Part 5 – Division 1
Questions & Answers
Building High-Speed Rail Faster
Protection of Indigenous Knowledge When Provided in Confidence
Q. Why is this measure necessary?
A: This measure helps protect the Indigenous Knowledge provided in confidence to Transport Canada (TC), Public Services and Procurement Canada (PSPC) or Alto throughout the lifecycle of the initiative. Existing mechanisms, such as the Access to Information and Privacy (ATIP) legislation, include provisions to protect knowledge on a case-by-case basis, but do not provide sufficient broader guarantees to Indigenous communities that their knowledge shared in confidence will remain confidential. Without this protection, Indigenous communities may hesitate to share Indigenous Knowledge critical to project planning and reconciliation efforts.
Q: What types of Indigenous Knowledge are being protected?
A: The legislative measure is designed to protect any Indigenous Knowledge shared in confidence, such as sacred site locations, traditional resource use, or cultural practices. This knowledge is often sensitive and requires adherence to Indigenous laws and protocols regarding its use and confidentiality.
Q: How does this measure align with Canada’s commitment to reconciliation?
A: Protecting Indigenous Knowledge provided in confidence demonstrates respect for Indigenous laws, cultures and protocols. It also fosters trust and strengthens nation-to-nation relationships that are fundamental to Canada’s reconciliation efforts and the successful implementation of the high-speed rail initiative.
Q: How does this measure impact Indigenous communities?
A: This measure provides Indigenous communities with greater confidence that their knowledge will be respected and protected. It encourages collaboration and supports their contributions are considered during regulatory processes and decision-making without the risk of unauthorized disclosure.
Q: Why are existing protections under legislation like the Impact Assessment Act (IAA) and Canadian Navigable Waters Act (CNWA) insufficient?
A: Protections under the IAA and CNWA are limited to specific decision-making processes involving the Impact Assessment Agency of Canada (IAAC) and TC. However, the high-speed rail initiative spans a broader scope and lifecycle, requiring additional protections to promote the confidentiality of Indigenous Knowledge and to help safeguard its respect beyond these processes.
Q: What are the potential consequences if this measure is not implemented?
A: Without this measure, Indigenous communities may be reluctant to share Knowledge, leading to:
- Delays in project planning and decision-making;
- Incomplete information, resulting in less informed decisions;
- Potential damage to sacred sites or loss of resources if knowledge is shared and later disclosed; and
- Erosion of trust between Indigenous communities and Canada, undermining reconciliation efforts.
Q: How will this measure contribute to the success of the initiative?
A: By building trust and collaborating with Indigenous communities, this measure will help provide access to valuable Knowledge that informs better planning and decision-making. It will also reduce potential delays caused by hesitancy to share information and strengthen relationships critical to the initiative’s long-term success.