Indigenous Protected and Conserved Areas

This Learning Module describes lands designated as parks and other protected areas by Indigenous Nations, which is one of two distinct perspectives on protected areas in British Columbia (BC).  The other distinct perspective is protected areas designated under BC legislation, which is covered under a complementary Learning Module.

In 2018, a group called the Indigenous Circle of Experts produced a report called We Rise Together.  This report has become an essential source of information about Indigenous Protected and Conserved Areas (IPCAs).

About Indigenous Circle of Experts

The Indigenous Circle of Experts was formed to contribute to Canada’s goal, the Pathway to Canada Target 1, to protect at least 17% of terrestrial areas by 2020.  Members of the Indigenous Circle of Experts include a core group of Indigenous experts from across Canada in collaboration with representatives of federal, provincial, and territorial jurisdictions.  The We Rise Together report by Indigenous Circle of Experts presents recommendations to promote greater recognition and support for existing Indigenous rights, responsibilities, and priorities in conservation.  The report also provides guidance to Indigenous, provincial, territorial, and federal governments about legal mechanisms to formally recognise and establish Indigenous-led protected areas.  As the report states, “An Indigenous government’s decision to establish an IPCA [Indigenous Protected and Conserved Area] is an assertion of sovereignty, and should be responded to on a Crown-to-Indigenous government basis.”^[1]

The term “Indigenous Protected and Conserved Areas” (IPCAs) is used by the Indigenous Circle of Experts to encompass different approaches and outcomes of Indigenous-led conservation efforts.  As stated in the report,

Different terms may be used to describe initiatives by Indigenous governments and communities to assert their stewardship for their territories and areas. Examples are Tribal Parks, Indigenous Cultural Landscapes, IPAs [Indigenous protected areas] and Indigenous conserved areas.  For the purposes of this report, ICE [Indigenous Circle of Experts] has adopted the term Indigenous Protected and Conserved Areas, or IPCAs, to describe these types of initiatives in the Canadian context.^[2]

The aim is to develop new Indigenous-led protected and conserved areas.  By definition, IPCAs “are lands and waters where Indigenous governments have the primary role in protecting and conserving ecosystems through Indigenous laws, governance, and knowledge systems.”^[3]  By this definition, IPCAs do not include protected areas known as Conservancies, which are lands designated under BC’s Parks Act (refer to Learning Module.  Parks and Protected Areas).

The information presented in this module is a summary of key points from the We Rise Together report by the Indigenous Circle of Experts.  We strongly recommend that readers consult the original report for more details.  In addition, we identify BC-based IPCAs.

All page references herein are to the ICE report, unless indicated otherwise.

Characteristics of IPCAs

Based on their review of existing IPCAs, both in Canada and elsewhere, the Indigenous Circle of Experts identified three essential elements that characterise IPCA governance and management,^[4] as follows.

IPCAs are Indigenous-led

Indigenous governments have the primary role in determining the objectives, boundaries, management plans and governance structures for IPCAs as part of their exercise of self-determination.

There may be a range of partnerships to support these acts of self-determination, including with Crown governments, environmental NGOs, philanthropic bodies, or others.

IPCAs are, in essence, Indigenous-led conservation initiatives that reflect the objectives and needs of their respective nations or governments and emerge through transparent negotiations.

IPCAs represent a long-term commitment to conservation

Indigenous Peoples take a multi-generational view of stewarding their territories.  Therefore, an IPCA represents a long-term commitment to conserve lands and waters for future generations.

IPCAs elevate Indigenous rights and responsibilities

Indigenous Peoples have long-standing physical and spiritual relationships with the lands and waters within their respective territories, and with the natural cycles that determine their use. These relationships have always included the right to benefit from the bounty of the natural world and the reciprocal responsibility to care for and respect the land and water, consistent with natural and Indigenous law, for future generations.  In IPCAs, Indigenous Peoples’ continued relationship with the land and water must be assured by acknowledging the authority that Indigenous governments have to work with their people on how to use the land and water while achieving conservation and cultural objectives.

In addition to the above essential elements, the Indigenous Circle of Experts also identified a set of characteristics of what IPCAs might look like in Canada.  The following list of characteristics of IPCAs^[5] is not intended to be prescriptive or exhaustive, as the priorities and objectives of IPCAs may vary greatly depending on the needs and objectives of the area.

• Should promote respect for Indigenous knowledge systems;
• Should respect protocols and ceremony;
• Should support the revitalisation of Indigenous languages;
• Can seed conservation economies;
• Should conserve cultural keystone species and protect food security; and,
• Should adopt integrated, holistic approaches to governance and planning.

Governance and Partnerships

As emphasised by the Indigenous Circle of Experts, IPCAs exist in stark contrast to the historical harms caused by the creation of protected areas under provincial and federal governments—without the consent of Indigenous Nations.  “For Indigenous Peoples, the history of protected areas in Canada, while somewhat improved in recent times, has been fraught with rights violations, forcible displacement, loss of access to traditional territories and resources, and other substantial inter-generational cultural, social, economic and spiritual impacts.”^[6]

The Indigenous Circle of Experts describe a spectrum of partnership models that support Indigenous governance, management, and operational responsibilities of IPCAs.  Potential IPCA partnerships models include the following:^[7]

Indigenous Government–Crown Government partnerships

This model emphasizes Indigenous and Crown governments (including federal, provincial, territorial, or municipal) working in partnership, co-operation and agreement to recognise, establish and/or manage a protected area.

Indigenous Government–non-governmental partnerships

This model is based on partnerships between Indigenous governments and non-government partners.  Such partners could include industry, land trusts, or conservation organisations.  Often, this model is conducive to the acquisition of private properties for conservation purposes.

Hybrid partnerships

In this model, multiple parties (government and non-government) work collaboratively to resource and manage protected or conserved areas.  The model requires all parties to play a clear role in building a successful collaborative approach.

Sole Indigenous governance

In this model, Indigenous governments make unilateral decisions and manage lands (e.g., Treaty lands, reserves, Aboriginal title, etc.) for protection or conservation purposes.

Examples of IPCAs

One of the newest IPCAs in BC was established in August, 2021, by the Gitanyow Nation.  The primary aim of the Wilp Wii Litsxw Meziadin Indigenous Protected Area is to protect 54,000 hectares of sockeye salmon habitat in the Kitwanga and Nass River watersheds, as well as along sections of the Kispiox River.  Despite past efforts to work with the provincial government to establish a conservancy, the Gitanyow were concerned that industrial activities, especially mining, had compromised the salmon habitat.  When continued efforts working with the province to expand the conservancy did not produce results, the Gitanyow took the initiative to establish the IPCA.  The Wilp Wii Litsxw Meziadin protected area does not restrict industrial activities and the Gitanyow appreciate the economic benefits of mining and logging.  The purpose of the protected area is to better manage these activities to minimise harm to the watersheds and sockeye salmon populations.  A recent report in The Narwhal substantiates the benefits the Gitanyow’s efforts.^[8]  Vital ecosystems remain protected ten years later while the Nation generates economic benefits by working the land base with corporate partners.

Throughout the We Rise Together report, the Indigenous Circle of Experts highlight examples of IPCAs from across Canada.  The following is a list of BC IPCAs.  Refer to the report for descriptions of each one.

• Haida Gwaii Protected Areas
• Dasiqox Tribal Park (NexwagweẐɁan)
• Tla-o-qui-aht Tribal Parks
• K’ih tsaa?dze Tribal Park
• Great Bear Rainforest Agreements
• Wilp Wii Litsxw Mezidian Indigenous Protected Area