Indigenous Rights Studies

Having comprehensive information as to how, where and when Section 35 rights can or cannot be practiced is critical for the protection of those rights.

MNP uses terms such as Indigenous rights studies (IRS) or Indigenous and treaty rights studies (ITRS) to replace the use of traditional land use studies (TLUS).

We have adopted this terminology to illustrate that “traditional uses” of land and water by Indigenous peoples are not separate from the exercise of their treaty and Indigenous rights. Section 35 of Canada’s Constitution does not make this distinction, but rather protects Indigenous peoples’ activities and places including and not limited to, hunting, fishing, trapping, gathering, sacred and ceremonial activities, transfer sites, feasting, teaching and storied places.

The right to hunt, fish and trap remains inextricably bound to the ability to be, live and learn on the land.

Further we challenge static notions of the term “traditional” which imply such activities are part of a bygone past. We maintain, and can demonstrate, treaty rights and Indigenous rights are contemporary activities that, while rooted in historic practices and worldviews, are nonetheless part of vibrant and continuous Indigenous people’s cultures and ways of life.

When used within an environmental assessment, Indigenous rights studies play a critical role in identifying adverse impacts to Indigenous and treaty rights.

MNP strives to find tailor-made solutions for collecting and documenting Indigenous rights study information. MNP will ensure confidentiality measures to protect representation of Indigenous rights study information, supported through enhanced data management security.