1. Collaborative Water Governance Implementing Indigenous Water Rights

2. National, charitable, First Nation, environmental, non-political, no core funding, 10-15 environmental projects every year… …

3. CIERs Four Program Areas www.cier.ca

4. Collaborative Water Governance An Old Way One dominating jurisdiction Delegated management Western legal, policy, and values framework Integration of TEK (IK) at best A New Way Shared, nested, overlapping jurisdictions Shared management Multiple worldviews and values at basis of framework Partnership of knowledge systems Four examples….

5. Four examples: Policy Foundation - GNWT Indigenous peoples and Governments of NWT Co-Governance Process - CEPI Collaborative Environmental Planning Initiative Knowledge Partnership - UINR Unamaki of Institute of Natural Resources Negotiating Process - Klamath Building the watershed approach

6. Context Downstream social justice Mackenzie River Basin Transboundary Waters Master Agreement no water use unreasonably harm the ecological integrity in any other jurisdiction Land Claims Agreements Existing land & water boards Devolution is underway (and controversial)

7. Northern Voices, Northern Waters Water Stewardship Strategy 2011 Policy foundation Water management Water use Water protection Action Plan also created

8. Why does the policy context matter? It links law and science… It explains, surrounds, and implements the law…

9. Policy is the subtext that shows what we really care about…

10. it betrays our biases…

11. through it we can be isolated or see interconnections

12. whether this…

13. …is treated like this.

14. whether we all get what we need…

15. …or not.

16. and whether other parts of the ecosystem matter…

17. …or not. Credit: M. Schneider, Lake Manitoba dead carp, June 12 2012

18. Led by Indigenous Peoples… Keepers of the Water Gatherings I, II and III (2006, 2007 and 2008) Sahtu Water Gathering in Fort Good Hope (2008) National Summit on the Environment and Water hosted by the Dene Nation (2008) NWT Leg Assembly (2007) Water as a Human Right

19. …governments came together. All Indigenous governments in NWT Inuvialuit Regional Corporation Gwichin Tribal Council Sahtu Secretariat Inc Tłįcho Territory Government Dehcho First Nations Northwest Territories Métis Nation Akaitcho Government (observer) Michael Miltenberger - Deputy Premier, Finance, and Environment and Natural Resources Minister

20. Strategy Based on Aboriginal Rights The NWT Water Stewardship Strategy does not alter existing water management responsibilities. It does not affect or infringe upon existing or asserted Aboriginal rights, treaty rights or land, resource and self- government agreements. In the case of any inconsistency between the Strategy and existing or future treaties or land, resource and self-government agreements, the provisions of the treaties and agreements shall prevail. Northern Voices, Northern Waters

21. What does the Strategy do? Gets house in order Indigenous rights foundation=decision-making Puts water for nature first Links water to energy and economic development goals Sends a message to other governments (esp. upstream) Creates an Action Plan Identifies resources Top to bottom to top Creates a Common Vision: The waters of the Northwest Territories will remain clean, abundant and productive for all time.

22. Co-Governance Process: Collaborative Environmental Planning Initiative (CEPI) Bra dOr Lakes, Cape Breton 5 First Nations, 6 reserves Heavily impacted by numerous threats Dredging, invasive species, sewage CEPI is a multi-governmental approach to addressing environmental concerns around the Bras dOr lakes Jurisdictional paralysis

23. Collaborative Environmental Planning Initiative (CEPI) Dan Christmas (Membertou First Nation) is Chair of CEPI Management Committee Spirit of the Lake Speaks: process plan for management Four quadrants of the Elders Medicine Wheel teachings - Knowledge, Action, Spirituality, and Feelings Based first upon needs of Lakes A holistic view of the Bras dOr Lakes and its watershed as a spiritual entity Bras dOr as a living entity that generates feelings in people, and supports them

24. UINR created by same 5 CEPI FNs Mikmaq equal participation in natural resource management in Unamaki and its traditional territory. To strengthen Mikmaq research and natural resource management while maintaining their traditions and world views. To partner with other groups sharing the same desire to protect and preserve resources for future generations. Albert Marshalls two-eyed seeing knowledge partnership Shelley Denny: TEK and science partnership to protect the lake Research Agenda Begin with the people and the lake Knowledge Partnership: Unamaki Institute of Natural Resources (UINR)

25. Extensive conflict Irrigators and Farmers Tribes with recognized water rights Massive fish kills Numerous hydro dam licenses up for renewal (50 year term) Cottagers along toxic reservoirs Droughts 10 year negotiating process Watershed restoration Water reallocation in public interest Multi-party agreement focussed on health of lakes and rivers to ensure fish were there to fight over Avoids high cost of doing nothing Dam removal and operations changes Negotiating Process: Klamath Basin

26. Key Drivers for Collaborative Governance Legal borders Ethical foundation Vision for watershed Leadership House in order Knowledge base Rights = Accepting and then overcoming jurisdictions (extra-legal) = Reciprocity with water = Long-term, ecosystem health- based, borderlessness of water = Uncommon vision/commitment = Strong policy foundation = Multiple knowledge systems = Rights implementation Take Away Guidance:

27. Collaborative governance can be… past, present and future First Nations and non-First Nations people and ecosystems world views and values …a space of reconciliation.

28. Thank you. Merrell-Ann S. Phare maphare@cier.ca 204.956.0660