ABS with Indigenous peoples in Canada: A Brief Review
• Bonn Guidelines on Access and Benefit-Sharing (2000-2)
• Post-Bonn Period (2001-3)
• Building Awareness and Scoping ABS (2003-6)
• Developing a National ABS Policy (2006-9)
• Nagoya Negotiations (2009-10)
• Post-Nagoya Protocol (2010-17)
• Canadian Indigenous peoples' Views on ABS
• The United Nations Declaration on the Rights of Indigenous peoples (UNDRIP) and ABS in Canada
• Government of Canada's Principles on its Relationship with Indigenous peoples and Implications for Implementing the Nagoya Protocol
• A Roadmap from Nagoya to Ottawa by 2020
• Leadership
• Urgency
• International Leadership
• Consultations and Engagement
• Community-Level Actions
• Conclusion
• 3 Aboriginal Partnership, Capacity Building and Capacity Development on ABS: The Maritime Aboriginal Peoples Council (MAPC) and ABS Canada Experience
• Abstract.
• Capacity Building and Capacity Development as an Imperative
• Capacity Building and Capacity Development in the Nagoya Protocol (NP)
• A Partnership Strategy for Capacity Building and Capacity Development
• Lessons in Capacity Building and Capacity Development on ABS
• Part II Hurdles to ABS: Conceptual Questions, Practical Responses and Paths Forward
• 4 Unsettling Canada's Colonial Constitution: A Response to the Question of Domestic Law and the Creation of an Access and Benefit-Sharing Regime
• The Limitations of the Existing Aboriginal Rights Framework
• Van der Peet and Gladstone
• UNDRIP and the Nation-to-Nation Framework
• Using UNDRIP as a Guide to ABS Implementation
• 5 Making Room for the Nagoya Protocol in Nunavut
• Brief History of Nunavut
• Nunavut Impact Assessment Regime
• Article 26 of the NCLA: Inuit Impact Benefits Agreements
• Statutory Regime in Nunavut
• Nunavut Scientists Act
• Nunavut Wildlife Act
• Nunavut Research Institute
• Article 5 of the NCLA: Wildlife
• NIRB Decisions Respecting Scientific Research in Nunavut
• The Data and Collection Methodology
• Findings
• Notable Examples
• 6 Implications of the Evolution of Canada's Three Orders of Government for ABS Implementation
• The Convention on Biological Diversity and Nagoya Protocol
• Canada's Constitutional Framework: Constitution Act, 1867 and Constitution Act, 1982
• Royal Commission on Aboriginal Peoples (RCAP)
• The Truth and Reconciliation Commission
• A Nation-to-Nation Roadmap for Indigenous peoples' Interests in ABS
• ABS Beyond an Economic Focus
• Advancing Aboriginal Self-Determination through ABS.
• Overcoming the Trust Deficit and Pushing the Self-Government Envelope
• Provincial Governments: Crucial but Unfelt Partners
• Cases
• International Instruments
• Articles
• 7 Biopiracy Flashpoints and Increasing Tensions over ABS in Canada
• Canada's Contemporary Reality: Flashpoints of Biopiracy and the Mitigating Role of Research Ethics
• Arctic and Marine Areas: Emerging Bioprospecting Hotspot and ABS Flashpoints
• Canada's Official Approach to ABS Implementation: A Critical Assessment
• The Self-Governance Imperative for ABS
• Drawbacks of Non-Recognition of Indigenous Self-Governance
• The Path Forward: Cultivating Indigenous Partnership for Reconciliation
• 8 Applying Dene Law to Genetic Resources Access and Knowledge Issues
• Background and Conceptual Orientation
• Dene Peoples
• Dene Land Claims Agreements
• Indigenous Legal Traditions as Valid Sources of Law in Canada
• Indigenous Legal Traditions
• Issues Involved in Interpreting Indigenous Laws and Legal Orders
• The Dene Laws
• Selected Stories
• Yamoria
• Cheely Brings the Caribou to K'ahbamitue
• The Challenges of Living with Medicine Power
• The Meeting between Humans and Animals
• Summer in a Bag
• Animals Save a Baby
• Taming a Beaver
• Caribou Help
• Bear Medicine Heals All
• Interpretation
• Equality and Interdependency
• Sharing, Reciprocity and Mutual Aide
• Implications for Access to Genetic Resources/Knowledge and Benefit-Sharing Agreements
• 9 Access and Benefit-Sharing in Canada: Glimpses from the National Experiences of Brazil, Namibia and Australia to Inform Indigenous-Sensitive Policy
• Obligations under International Instruments.
• Convention on Biological Diversity (CBD)
• The Nagoya Protocol on ABS (Nagoya Protocol)
• Other Relevant International Instruments
• National Legal Measures
• Brazil
• Namibia
• Australia
• Recommendations for Indigenous-Sensitive ABS in Canada
• Establish an Interim Body
• Harmonized National Framework with Decentralized Administration
• Deferential Permit Types
• Administration of Benefit-Sharing through a National Fund
• Recognition and Protection of the Collective Rights of ILCs Over TK
• National and Regional Legislation
• Books
• Other
• Part III New Technological Dynamics and Research Ethics: Implications for ABS Governance
• 10 Access and Benefit-Sharing in the Age of Digital Biology
• Background
• ABS Mechanisms in Use
• New Ethical and/or Moral Issues Created
• Moral Obligations and Definitions
• Legal and Institutional Approaches
• Economic Utility
• Policy Issues and Implications
• 11 ABS: Big Data, Data Sovereignty and Digitization: A New Indigenous Research Landscape
• The Big Data Phenomenon
• Big Data, Open Data and Openness
• 'Datamania' and Research Involving Indigenous People
• Case for Digital DNA
• Derivatives and ABS
• Data Sovereignty
• 12 Ethical Guidance for Access and Benefit-Sharing: Implications for Reconciliation
• Introduction: Rationale and Goals
• Research Ethics in Canada: CIHR Guidelines and TCPS2
• Ethics in Ethnobiology: ISE Code of Ethics
• Ethical Guidance for Access and Benefit-Sharing in Canada
• From Ethics Policy to Ethical Practice to Ethical Space
• Ethical Space in Practice
• Revisiting Ethical Guidance for Access and Benefit-Sharing in Canada.
• Beyond Ethics and ABS
• 13 Mapping the Patterns of Underestimated Researcher-Indigenous Collaboration: Towards Independent Implementation of ABS Principles
• Who Is Responsible for the Implementation of ABS Principles?
• The Role and Responsibilities of States
• The Underestimated Role and Responsibilities of Providers and Users
• Diversity of Instruments Developed Locally in Canada
• Crucial Contributions from Primary Actors
• Types of Instruments Developed in Canada
• General Framework Instruments
• Contractual Practices
• The Innovative Principles and Mechanisms Included in the Instruments
• Free, Prior and Informed Consent
• Rules on Use of Research Material
• Right to Review and Access Data
• Benefit-Sharing
• 14 ABS, Reconciliation and Opportunity
• Access and Benefit-Sharing in the Shadow of Reconciliation
• ABS: Strategies, Challenges and Opportunities for Canada
• Concluding Reflections
• Index.

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ISBN

• 9781108561556
• 1108561551
• 9781108625241
• 110862524X
• 9781108557122
• 1108557120

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