Over the past couple of decades, Canadian law has begun to
incorporate consideration of Traditional Indigenous Knowledge into
certain decision-making processes. Though there is no universally
accepted definition, the 2022 Indigenous Knowledge Policy
Framework for Project Reviews and Regulatory Decisions (the
federal framework) describes it as "complex knowledge systems
embedded in the unique cultures, languages, values, and worldviews
of Indigenous Peoples." Among other things, it includes
factual, land-based information — for example, how lands in a
proposed project area have historically been used for traditional
purposes.
In the April session of Osler's Indigenous Law Insights
webinar series, partners Richard King (Co-Chair, Regulatory,
Indigenous and Environmental) and Mary Buttery, KC (Litigation),
presented on the role Traditional Indigenous Knowledge plays in
policy, project reviews and the courtroom.