Mi'kmaw protocols aim to steer development in archaeologically sensitive areas
Sis'moqon
A Mi'kmaw organization in Nova Scotia has released new protocols it hopes will guide development in ar‐ chaeologically sensitive areas and make conversa‐ tions with federal and provincial regulators easi‐ er.
The Mi'kmaw Archaeologi‐ cal Protocols, finalized after five years of consultation with Mi'kmaw communities around the province, would apply in situations where someone stumbled upon ar‐ tifacts on a construction site anything from pottery to items like hunting or wood‐ working tools, to cases like Nova Scotia Power's Gaspereau dam project where work was halted when more than 300,000 Mi'kmaw artifacts were found.
But it would also apply be‐ fore artifacts are uncovered, when there's development happening on traditional lands or in proximity to a Mi'kmaw community, or even in cases where developers want to work in good faith with the Mi'kmaq.
"Archaeology is such a critical part of identity be‐ cause archaeology is the most democratic record of the past, of what has hap‐ pened and what people have thought, it's the record that people have left themselves of themselves," said Heather MacLeod-Leslie, the senior archaeologist and research manager with Kwilmu'kw Maw-klusuaqn (KMK), a group that negotiates on be‐ half of Mi'kmaw chiefs.
The protocols were pro‐ duced by the group in 2019 under the leadership of Wa‐ soqopa'q (Acadia) First Na‐ tion with support from KMK archaeologists. Mi'kmaw communities were given the chance to provide feedback before the protocols could be approved by the Assembly of Nova Scotia Mi'kmaw Chiefs. 'This is all Mi'kma'ki'
The protocol document lays out several expectations and recommendations, in‐ cluding:
The Assembly of Nova Scotia Mi'kmaw Chiefs must be consulted on all proposed archaeological projects un‐ less an archaeological man‐ agement mechanism that meets with the assembly's approval already exists. Ar‐ chaeological fieldwork in Mi'kmaw traditional territo‐ ries must begin with appro‐ priate Mi'kmaw cultural prac‐ tice. Mi'kmaq will form part of the archaeological project team. Grand Council will have a recognized role in ar‐ chaeological projects that re‐ spects their capacity as lead‐ ers of the Mi'kmaw Nation.
"If you are doing some‐ thing in Mi'kma'ki with an ar‐ chaeological conversation to
be had, this document can be used to help support a productive dialogue," said MacLeod-Leslie.
"The intention is that these are inter-jurisdictional because it doesn't matter what level of colonial govern‐ ment is involved, this is all Mi'kma'ki."
Duty to consult
The Supreme Court of Cana‐ da has set out specific sce‐ narios where there's a legal obligation to consult First Na‐ tions, Inuit and Métis, includ‐ ing situations that infringe on Indigenous and treaty rights.
MacLeod-Leslie said in cases where a construction project may contravene a treaty right, there's a legal obligation to consult on Mi'k‐ maw archaeological heritage.
"That is not happening in Nova Scotia with archaeologi‐ cal regulations in provincial jurisdictions, and it's a real conundrum," she said.
When a project starts without considering that, there's a risk it could be stalled midway through. The new protocols could prevent this, she said, because devel‐ opers would have already done the required consulta‐ tion work.
"Some archaeologists are already involved in, you know, activities that really re‐ flect the spirit and specifics of this document, so they're kind of ahead of the game."
Parks Canada is one of the proponents that in recent years has committed to full engagement with the Mi'k‐ maq, added MacLeod-Leslie.
Keith Mercer, who works for Parks Canada as the cul‐ tural resource manager for mainland Nova Scotia, said the federal agency has been developing a collaborative ar‐ chaeology working model with Nova Scotia Mi'kmaq since 2016.
"It's very integrated, multi‐ disciplinary. It's a good work‐ ing forum to discuss projects, planning, impact assessmen‐ ts, mitigation involving com‐ munity, involving youth, all sorts of things," said Mercer. 'There's no more impor‐ tant relationship'
He said the work stemmed from a project that didn't go too well, but the two groups committed to collaboration and having further conversa‐ tion.
"The relationship between Parks Canada and the Mi'k‐ maq of Nova Scotia is strong and it's growing … I would say there's no more impor‐ tant relationship for us than with the Mi'kmaq," said Mer‐ cer.
Nova Scotia's Department of Public Works, the provinci‐ al Department of Communi‐ ties, Culture, Tourism and Heritage and the Halifax Re‐ gional Municipality declined to comment on the new pro‐ tocols.
Nova Scotia Power, which recovered Mi'kmaw artifacts during the 2021-22 refurbish‐ ment of the Tusket main dam, said in an emailed statement that it works closely with Wasoqopa'q First Nation and the Assembly of Nova Scotia Mi'kmaw Chiefs to protect Mi'kmaw archaeo‐ logical heritage.
"The lands and waters used by the Tusket hydro‐ electric system have been home to the Mi'kmaq since time immemorial," the utility said. "The Mi'kmaw archaeo‐ logical heritage in the area is precious and irreplaceable."
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