Indigenous Peoples' Community Land Use Planning Handbook in BCOURSACREDLANDMarch 31, 2019
Copyright © 2019 Beringia Community Planning Inc and Naut’sa mawt Tribal CouncilAll rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.
OUR SACRED LANDIndigenous Peoples' Community Land Use Planning Handbook in BC
AcknowledgementsWe want to acknowledge the unceded and ceded traditional territories of 198 BC First Nations, representing 30 language groups and close to 60 dialects, and to the ancestors and Elders whose wisdom, protocols, and presence acknowledge and teach us the sacredness of the land, and the obligation we all have in caring for it.The completion of this Handbook would not have been possible without the enthusiasm and contributions of so many individuals engaged in community-based land use planning (LUP), and related land governance and its many functions. The legal, cultural, and operational complexity of First Nations LUP is more apparent than ever. We hope this Handbook can help navigate the many facets of that complexity and most importantly, strengthen First Nations’ ability to do more LUP on their own terms and in celebration of their culture and rhythms of seasons and time.A heartfelt thank you to the Indigenous Advisory Committee (IAC): Pam Theodore (Canim Lake Band), Josephine Kelly (Se:math First Nation), Tammy Dorward (Tla-o-qui-aht First Nation), and Colleen Jacob (Xaxli’p Band). Your wisdom and guidance helped inform the approach, structure and content of the Handbook, and we are grateful for your effort, collaboration and friendship (see Bios at end of Handbook). A sincere thank you to the 146 individuals, representing 108 First Nations, who participated in the First Nations LUP Workshop training between 2015 and 2018 where the need for a community-based LUP Handbook was identied. First Nations are mobilizing efforts to assert their Rights and Title, governance, culture, language and traditional knowledge through community-based LUP. Many thanks also to the 43 First Nations LUP Workshop training participants who completed an initial survey that set a foundation for this Handbook early in the process. Reections on important strengths, issues and needs in their communities were highly valuable and informed the development and content of the Handbook, and overall collaborative learning experience.
Specically, we want thank and acknowledge the following First Nations whose stories have helped this Handbook come alive: Adams Lake Indian Band, Pacheedaht First Nation, Taku River Tlingit First Nation, Lower Similkameen Indian Band, Pikangikum First Nation, Klahoose First Nation, Tla’amin Nation, Tla-o-qui-aht First Nation, Canim Lake Band and Sema:th (Sumas) First Nation. We are grateful for the Indigenous contributors: Andrew Bak, Adam Munnings Angel Ransom, Bruce McIvor, Chris Derrickson, Christine Scotnicki, Jessie Hemphill, Joe Copper Jack, Jaime Sanchez, Sandra Harris and Steven DeRoy. Your insights have grounded this book in wisdom, culture and practice. Thank you also to David Stinson, John Ingram, Jason Locke, Ken Cossey, Rob Barrs, and Ron Cruikshank for your knowledge, experience and feedback.Thank you to Hubert Barton of the Nisga’a Nation, coordinator of the ISP Teaching House program, for contributing community and landscape photographs from your hometown of Gingolx and of the Nass Valley in BC. Hubert also contributed the photograph pictured on the cover of this Handbook, which is an image of Gingolx BC and the mouth of the Nass River. Also a big thank you to Todd Peacey of Homalco First Nation in Campbell River, BC who contributed community, landscape and cultural/art photos featrured throughout the Handbook.Thank you to the Naut’sa mawt Tribal Council and Gary Reith and staff for your support and guidance in developing the LUP training and Handbook, and to Joan Calderhead for your dedication in supporting First Nations’ community to community learning, capacity building, land governance and LUP.Thank you to the team from Beringia Community Planning Inc, who authored the Handbook: Jeff Cook, Sarah Gillett, Barb Everdene, Paula Hay, Vanessa James, Leslie Pang, Vicky Hung, Eva Sung, Erin Grace, and Sherri Corrie who worked tirelessly to complete this Handbook in partnership. Your commitment and hard work has brought this Handbook to life. Finally, we acknowledge and thank the Real Estate Foundation of BC and ISC for your nancial contribution and making this project possible.
6OUR SACRED LANDTable of ContentsINTRODUCTION 11CONTEXT FOR FIRST NATIONS LUP AND GOVERNANCE 23STEP 1: CALL TO GATHER, UNDERSTAND AND DECIDE PURPOSE 47STEP 2: GET READY 71STEP 3: ENGAGE COMMUNITY 105STEP 4: GATHER KNOWLEDGE AND INFORMATION 135STEP 5: DECIDE FUTURE 165STEP 6: CREATE TOOLS 197STEP 7: DOCUMENT PLAN 217STEP 8: ENDORSE AND CELEBRATE 231STEP 9: CARRY OUT PLAN 239STEP10: TRACK PROGRESS 255STEP11: UPDATE AND REVISE 289BIOS 296APPENDICES 299
7INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCTable of Contents: StoriesStep 1: Call to Gather, Understand and Decide PurposeStory 1: Taku River Tlingit First Nation — The Purpose and Value of Our LUP ................................64Step 2: Get ReadyStory 2: Tla’amin — Reviewing Planning History ..................77Story 3: Klahoose — Setting up a Youth Planning Support Team ..84Story 4: Canim Lake — Mobilizing Funding for LUP ...............102Step 3: Engage CommunityStory 5: Tsawwassen First Nation (TFN) — Working with CP Holders .........................................119Story 6: Lower Similkameen Indian Band (LSIB) — Designing a Community Engagement Process ....................133Step 4: Gather Knowledge and InformationStory 7: Adams Lake — Data Storage ..............................153Story 8: Tla’amin Nation — Working with Elders to Understand Traditional Holdings ..................................161Step 5: Decide FutureStory 9: Story of Practice From Tsawwassen LUP Process ........185Step 10: Track ProgressStory 10: Community Story. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .272Story 11: An Evaluation Story .....................................284Step 11: Update and ReviseStory 12: Sema:th First Nation and the Revision of their LUP .....292Table of Contents: Tables and FiguresIntroductionFigure I-1. 6 Handbook Principles .................................14Figure I-2. 11-Step LUP Process ...................................19Context for First Nations LUP and GovernanceFigure C-1. Relationship between CCP, LUP and Supporting Plans 25Figure C-2. First Nations Way of Life ..............................30Figure C-3. Indigenous Nation and Community Governance ......34Figure C-4. Land Governance Scenarios ...........................39Table C-1. Governance Scenarios ..................................41Step 1: Call to Gather, Understand and Decide PurposeFigure 1-1. Relationship between CCP, LUP and Supporting Plans 56Figure 1-2. 14 Reasons to do a LUP ................................61Figure 1-3. Scales of a LUP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63Figure 1-4. Purpose and Outcomes of LUP .......................66Step 2: Get ReadyFigure 2-1. TRTFN Planning Timeline .............................75Figure 2-2. 3 Approaches to LUP ..................................78Table 2-1. Comparison of Approaches .............................79Table 2-2. Summary of Planning Support Team ....................82Figure 2-3. TRTFN Salmon Cycle ..................................90
8OUR SACRED LANDFigure 4-4. Sources of Knowledge and Information ...............160Step 5: Decide FutureFigure 5-1. GRFN Situational Assessment Summary ..............168Figure 5-2. Situational Assessment Process .......................169Figure 5-3. LUP Vision Framework ................................171Figure 5-4. Elements of a Vision Framework ......................172Figure 5-5. Steps in Creating a Vision Framework. . . . . . . . . . . . . . . . . 173Table 5-1. LUP Issues -Directions: Lower Similkameen Land Use Plan 179Figure 5-6. Example LUP Actions and Core Directions adapted from LSIB Land Use Plan ................................................180Table 5-2. Directions Strategies Actions ...........................181Table 5-3. Land Development Scenarios ...........................184Table 5-4. Options Analysis ........................................185Table 5-5. Example LUP Actions ...................................188Table 5-6. Analyzing Options ......................................190Table 5-7. Prioritizing Actions .....................................191Table 5-8. Sample 10-Year Timeline ...............................193Table 5-9. Sample Phases of Implentation ........................194Figure 2-4. Role of Leadership .....................................93Figure 2-5. Roles of a Consultant ..................................95Table 2-3. Sample Work Plan ......................................97Step 3: Engage CommunityFigure 3-1. Spectrum of Community Engagement ................109Table 3-1. Goals Related to Community Engagement Spectrum ..111Figure 3-2. Personal and Community Outcomes of Engagement . 113Figure 3-3. Steps to Create an Engagement and Communications Strategy ............................................................116Figure 3-4. Sample Engagement Strategy .........................123Figure 3-5. Community Engagement Tools ........................124Figure 3-6. Sample Engagement Strategy with Tools ..............126Figure 3-7. Sample Community Engagement Timeline ........................129Step 4: Gather Knowledge and InformationTable 4-1. Challenges and Opportunities of Knowledge Gathering 140Table 4-2. Types of Knowledge and Information ..................144Figure 4-1. Community Mapping Steps ............................148Figure 4-2. Capacity and Constraints Analysis ....................151Figure 4-3. Steps for Analyzing Results ...........................157
9INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCTable 5-10. Example Actions Sorted by Type ......................195Step 6: Create ToolsFigure 6-1. Example Vision Framework ...........................200Figure 6-2. Sema:th First Nation Land Use ........................205Table 6-1. Technical Analysis ......................................208Table 6-2. Sample Land Use Zones and Policies ...................212Figure 6-3. Sample Referral Process ...............................215Step 7: Document PlanFigure 7-1. Example Communication Tools ........................223Figure 7-2. Planning Process Diagram- Pikangikum First Nation . 225Figure 7-3. Tiyati X A Jighe Land Use Map ........................228Step 9: Carry Out PlanFigure 9-1. Implementation and Change ..........................241Figure 9-2. Implementation Tools .................................245Table 9-1. Implementation Challenges and Strategies ............246Figure 9-3. Steps to Implement Your LUP .........................251Step 10: Track ProgressFigure 10-1. Benets of M&E ......................................258Figure 10-2. Vision Framework ....................................260Table 10-1. Sample Evaluative Questions by Vision Framework ..261Table 10-2. Sample Compliance Monitoring Tool ..................262Figure 10-3. Sample Impact Monitoring and Evaluation Process . 263Figure 10-4. Sample Impact Monitoring and Evaluation Process with Indicators and Data Collection Method ...........................264Table 10-3. Sample Indicators by Direction .......................265Table 10-4. Impact Monitoring Tool ...............................268Table 10-5. Example M&E Work Plan .............................273Table 10-6. Sample Yearly Indicator Reporting Tool ...............274Table 10-7. Scheduling M&E Communications ....................275Table 10-8. Communications Strategy Schedule ..................276Figure 10-5. M&E Challenges & Strategies ........................278Figure 10-6. Steps to Complete a M&E Strategy ..................280AppendicesFigure A-1. Engagement Principles ................................301Figure A-2. Research Activities ....................................303Table A-1. Governance Scenarios ..................................313Table A-2. LUP Challenges and Strategies .........................314Table A-3. Mapping Methods ......................................324
10OUR SACRED LAND
Introduction11
12OUR SACRED LANDINTRODUCTIONHow This Handbook Came to BeThe idea for this Handbook was seeded during a series of LUP workshops sponsored by Naut’sa mawt Tribal Council and facilitated by Beringia Community Planning Inc. between 2015 and 2018. Over four rounds of training, 146 participants from 108 First Nations across BC gathered to learn and talk about how to do LUP through a hands-on, learning-by-doing approach. The learning involved engaging in experiential exercises and tools aimed at stimulating collaboration and sharing community to community. During workshop evaluations completed by participants, the need for a culturally appropriate and relevant, visual and accessible BC First Nations LUP Handbook was identied. This Handbook is a response to this need and is written for First Nations community and local planners. It aims to share the knowledge, strength and creativity of First Nations involved in LUP with a larger audience. First Nations participants want to see more community-based LUPs delivered by the community for the community. Funded by Indigenous Services Canada (ISC) and the Real Estate Foundation of BC, Naut’sa mawt Tribal Council hired Beringia Community Planning Inc. to launch a collaborative learning process to engage First Nations practitioners who took the LUP training in the process of creating this Handbook. In collaboration with an Indigenous Advisory Committee (IAC), the Handbook is designed to serve the needs of BC First Nations community, Chief and Councils and Lands Department staff who are engaging in or considering an LUP process. Our hope is that this Handbook will support BC First Nations’ overall land governance efforts by providing communities with culturally relevant information, resources and tools to support a community-driven LUP process.
13INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCWhat is This Handbook? This LUP Handbook describes a community-driven process and approach to LUP, which differs from more technical LUP handbooks. Our emphasis is on community engagement, which prioritizes working with community knowledge and strengths, and investing in community capacity building. We acknowledge the diversity of First Nations in BC and the complexity of land governance. As such, the Handbook emphasizes the importance of having a LUP process driven by the unique culture and governance system of each First Nations community. It promotes an approach to LUP that is grounded in culture, the relationship to land, and traditional knowledge, Indigenous values, laws and protocols.This Handbook is: 5 Specic to the context of First Nations LUP in British Columbia (BC) 5 Co-created with First Nations LUP practitioners 5 General enough to speak to the great diversity of First Nations in BC 5 Specic to the process of LUP as it ts in the much larger theme of land governance 5 Driven by the principles of community-based planning and respect for Indigenous cultural protocols and customs 5 Shaped by First Nations’ culture, principles and perspectives in its approach to LUP 5 Written for the audience of Indigenous land use practitionersThis Handbook is not: 4 A comprehensive guide to land governance or the entire eld of LUP 4 A technical guide to LUP 4 A government-driven publication 4 An academic text book 4 A one-size-ts-all approach, rather a suggested set of steps to be adapted to meet local community needs
14OUR SACRED LANDINTRODUCTIONANDBOOK PRINCIPLESHANDBOOK PRINCIPLESUPHOLD INDIGENOUS APPROACHES TO LUPHONOUR HISTORY AND CONTEXTCREATE THE HANDBOOK COLLABORATIVELYPROMOTE COMMUNITY-LED PLANNINGDEVELOP USER-FRIENDLY CONTENTACKNOWLEDGE DIVERSITYFigure I-1. 6 Handbook Principles
15INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCHandbook PrinciplesThe 6 principles (see Figure I-1) that have driven the creation of this Handbook include: Acknowledge diversity: We appreciate the diverse cultures, needs and goals of First Nations in BC by acknowledging different starting places and gathering points for LUP. We acknowledge the many different approaches, scopes, scales and types of LUPs created to meet unique community needs and circumstances. Uphold Indigenous approaches to LUP: We honour the Indigenous values, laws, protocols and principles that inform First Nations LUP. We promote a holistic approach to planning, and acknowledge and consider the cultural, spiritual, social, emotional, physical, mental and intellectual relationships to the land throughout the LUP process. We recognize that Aboriginal Rights and Title to land and self-determination is paramount. Honour history and context: We acknowledge the colonial legacy and reality that impacts LUP and recognize the inherent right to plan for and manage land, and current barriers and opportunities for doing so.Develop user-friendly content: We create practical and action-oriented content and provide ready-to-use resources and tools with an emphasis on presenting information visually with culturally relevant diagrams. Promote community-led planning: We promote a community-led approach by demonstrating effective community engagement practices and methods, and elevating and sharing community-based knowledge. Create the Handbook collaboratively: We co-create the engagement process in the spirit of mutual recognition and learning. We share knowledge from a network of Indigenous LUP practitioners.
16OUR SACRED LANDINTRODUCTIONOrganization of the HandbookThis Handbook is divided into 4 parts:1. Introduction and Context: How this Handbook was created and setting the stage for First Nations LUP2. The LUP Process: A how-to guide to complete a LUP process presented in 11 steps 3. Stories: Stories of practice from First Nations engaged in LUP 4. Tools and Resources: Templates, tools and resources to be adapted to each LUP process are referenced throughout the Handbook (with summaries at the end of each step) and compiled in the companion document titled Toolkit Resources. You can read this Handbook from beginning to end, or you can jump to the section most useful to your current LUP needs or where you are in the process. Each step of the LUP process is colour coded for easy navigation. Tools and resources are referenced throughout the text. We hope that you will take from this Handbook the pieces that are most helpful to your First Nation’s specic LUP journey, and adapt and modify the pieces as needed to your unique context.
17INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCUsing the HandbookHere are some ways we hope you may use this Handbook: • Consider the proposed steps as a guide in designing and delivering your own LUP process• Learn how other First Nations are approaching LUP and consider ways of shaping the scale and scope of LUP to your own needs and available resources• Learn how other First Nations are addressing LUP challenges and opportunities• Choose and adapt practical methods and tools to use in your LUP process• Share visuals and diagrams to help you teach, do or talk about LUP in your community • Use as a resource to assist in mentoring the next generation of planners in your community
18OUR SACRED LANDINTRODUCTIONOverview of LUP CyclePlanning is a continuous process with no beginning or end. Like the seasons, harvesting cycles and cycles of the moon, good planning happens in cycles; each cycle setting us up for the next round of planning. In this Handbook, we present a LUP process cycle in 4 phases that encircle 11 steps (see Figure I-2 on the next page). This cycle is not a strict formula or straight line for how a LUP should happen. Rather, it is a proposed sequence of steps to consider when organizing a LUP process and making decisions. We hope that you nd it a helpful tool for organizing information, bringing community into the process and teaching the planning process with community members to complete a LUP and make decisions.In reality, your LUP process may not t neatly into these steps, nor may the steps happen in the presented order. You may not start at the beginning; rather, you may skip a step or two, and then go back to a step you missed. This proposed structure is deliberately a cycle, that has no beginning or end, to recognize that LUP is a continuous activity and is holistic in nature.Every First Nations community is unique and at a different place going into a LUP process. As shown in Figure I-2, we present 4 phases: 1) prepare, 2) decide, 3) act and 4) reect, along with guiding questions associated with each of the 11 steps.
19INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC1What is our starting place and why are we Land Use Planning?2What do we need to get ready?3How do we build this plan together?4 How will we manageour LUP knowledgeand information? 5Where are we going?6How will weget there?7How do we tell our LUP story?89How do we put our plan into action?10 How do we know we are on track?11How do we keep our plan alive? PREPARE PREPARE REFLECT REFLECT ACT ACT DECIDE DECIDE10. TRACK PROGRESS11. UPDATE & REVISEREFLECT8. ENDORSE & CELEBRATE9. CARRY OUT PLANACTDECIDE5. DECIDE FUTURE6. CREATE TOOLS7. DOCUMENT PLANPREPARE1. CALL TO GATHER, UNDERSTAND & DECIDE PURPOSE2. GET READY3. ENGAGE COMMUNITY4. GATHER KNOWLEGE & INFORMATION11 STEPLUP PROCESSHow do we endorse and celebrate our plan?Figure I-2. 11-Step LUP Process
20OUR SACRED LANDINTRODUCTIONDECIDE (STEPS 5-7)PREPARE (STEPS 1-4)Phase 1 involves getting ready for your LUP process. It begins with gathering and asking: “What is our starting place and why are we Land Use Planning?”. Step 1 involves grounding your process in your community’s relationship to its land, culture, spirituality, people and knowledge. As a community, you explore the value of LUP and identify why it is needed and what purpose the planning process and LUP will serve. Step 2 involves asking “What do we need to get ready?”, pulling together the resources needed to plan (e.g. knowledge, people, money) and organizing those resources into a process and work plan. It also involves securing a budget to carry out the process to complete the LUP, and assessing the required capacity and skills. Mobilizing a local Planning Team and Champion are important success factors for the remaining planning phases.In Step 3, you ask the community “How do we build this plan together?”. This includes creating a community engagement and communications strategy to ensure that your LUP process is community-driven, inclusive and participatory. This is the time to dene the vision for your process and identify what outcomes you want to see as a result of this process. Finally, in Step 4, you need to ask “How will we manage our LUP knowledge and information?”. Beginning your process with a solid base of information and knowledge is important for making good decisions and building a strong base of mapping.Phase 2 involves exploring the past, present and future to help inform a vision of land use for future generations. This phase starts with gathering information to help understand your past and present situation. In Step 5, you gather current facts about your community and discuss the accomplishments, strengths and challenges. Understanding the current situation and history helps to create a vision of what you want to preserve and/or change about the land based on community values, teachings and principles. Based on this wisdom and knowledge, together, the community decides on a vision of “Where are we going?”. This typically includes developing a framework that outlines a vision statement, a set of principles, directions, strategies and priority actions regarding how to collectively govern land use. This framework is an expression of community values that guide decision-making. Step 6 answers the question: “How will we get there?”. We look at specic land governance tools such as policies, designations and laws that describe how your LUP may be put into action. Once these steps are complete, it’s time to bring the results of the LUP process together. In Step 7 you communicate what was decided on, answering the question: “How do we tell our LUP story?” through words, images, stories and maps in culturally appropriate ways.
21INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCYou now have the opportunity to mark the completion of your LUP process in Phase 3. Asking the question: “How do we endorse and celebrate the LUP?”, Step 8 creates an opportunity to respect local protocols and ceremony, and acknowledge and celebrate community participation.Now that you know where you want to go and your LUP has been documented we move on to Step 9 which answers the question: “How do we put our LUP into action?”. This involves getting ready and organized for implementation by bringing together the people, relationships, resources (e.g. money and time), knowledge, processes and communications tools to carry out the land use vision, including anticipating implementation challenges and creating strategies and tools to ensure a successful LUP.Phase 4 involves observing the results and impacts of your LUP in order to see what is working and what is not working. Step 10 is concerned with “How do we know we are on track?”. This step helps you adapt and align your LUP to better govern your land use in the ways that you said you would. This ensures that the LUP stays alive and is working for the community. This phase includes monitoring, evaluating and communicating the results of your LUP with the community. It is in this phase that, as a community, you decide what and how you will monitor and evaluate by picking the indicators to track. It involves sorting out the information, tools and resources needed to collect information and track those indicators. You also need to decide how often to evaluate the LUP, and how and when you will share, communicate and celebrate results. Finally, in Step 11, it comes time to decide how and when to revise the LUP by asking: “How do we keep our plan alive?”. Appreciating that LUP is a continuous cycle, the process of adapting to change becomes important to keep your LUP alive, active and effective.ACT (STEPS 8-9)REFLECT (STEPS 10-11)
22OUR SACRED LANDINTRODUCTIONMETHODOLOGYOur purpose in producing this Handbook was to co-create a guide to LUP with First Nations contributors to ensure that it is grounded in First Nations’ knowledge and perspectives, contains meaningful content, and is accessible and culturally responsive. We worked closely with our Indigenous Advisory Committee to develop our approach to researching and producing this Handbook. If you would like to know more, see Appendix 1 on page 300.
23INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCContext for First Nations LUP and GovernanceWhat is Land Use Planning?A LUP is a story about the past, present and future state of a territory or land base –it is a way for First Nations to document the story about their community’s identity and relationship to the land. LUP is a process of coming together as a community to discuss and decide how to use or not use the land in the future. This process identies which lands to use and protect based on needs, values and priorities. It is a way to manage competing and conicting uses, as well as set a foundation that guides future decisions about the land. LUP is also a tool to assert land governance and control over resources, socio-economic conditions, self-governance and cultural self-determination, especially relevant in the current era of reconciliation. “I learned that a LUP is a big project and can take years and to not rush through everything if I want a detailed quality product.”LUP Workshop Participant (2016)
24OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCEWhy Complete a LUP?In BC, First Nations are engaging in LUP for numerous reasons. A First Nation might be considering a LUP for several years before the process gets going. Particular land use pressures and development constraints can trigger the need for a LUP, and in other cases, a LUP process might be triggered by the need to capture a potential economic opportunity. First Nations who face signicant development and resource extraction pressures need a LUP and a set of tools to assist in decision-making, consultation, referrals and negotiations. A LUP can also be one way to exercise continuing Aboriginal Rights and Title, and strengthen claim to these rights. Entering the First Nations Land Management Act can be viewed as a step to increase authority over land management through the development of a land code, for example.The development of other types of plans such as Economic Development or a Comprehensive Community Plan (CCP) might also trigger a LUP, which could be developed in conjunction with or as an expansion of these other planning processes as shown in Figure C-1 (Relationship between CCP, LUP and Supporting Plans). In other cases, a First Nation might want to prepare for changes in governance and land management structures or coordinate with planning processes taking place in neighbouring communities or regions.Clarifying the purpose of your LUP as a community helps to develop a shared understanding of why a LUP is needed and what it will achieve. See Step 1 for a more detailed summary of the key reasons that your First Nation might undertake a LUP, as well as potential outcomes that can be achieved.
25INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCFigure C-1. Relationship between CCP, LUP and Supporting PlansLand-Use PlanCOMPREHENSIVE COMMUNITY PLAN Language planInfrastructure planEnergy planAdministraon strategic planSocial services planHousing planWaste management planEducationLanguage and CultureSocial and RecreationHousing and InfrastructureLand and ResourcesEconomic DevelopmentBusiness plansHealth andwellness planMarine protecon planEnvironmental management planFisheries planFeasibility studiesHealth and SafetyRecreaon planCulturalrevilizaon planHeritage planpreparedness planEmergencyMental healthstrategyHazard migaonplanRisk managementplanClimate adaptaon planIntegratedsustainability planGovernance andAdministrationChief and Council strategic planDepartmentaloperaonal plansForestry planTourism planEconomic development planEducaon plan
26OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCE“ A LUP protects lands and resources.”LUP Workshop Participant (2017)“ A LUP guides future development.”LUP Workshop Participant (2017)“ A LUP plans for community needs now and in the future.”LUP Workshop Participant (2017)“ A LUP protects ecological areas .”LUP Workshop Participant (2017)“ A LUP protects cultural/sacred areas.”LUP Workshop Participant (2017)“ A LUP positions Nation for economic development opportunities.”LUP Workshop Participant (2017)“ A LUP addresses housing and infrastructure needs.”LUP Workshop Participant (2017)
27INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCLand Governance and Contactas the Potlatch, First Nations were also denied the means of upholding their cultural and spiritual connection to their lands. The reserve system was created through the aggressive expansion and segregation of First Nations people. Many of the reserves that First Nations people in Canada live on today were carved out of much broader territories that people had lived on and travelled. The Indian Act of 1876 codied the methods through which Indian status and reserves were governed by the federal government. Today, Canada’s legal system (the Crown) and the Indian Act continue to be used to govern Indigenous land use. First Nations are increasingly faced with ongoing challenges to their land governance through industrial and economic activities and contamination. However, through For millennia First Nations have planned for the use and care of their lands on the basis of their distinct Indigenous legal and social orders. First Nations stories, social and moral codes, cultures, and economies have been closely tied to a deep relationship with the land. As illustrated through oral, archaeological and ethnographic history, First Nations peoples observed the rhythms of the land and organized their trade, transportation, living arrangements and hunting, gathering and shing practices accordingly. They actively shaped the environment as it shaped them. Canada’s colonial history of dispossession and settlement of First Nations lands has impacted the ability of First Nations to collectively use and care for the land. These processes occurred through the imposition of western legal and social orders, the Indian Act, the forced relocation of communities, the creation of reserves, and instruments such as Certicates of Possession (CPs). By forcing children into residential schools and banning traditional practices such
28OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCEdedication, determination and innovation, First Nations are upholding their traditional stewardship of the land in contemporary ways. In BC, we are experiencing an exciting wave of increased self- governance for First Nations and strengthened intergovernmental relationships between First Nation communities and different levels of government. This is taking shape through self-government agreements such as treaties, sectoral negotiations, partnership agreements, and the use of the First Nations Land Management Regime. This wave is leading to greater ownership and control of lands and resources by First Nations, including the ability to protect land and to become more nancially independent. First Nations are at different places on this wave but moving toward the common goal of exercising their right to govern, manage and steward their land –a process that can be supported by an effective LUP.
29INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC“ There’s a saying: ‘Plan or be planned’ (credit to John Ward, Taku River Tlingit First Nation) we’ve had a lot of planning that has been done to us for generations. There have been so many awful research, planning and consultation experiences, people wonder why bother, when there has been no meaningful change. We need to go deeper into change and well-being so that people start to trust that there can be change.”Sandra Harris, Gitksan Government Commission“ Everything we do involves the land and the use of the land and the respect for the land. We need to share with the community, the importance of LUP. It’s the chance to put our homeland back together again. Like tidying up our house, a chance for us to do that again after that responsibility has been taken away for 75 years.” Joe Copper Jack, Yukon LUP Council
30OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCEFigure C-2. First Nations Way of LifeTradional PursuitsWays of being and knowingSpiritual beliefsTradional foodsSafetyWellnessKnowledge transmissionLearning by doingMental wellnessNaon - CommunityClan & FamilyIndividualNaon - RegionCommunityHomeSafetyHappinessConnecon to the landMemory and experienceSharing tradions and cultureLanguagePlace namesSacrednessHealingWeavingEldersSharingYouthFamily gatheringsStorytellingTradional knowledgeHealthy Clans and FamilyStorytellingGatheringsHarvesngHunngTrappingOn the landTeachings7 GeneraonsRecognion7 GeneraonsFamily TraplinesData GovernanceAcknowledgementTradional GovernanceRights and TitleNaonal BuildingsOral HistoryGovernanceProtocolsCaring and ProteconAccess to resourcesClean waterFishingMedicinesProtocolCeremoniesGatheringsCelebraonsSongsValuesDrummingOrigin StoriesArts and music Gatherings Social events LanguageReconciliaonMatriarchyRelaonshipHealSocial and Emoonal Relaonship to LandMental and Intellectual Relaonship to LandPhysical Relaonship to LandCultural and Spiritual Relaonship to LandCelebraonsLandPlace namesFirst Naons Way of Life
31INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCFirst Nations Way of LifeThe ‘First Nations Way of Life’ honours the ways in which First Nations have lived on and respected the land since time immemorial. Land is foundational to the First Nations’ way of life including knowledge, experiences, relationships and wellness. It is from the land that First Nations have developed their culture, identity, language and traditions and these are passed on through individuals, families, communities and Nations. This relationship to land is sacred in nature and difcult to dene in a few words. The four quadrants in Figure C-42 illustrate the ways in which land sustains Indigenous communities physically, mentally, emotionally and spiritually, and the importance of nurturing all of these aspects together to create a holistic and balanced way of life on the land. • Physical: This quadrant reects the ways in which the land provides for physical needs including food, safety, access to resources and harvesting practices• Mental and Intellectual: This quadrant reects the mental aspect of the First Nations way of knowing and being – how people learn from the land and use knowledge, teachings and understanding to create, plan for and govern the land• Social and Emotional: This quadrant represents living in harmony with the environment and community, both receiving and giving through interaction and gathering • Cultural and Spiritual: This quadrant recognizes the ways in which the land feeds and nourishes the spirit and is reected in cultural ceremony, practices, traditions, language and gatheringsThe circles represent the Individual, Clan and Family, Nation-Community, and Nation-Region Community. Figure C-42 illustrates a sense of
32OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCEresponsibility that extends not just to other individuals, but also to family, community and beyond. This mutual accountability, reciprocity and responsibility stems from, and is reected in, First Nations’ relationships to land. Respect for the land entails a high standard of care, gratitude and honour that is fundamental to the First Nations way of life. • Individual: While each person is responsible for their unique relationship to the land, this relationship informs, and is informed by, family, community, and the Nation. Nations, family, and community are critical to an individual’s way of life and relationship to the land.• Clan and Family: Family represents an individual’s kinship and support network. For First Nations people, family is seen more broadly than in western contexts and includes both immediate and extended relations. Along with bloodlines, families can include those who one cares for as well as extended support/social networks, dened by values and customs that shape kinship and are unique Nation to Nation. There are a variety of diverse family systems among BC First Nations which impact their way of life and relationships to the land.• Nation-Community: Community represents places and the collective group of people. There are many different communities – based on roots, where a person lives or comes from, through language occupation, interests, values, knowledge and experience, etc. These all play a role in one’s identity and relationship to the land and sense of belonging. • Nation-Region Community: Nations include a broader network of communities based on language or shared territories, for example, and refer to a broader identity beyond personal, family, and community levels.First Nations’ relationship to the land is uid and can be adapted and customized based on individual or collective perspectives and the unique cultural and diverse contexts in BC.
33INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCWhat Do We Mean by Land Governance?Today, First Nations land governance encompasses traditional and contemporary land stewardship practices, traditional laws, customs, protocols and values as well as by-laws, land codes, and various management regimes. A community’s needs and resources can impact how land is governed. Figure C-33 summarizes the Legal and Jurisdictional and Operational contexts of land governance, with Indigenous Nation and community governance practices underpinning all of these elements. While LUP is only one operational function of land governance, the legal/jurisdictional and operational context of land governance that a First Nation operates in will impact the process and results of LUP. Indigenous Nation and Community GovernanceFirst Nations have developed complex systems of governance, based on their way of life since time immemorial and prior to colonization. Indigenous governance is extremely diverse and includes Indigenous rights and title stewardship practices, legal orders, customs, traditions, protocols and values. Indigenous political systems were often created and maintained by an oral order based on a supreme law, political philosophies and cultural systems. While elements of traditional governance changed with colonization, many Indigenous systems of government continue to this day and shape land use.
34OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCEFirst Nations Land Governance System Government to Government Private Sector / Partnerships Land Tenure Rights & Title Acts & LegislaonNaon to NaonLegal & Jurisdictional ContextIndigenous Naon and Community GovernanceWay of Life, Rights and Title, Legal Order and Land StewardshipIndigenous Naon and Community GovernanceWay of Life, Rights and Title, Legal Order and Land StewardshipTreaty Land Claim Agreement Engagement Protocol Service AgreementsCompensationSettlement TransboundaryAgreementMemorandum ofUnderstandingOfficial Community PlanReconciliationAgreementSpecific ClaimRegional LandUse PlanTransboundary Agreement Shared TerritoryJoint Ventures Limited PartnershipsLimited Liability PartnershipsOver Lap AgreementsJoint Ventures Limited PartnershipsImpact Benefit AgreementsTreatyLand Claim Agreement FN Land Management Act Indian ActFinancial Management ActLand Commission Act Other: Fisheries Act Endangered Species Act Local Government ActConstitution UNDRIP Ancestral landsFee Simple LandsReserve Lands Designated LandsRight of Way s. 35Head Lease Buckshee Permit s.28 (2)Other: Crown, Provincial, District & Municipal & Private LandsCertificate of PossessionTraditional TerritoryWay of lifeAboriginal RightsTreaty Land ClaimsFree, Prior & Informed ConsentSupreme CourtSpecific Claim AgreementConstitutionTruth and ReconciliationFigure C-3. Indigenous Nation and Community Governance
35INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCFirst Nations Land Governance System Research, Plans and PolicyOperational ContextIndigenous Naon and Community GovernanceWay of Life, Rights and Title, Legal Order and Land StewardshipIndigenous Naon and Community GovernanceWay of Life, Rights and Title, Legal Order and Land StewardshipInfrastructure Services Programs Admin. & Financial Management Land Management ToolsLeadership, Management & Staff Chief & Council Community Assembly Elders Council Band Manager Planning Team Lands CoordinatorReferrals ClerkLands TechnicianLands Stewards Regional (Tribal)Council Nation GovernmentLands Director/ManagerLands CommitteeHarvesting CouncilLand CodeLand Use PlanTraditional Use & Occupancy StudyEcological AssessmentEnvironmental StudyArcheological Plan Other: Comprehensive, Community, Master, Economic Development, Infrastructure, Capital, Fisheries, Resource Management, Energy, Waste Management, Emergency Preparedness, and Neigbourhood and Site Plans Traditional EnvironmentalKnowledge StudyLand CodeLand Use PlanBylawsReferral ProcessSite GuidelinesBuilding Code GIS Mapping SystemLand DesignationsAdditions to ReservePermitting & LicensingApplications & FormsWater Safety Housing Public WorksCommunity & Health Waste Management Fire ServicesEmergency FacilitiesTransportationEnergy & Heating CommunicationsCultural Pursuits Fisheries Housing Lands MonitoringLand Based Healing Seniors & Youth HuntingLand RecreationHarvestingTraditional FoodsFinancial SystemsFunding AgreementsOwn Source RevenueProject Management Proposal DevelopmentFinancial LawProperty Tax LawFinancial ManagerCharity - Society Cashflow ManagementFinancial ReportingBudgeting CycleAdministrative Law
36OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCELegal and JurisdictionalThe legal and jurisdictional context of your First Nation will impact the scope, approval process (nal authority) and law-making implications of your LUP and it will establish different opportunities for LUP. Aspects of legal and jurisdiction include Rights and Title, acts and legislation, land tenure, government to government, nation to nation, private sector/partnerships: 1. Rights and Title: First Nations have specic rights set out in the constitution which relate to land governance. These rights drive supreme court decisions, land claims, duty to consult and treaties. 2. Acts and Legislation: A variety of acts and legislation will affect different degrees of law-making authority. These involve federal acts (e.g: Endangered Species Act), and sometimes federal laws (e.g. Fisheries Act), which recognize First Nations power to govern, regulate and manage land-related activities, usually on reserve. Under the Indian Act and through delegated authorities under the Indian Act, for example, a First Nation can only enact certain bylaws with approval from the Ministry of ISC. Other governance systems such as the First Nations Land Management Act (FNLMA) and treaty agreements provide First Nations increased authority to make laws in relation to lands and resources.3. Land Tenure: Land tenure structures determine the different forms of occupation and ownership and possibilities a community or individual has with respect to land use and development. First Nations might be involved with planning for lands with a mix of land tenure including fee simple lands, reserve lands, traditional territory lands and/or crown lands, or certicates of posession and customary lands. 4. Government to Government: Land governance involves working and negotiating with other governments. Some of the tools used for this purpose include memorandums of understanding, engagement protocols, reconciliation agreements or service agreements. First Nations might also collaborate with other governments on a regional LUP or Ofcial Community Plan. 5. Nation to Nation: Land governance may also involve working and negotiating with other First Nations regarding shared territory or partnering on joint ventures. 6. Private Sector/Partnerships: Land governance may also involve working and negotiating with the private sector through impact benet agreements, joint ventures or limited partnerships.
37INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCOperational The operational aspects of land governance impact the day-to-day management of lands and resources and include human resources, planning processes and policies, land management tools, service and program delivery, infrastructure and services, and administrative and nancial management:1. Research, Plans and Policy: LUP is one of several important operational tools that can help govern the stewardship and use of reserve or territory lands, including land code, Infrastructure Plans (PDP/IP), Economic Development Plans and Comprehensive Community Plans (CCP). These should all relate together. 2. Land Management Tools: Land governance requires management tools such as referrals processes, bylaws, zoning policies, site guidelines or permitting and licensing. It also involves the support of technological tools such as a GIS mapping system. 3. Leadership, Management and Staff: This includes human capacity–the knowledge, skills and abilities of people to effectively manage land governance.4. Infrastructure and Services: Planning for infrastructure and services is an important aspect of land governance and has huge implications for land use and impacts. Infrastructure planning for housing, transportation, waste management and re services all impact LUP. 5. Programs: First Nations run numerous programs that depend on specic land use such as traditional foods, sheries, health or recreation programs, etc.6. Administrative and Financial Management: Effective governance requires nancial management systems and laws, including managing economic development interests, capital and loans, as well as budgeting, funding, and reporting activities.
38OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCEGovernance Scenarios and LUPAs shown in Figure C-44, there are different governance and jurisdictional arrangements that impact First Nations LUPs. With each governance scenario, there are different levels of authority that shape what aspect of land governance can be decided and enforced by the community. Despite various limitations of jurisdiction, First Nations are undertaking LUP as an exercise in strengthening self-governance, engaging community members and providing direction to staff on decision-making regardless of the jurisdiction. Figure C-44 outlines a spectrum of jurisdiction for First Nations land governance scenarios related to Acts and Legislation and the implications for First Nations LUP. See Appendix 2 (page 305) for a more complete discussion on these jurisdictional contexts. The ve jurisdictional scenarios are as follows: 1. Indigenous Governance: First Nations laws, authorities and institutions have existed since time immemorial and govern the land and the people living on or moving across the land. These systems dene the ability to make, interpret and enforce laws within a territory, the rules of the political system and the roles and responsibilities of members. Indigenous governance is often guided by teachings, stories and philosophies passed down through generations. LUP can be an opportunity for a First Nation to articulate, document and assert Indigenous laws and principles. Despite a lack of clarity as to whether the courts will enforce these laws, First Nation leaders pursue LUP that draws on Indigenous governance models to bring attention to Indigenous legal traditions and the need for reformed governance and control over ancestral lands2. Indian Act: The Indian Act was passed in 1876 to centralize control over First Nations, facilitate assimilation and govern all aspect of their lives on reserve. Under the Indian Act, reserves are portions of a First Nation’s territory reserved for the Indian Band, with legal title held by the Crown for the use and benet of the Band. Reserves are subject to the land management policies of the Crown and ISC rather than First Nations governments or citizenship. Thus, the enforceability of LUPs developed under the Indian “ Indigenous people have the inherent right to develop their own LUPs in their territories. The key message is that planning is part of good governance, regardless of how the Nation is governed. Good planning is good planning and will endure all the legal and political changes, if it’s been developed by and with membership and partners.” Jaime Sanchez, MCIP RPP
39INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCAct is limited. However, First Nations can enact by-laws under certain sections of the Indian Act such as s.81(1)(g) which permits Nations to create zoning by-laws and prohibit land use activities, buildings or businesses that are not in compliance with the zoning by-law. 3. First Nations Lands Management Act (FNLMA): The FNLMAis a way for First Nations to move beyond the Indian Act’sland governance regime to one of greater local control overreserve lands and resources. First Nations that sign on tothe FNLMA can plan for and manage their reserve landsLAND GOVERNANCE SCENARIOSINDIGENOUS - INDIAN ACT - DELEGATED AUTHORITY - FNLMA - AGREEMENTS IndigenousGovernanceIndian Act Delegated Authorityunder the Indian ActComprehensive Governance Agreements First Nations Lands Management ActFigure C-4. Land Governance Scenariosthrough the creation of a land code, drafting a community ratication process and entering into an Individual Transfer Agreement with Canada. The federal government is removed from day-to-day LUP and management decisions. A land code gives First Nations the ability to enact land and land-related policies over reserve lands. A LUP is an important step in entering into this new governance agreement. It becomes an important policy document that guides land use and management decisions and laws.
40OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCE4. Comprehensive Governance Arrangements: Comprehensive Governance Arrangements include Independent Agreements, Treaties, Land Claim Agreements, Modern Treaties and Strategic Engagement Agreements. Under such arrangements, the Indian Act no longer applies. 5. Delegated Authority Under Indian Act: The Delegated Lands Management Program delegates greater LUP and management authority to First Nations. The Delegated Lands Management Program is referred to as “53/60” (for s.53 and s.60 of the Indian Act) and provides First Nations with limited power to manage specic land transactions. The reserve Land and Environmental Management Program (RLEMP) aims to build First Nations land management capacity in preparation for delegated authority. LUP under the Delegated Lands Management Program may include an emphasis on increased funding and administrative responsibilities such as the management of leases or permits and planning for zoning and designations of delegated lands. First Nations can secure a package of rights and benets, including self-governance, ownership of lands, sheries and wildlife harvesting rights, participation in land and resource planning and management, and resource revenue sharing, set in a constitutionally protected settlement agreement. In this context, LUP typically includes a larger region which represents a portion of traditional territory and First Nations gain planning jurisdiction over settlement lands as opposed to just reserve lands. Here, LUPs are an opportunity to establish a vision for land management, to orient a First Nation’s future based on its unique governance arrangements, and to determine laws for treaty settlement for ancestral lands and resources. Under certain comprehensive governance arrangements, a LUP can become a legally binding policy document to manage settlement lands. In summary, the diversity of First Nations’ governance and jurisdictional arrangements in BC means that First Nations create and enforce different kinds of LUPs and tools, different scales with different purposes and scopes to meet diverse needs, scenarios, objectives and outcomes. Table C-1 provides a summary of the ve governance scenarios.
41INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCTable C-1. Governance ScenariosSCENARIOTHEME Indigenous GovernanceIndian Act First Nations Land Management Act (FNLMA)Comprehensive Governance ArrangementsDelegated Authority Under Indian Act Land LegislationConstitutional OrdersIndian Act First Nation land code Treaty or Agreement Indian ActFinal Authority First Nation The Minister of ISC administers land and resourcesFirst Nation administers land and resourcesFirst Nation administers land and resourcesFirst Nation and the ISC Minister administer land and resources, the minister has nal authorityLand to Plan Traditional territoryReserve lands Reserve lands Reserve lands and traditional territoryReserve landsLaw Making AbilityFirst Nation can enact laws, often created and maintained by a constitutional orderFirst Nation can enact specic bylaws under the Indian Act with approval from the MinisterUnder land code, First Nations can make Land Use Laws on zoning, land use, subdivisions, environment, development, parks, revenue moneys, matrimonial property, and settlement of disputesFirst Nation can make a Constitution and laws on land and resources as negotiated in an agreement, in respect to treaty, settlement lands and ancestral landsFirst Nation can enact bylaws through the delegated authorities under S.53 and 60 of the Indian Act with approval from the ISC MinisterOwners of Land First Nation Crown Crown First Nation CrownDependance on Indian Act0% of Indian Act applies100% of Indian Act applies75% of Indian Act applies 0% of Indian Act applies to treaty100% of Indian Act AppliesThe LUP OpportunityAsserting rights and titleDocumenting Indigenous laws and customsManaging land-based on Indigenous lawsProviding direction for decision-makingEnacting specic zoning bylawsEngaging members to create a unied visionProviding direction for decision-makingStrengthening self-governance capacityA LUP is a step in entering into a new governance arrangement Enacting land governance policies and bylawsA LUP is a legal policy document to guide land governance decisionsLegal policy document to guide land governance management and decision-making for settlement landsEngaging members to create a unied visionEnacting more zoning bylawsEngaging members to create a unied visionProviding direction for decision-makingBuilding capacity and assuming responsibility for reserve landStrengthening self-governance capacity
42OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCEIndigenous LUP vs Municipal and Regional PlanningLaw Making Ability: Although First Nations are responsible for similar service provisions as a municipality, many First Nations’ law making ability is restricted under the Indian Act and limited under the First Nations Land Management Act. Municipal planning is guided by the Local Government Act which grants the municipality delegated authority from the Province. Cabinet-approved LRMPs become policy direction for agencies involved in Crown land and resources, and are guided by statutes. Resources: First Nations are likely to have less funding resources and capacity than a municipality or regional government for LUP. Municipalities receive the most signicant portion of funding from property taxes, whereas very few First Nations have a tax base or charge user fees for services. Funding for First Nations LUP is often piecemeal, proposal-driven, formula-driven, conditional and generally inadequate compared to a municipatlity or regional district. The general eld of LUP is typically associated with municipal or regional LUP undertaken by municipalities, regional districts or the provincial governement. Although First Nations municipal LUP and regional LUP typically address land use priorities and objectives, the scope, legal jurisdiction and planning process and product differ substantially. Here are a few key differences worth noting between these contexts of planning. Planning Products, Planning and Approval Process: Municipal LUP is typically guided by a Municipal Ofcial Community Plan (OCP). Regional LUP takes the form of a Land Use and/or Resource Management Plan (LRMP). While OCP and LRMP planning processes may vary in terms of the scale and quality of public engagement/consultation, they follow quite specic procedures in terms of their drafting, revising and approving. First Nations, on the other hand, have more exibility in the planning and approval processes that is followed under a federal system of jurisdiction, and the LUP themselves.
43INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCChallenges of Undertaking a LUPUndertaking a LUP process is a large and complicated task. It can be difcult to gather the necessary nancial and human resources needed to undertake LUP. LUP requires a complex process with many moving pieces, thus needs a process and clear set of steps to follow. There are a variety of reasons that LUP processes get stalled, including funding and staff turnover (see Appendix 3). Depending on a community’s history of LUP and community engagement, it may be hard to get the community involved. Once the LUP is complete, there may be challenges in mobilizing the human and nancial resources to implement the LUP. Or there may be a lack of enforcement capacity or law-making powers to implement the LUPs policies. When undertaking LUP, some common challenges include: • Unclear land ownership: There are a number of reasons why land ownership might be unclear in the LUP context. Perhaps traditional land holdings remain unsurveyed and undocumented, causing uncertainty and conict. In some cases, Certicate of Possession (CPs) took away land without compensation that already belonged to families within a traditional land holdings system. Treaty negotiations sometimes result in disputes over shared territories. • Getting members involved: Depending on your community’s history with engagement, you may be facing cynicism, engagement fatigue or burn out. Making the process fun and engaging might require additional resources or approaches. • Community divisions and trauma: Those leading the LUP process might face resistance and criticism. The process may highlight division between individuals, families and colleagues. The LUP process can unearth traumas related to land ownership, forced removal and loss of connection to land.• Loss of cultural knowledge: Imposed legislation, residential school, alienation from land and language and Elders’ passing have all contributed to the loss of cultural and traditional knowledge. Revitalizing traditional land governance and practices can take considerable time, energy and resources. • Staff turnover: Turnover of staff or changes in leadership can stall LUP, especially if the LUP process is seen to belong to a specic individual as opposed to belonging to the community. As staff age and retire, they take their knowledge and experiences with them. There are not always new staff who are ready to take over the LUP process.
44OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCE• Building capacity and resources: As First Nations move towards self-governance, they need more capacity to meet their goals and responsibilities. Many communities are small in size and have limited capacity. Staff need to keep up with day-to-day responsibilities while LUP is happening and the First Nation may not have the resources to hire staff or a consultant to champion the LUP process. Own-source revenue and available funding for LUP is often not enough to create a LUP. First Nations may have to stop planning for periods of time while they try to get piecemeal funding through proposal writing. • Working with neighbouring communities: First Nations are too often familiar with the context of being planned for by external bodies whether that be a federal or provincial body or external consultants. First Nations are often ignored or excluded from local and regional planning, but are increasingly asserting their right to be planned with rather than planned for. • Overlapping boundaries: Many planning boundaries have been imposed on First Nations. These boundaries may not be representative of occupancy, land use or traditional governance of that area. First Nations need to make decisions as to whether to plan for their reserve lands or their traditional territory and in doing so might be dealing with boundaries that are contested or shared. • Information management: LUP relies on good information. Collecting or accessing that information is time intensive and requires solid systems for collecting, storing and analyzing information. Monitoring and evaluating the LUP requires additional access to good information and a capacity to collect, store and analyze that information to make decisions about whether or not the LUP is achieving the results.Despite these challenges, First Nations are engaging in the LUP process as part of their continued efforts toward strengthened self-governance. LUP can also be a powerful exercise in documenting and asserting Rights and Title. While access to nancial and human resources is still needed, a very encouraging trend is that Indigenous planners, with community-based planning experience and planning education, are on the rise in BC—many of them contributed their expertise to this Handbook.
45INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCSummary First Nations are embracing LUP as an opportunity to advance self-governance, Rights and Title, empowerment and responsibility. LUP processes and products vary, reecting different jurisdictional scenarios and the diversity of Indigenous communities. Your LUP vision, objectives and products are inuenced by the triggering event and benets of LUP your First Nation identies. For example, a LUP process that is driven primarily by the need to create economic development opportunities will look different than a LUP that is driven by the need to reconnect community members with cultural values and the land. That said, you may value both of these reasons for conducting a LUP and design a process that accomplishes both of these needs. There is no right or wrong reason for completing a LUP, but it is important to dene them. Successful LUPs are typically developed to suit the needs, priorities and constraints of your First Nation. While planning according to your capacity and strengths is important, successful LUPs also have a broader, long-term community-based vision. Coming together to create a vision can reconnect members to the land, revitalize cultural protocols, and create enthusiasm that will support implementation of the LUP. In addition, LUP champions are important players in advancing the planning process and ensuring successful implementation, and tracking specic goals, objectives and strategies in your LUP can help to ensure results.Your LUP will be a unique process and product shaped by your cultural identity and legal jurisdiction. These will implicate the scope of your LUP, your law-making ability and process for nal approval. A LUP is a policy document that guides land use and enforcement, and can be used to guide other planning processes such as infrastructure and economic development planning.“In the Yukon we are talking about the act of ongoing reconciliation, regional plans have been scoped to the traditional territory of First Nations, and through planning we are working to create a vision of the future for those regions. Regional planning is the mechanism for us to honour the spirit and intent of the treaties, for us to work out how reconciliation will take place.” Ron Cruikshank, Yukon LUP Council
46OUR SACRED LANDCONTEXT FOR FIRST NATIONS LUP AND GOVERNANCE
preparePlanning is a continuous process with no beginning or end; however, often it is broken down into distinct cycles of planning that require a formal process with a clear start and end. As you embark on your current cycle of LUP, give some thought as to how to start in a good way. In Figure I-2 (p. 19 of Introduction), we name this “Call to Gather” and it represents starting from a place that reects your community’s unique culture, history of planning and current needs. This step recognizes that each First Nation starts from a different set of experiences and with different resources, and that each LUP journey will be different. First Nations begin LUP processes for many reasons. In this step, we invite you to consider the unique purpose and value of LUP for your First Nation. This step involves developing a common understanding of what LUP is, developing some principles to guide the LUP process, deciding the purpose the LUP will play for your First Nation, and understanding the values and risks of embarking on a LUP process.In this section, we explore: Call to Gather, Understand and Decide PurposeWhat is our starting place and why are we Land Use Planning?STEP 1A. Grounding the LUP process in your distinct community B. Dening LUP together C. Understanding LUP basics D. Relationship of a LUP to other plans E. Principles of Indigenous LUP F. Purpose of your LUP G. Benets and risks47
48OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSE“ I learned that a LUP is a big project and can take years and to not rush through everything if I want a detailed quality product.”LUP Workshop Participant (2016)“ We’re starting with a history of inactive plans – how do we make LUP come alive?”LUP Workshop Participant (2016)“ LUP is valuable as a tool towards achieving community vision and goals while protecting lands and resources.”LUP Workshop Participant (2017)“ A LUP is a story about past, present, future state of our territory.”LUP Workshop Participant (2017)“ We share the land with our ancestors and need to protect for our future.”LUP Workshop Participant (2017)“ A LUP is based on your own community’s needs and values.”LUP Workshop Participant (2017)
49prepare• How are we planning for and takingcare of our lands and resources today?• What traditional protocols and lawsgovern our relationship to the land?• How did our ancestors or families useand celebrate the land historically?• What is the story of this place?• How do you use the lands and watersin your territory?• What places are special to you andwhy?• What brings you joy when you are outon the land?• What would your ancestors say abouthow you are caring for the lands?Inviting people to think about the historical roots of your lands can bring out the knowledge and passion in people, creating an emotional and spiritual connection to LUP and the process they are about to embark upon.A. Grounding the LUP Process in Your Distinct Community“We were displaced in the 1700s and 1960s. When we start with stories on the land, it brings out a passion in people more than discussing Land Use Planning.”Tammy Dorward, Project Committee Member, Tla-o-qui-aht First NationJust like no two First Nations’ LUPs look the same, no two processes will begin the same way. These processes will reect the unique characteristics of your First Nation, your community’s strengths and needs, the purpose the LUP serves for your community and your community’s principles and values. In this rst step we invite you to gather and consider as a community how you might engage community members’ hearts as well as their minds. A powerful way to start your LUP process is to provide opportunities for people to reveal and personalize their relationship to the land by inviting knowledge and stories of the land and how they experience the land. You might ask:• When and why did we gather onthe land?• How have we planned for and takencare of our lands and resources inthe past?INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
50OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSEThis step helps ensure that:• Your LUP process and plan reects your distinct people, knowledge, relationship to the land, culture, traditions, laws, protocols and spirituality• Your LUP process and plan meets your community’s needs• You have a better understanding of what can be included in your LUP process and plan• Community members feel personally connected and committed to the LUP process• Your LUP builds off the community’s strengths, celebrates history and cultural identityOne quick exercise that can help get ideas on the meaning of LUP for community members is to place the words LAND, USE and PLANNING up on the wall and ask community members to consider each word individually, and share their ideas on what each of these words means to them (see Toolkit Resouces at the end of step for template).
51prepareB. Dening LUP TogetherBefore discussing the justication and value of LUP for your community, create opportunities to gather, discuss and dene as a community, “What does LUP mean for us?”, or “What does taking care of the land mean to our people”. This will help ensure that you are starting with a common understanding of what a LUP is and what it can do for your community – much like your ancestors and Eldershave done for hundreds and hundreds ofyears. This may help you begin to make early decisions on what the process and plan includes, and what is outside of its scope. It also helps to develop a common vision for what the purpose and value of the LUP is and what outcomes are important (see Step 3). You may ask:• What does LUP mean to you?• Is it important? Why?• Why do a LUP now?• How will it help us?• What are our concerns about LUP?• How have we planned for the land inthe past?• What is the risk or commitment incompleting a LUP?• Are we ready?INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
52OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSEC. Understanding LUP BasicsYou may begin by asking community members to describe what LUP means to them. Throughout the process you may also be introducing and teaching the concept of LUP to community members. You will need to give some thought as to how you want to describe LUP in a way that is accessible and meaningful for community members.WHAT IS LAND USE PLANNING?Land Use Planning is: • A story about the past, present and future states ofyour lands• A way to assert and protect Rights and Title• A way to document your community’s identity andrelationship to the land, and how you will look afterthe land for present and future generations• A process of coming together as a community to discussand decide how to use or not use the land in the future• A process of identifying which lands to protect and developbased on needs, values and priorities• A way to manage competing and conicting uses, and set afoundation that guides future decisions about the landDefinitionDenitions for Land Use Planning:A holistic process that considers the interconnectedness of all aspects of an Aboriginal community, including its traditional, economic, cultural, spiritual and governance context.Building Environmental Aboriginal Human Resources (BEAHR)Planning within, for and by the particular Indigenous community for the place they call theirs…it is critical that Indigenous peoples dene the word “plan” for themselves.Hirini Matunga, Reclaiming Indigenous PlanningLand use refers to the relationship between people and the land – more specically, how the physical world is adapted, modied, or put to use for human purposes. This includes even the “non-use” of lands reserved as wilderness or protected from human impacts.Institute for Local Government, CaliforniaLand-use planning means the scientic, aesthetic, and orderly disposition of land, resources, facilities and services with a view to securing the physical, economic and social efciency, health and well-being of urban and rural communities.Canadian Institute of Planners
53prepareINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCWHAT IS A LAND USE PLAN? A LUP is a document that describes and outlines your vision, directions, strategies and priority actions for how your land will be used in the future. This is called a planning framework. The planning framework should be based on an understanding and analysis of past and present information, values, knowledge and experience. This baseline information can be captured in two common tools — a Community Prole and Situational Assessment (p. 146 in Step 4 and p. 168 in Step 5).A LUP typically includes a set of maps that communicate where certain uses are permitted or not permitted. For each area of your land, or LUP zone or unit, you may develop a set of teachings, policies or guidelines that describe what uses and activities are permitted and not permitted. These tools help to respect the land in a good way. Ideally, this process of learning and talking about the land and various options for how to use it will result in a LUP that is approved by the community and endorsed by leadership. Once approved, the LUP can become the tool to guide management, direct change, support negotiations, secure economic development opportunities, reduce conict, revitalize culture, and so on. First Nations’ LUPs and the processes used to create them are diverse across the province – there is no one “right” approach. Your LUP should reect the unique characteristics and needs of your own community. “It really comes down to the fact that all communities are unique. Not just in a cultural sense, there are often legal or structural differences in the ways that they govern themselves.”Andrew Bak, Territory Management Ofcer, Tsawwassen First Nation “Each community is different. The guiding principle is to make sure that LUP is as unique and suitable to the community as much as possible.”Jessie Hemphill, Partner and Senior Planner for Alderhill Planning Inc., Gwa’sala-‘Nakwaxda’xw Nations
54OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSECCP is sometimes described as a “master plan” or “mother plan” that organizes other lower level plans (e.g. LUP, economic development plan, and health plan) and links them all together. D. Relationship of LUP to Other PlansYour LUP will likely not be your First Nations’ rst plan, nor the last. How does your LUP interact with all of your other planning work, whether it be health planning, Comprehensive Community Planning, economic development planning and so on?Everything that happens in your community affects the land. Ideally, your LUP works in harmony with other plans that have been created in your community (see Figure 1-1 on p. 56). As a process leader, you have the opportunity to help show the connections between different plans to help community members understand how their involvement in other planning processes relates to the current process. Many communities in BC have completed a Comprehensive Community Plan (CCP). A CCP is a process that allows you to consider all parts of your community (lands, culture, economy, governance, health, social, education, infrastructure) and how all these parts relate to and interact with each other. “An effective CCP is broadly supported and understood by members, has the commitment of leadership and can be implemented over time. When implemented, a CCP helps to strengthen governance, improve health, build social relations, integrate culture, increase capacity, and promote self-reliance with respect for the environment and the long-term consideration of all.” Gathering Momentum: Sharing 96 Best Practices of First Nations Comprehensive Community Planning, 2009 (Beringia Community Planning Inc.) Many sector plans (e.g. health plans, economic development plans, education plans, etc.) also impact land use. For example, economic development activities such as a forestry operation or a gas station have impacts on the land. Large infrastructure projects such as a new school or health building require design and location. A LUP can help give direction as to where these projects are placed taking into consideration the overall vision and directions of the LUP, including area and site conditions.In addition to sector plans, you may also have some operational plans such as an emergency management plan, an environmental management plan or an energy plan. An operational plan denes actions to support the objectives of broader, more strategic plans. These plans rely heavily on the same sources of information that help shape your LUP, such as current infrastructure and current land issues, and will ideally help to operationalize some of the principles, values and priorities identied in your LUP.
55prepareCCP AND LUP WORKING TOGETHERIn practice, there is no one formula for how a LUP and a CCP work together. Some First Nations begin with a CCP, others a LUP; others will do one and not the other. The following quotes are meant to demonstrate the diversity of scenarios of how your LUP and CCP could relate to one another. A CCP providing broad direction and a LUP providing more details on land development “CCP is more big sky – it provides broad direction, helps identify the vision and the values for the community. The LUP provides more details on how you want to develop your land. In my opinion, a LUP should designate– residential, commercial, industrial, parks and open space uses so a community can conserve land for future growth and align compatible land uses together.” Jason Locke, Community Planning and Sustainability Manager, City of KamloopsUsing your CCP as a policy document and your LUP as a legally binding document“While CCP and physical development plans are policy documents without legal teeth, LUPs can have more legally binding application when created under a land code.” Ken Cossey, KWC Planning ServicesIncorporating your LUP as part of CCP“We wanted to incorporate our LUP into our CCP, which is a more holistic plan that incorporates social planning, and also includes sections for governance, land and economic development. The CCP makes sense to community members, it makes it easier for members to understand where WFN is headed, it breaks down the silos between projects, and ultimately simplies long-term planning – instead of two planning documents you have one.”Chris Derrickson, Councillor, Westbank First NationDoing LUP and CCP at the same time “My community had originally planned to do a LUP and a CCP at the same time. Though they ended up working on the CCP only, there was an emphasis on land use, so a lot of the work I was involved in was focused on lands and resources.” Jessie Hemphill, Partner and Senior Planner for Alderhill Planning Inc., Gwa’sala-‘Nakwaxda’xw Nations, INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
56OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSELand-Use PlanCOMPREHENSIVE COMMUNITY PLAN Language planInfrastructure planEnergy planAdministraon strategic planSocial services planHousing planWaste management planEducationLanguage and CultureSocial and RecreationHousing and InfrastructureLand and ResourcesEconomic DevelopmentBusiness plansHealth andwellness planMarine protecon planEnvironmental management planFisheries planFeasibility studiesHealth and SafetyRecreaon planCulturalrevilizaon planHeritage planpreparedness planEmergencyMental healthstrategyHazard migaonplanRisk managementplanClimate adaptaon planIntegratedsustainability planGovernance andAdministrationChief and Council strategic planDepartmentaloperaonal plansForestry planTourism planEconomic development planEducaon planFigure 1-1. Relationship between CCP, LUP and Supporting Plans
57prepareE. Principles of Indigenous LUPA principal is a statement about beliefs and values that describes how to live and behave in a good way. Your LUP may start with a set of principles that describes the values and beliefs of your community that will guide the LUP process or plan. Talking about LUP principles as a community is another way to introduce the concept of LUP to community members. Your community’s LUP will be developed based on the principles that best reect the values of your community. As part of the launch of Pacheedaht First Nation’s LUP, a group of Youth gathered to share ideas on how they use the land and how they would like to use it in the future. One of the questions the Youth were asked was “How did your ancestors take care of the land in the past?” and “What rules do we need to take care of the land?”. They wrote their ideas on paddles and stuck them onto a canoe that they had lled with their ideas for the future. This exercise allowed the Planning Support Team to gather ideas from Youth on LUP principles and teach Youth about how principles can move heir vision for the land forward (the canoe lled with their ideas).Example PrinciplesThe following are some common principles of First Nations’ LUPs that make an Indigenous approach to LUP different than western approaches. In the side bar you will nd short descriptions of some western principles or approaches to planning that relate to some of the First Nations principles. Relationship to the land: The spiritual relationship of Indigenous people to the land is central to their identity. Land is the basis of Indigenous spirituality, languages, cultures and knowledge. This relationship to the land is sacred, passed down through each generation and enshrined in living Indigenous legal orders.“In our language there is no word for ‘wilderness’ – it is the same as our word for home.”Tammy Doward, Project Committee Member, Tla-o-qui-aht First Nation“The cultural piece that’s most important is our connection to one another. We have an intricate, complex relationship with the land. Our spirit and the land is who we are. We belong to a larger house territory, a larger watershed.”Sandra Harris, Gitksan Government CommissionINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
58OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSEResponsibility to care for the land: A sacred, collective responsibility passed down through generations to care for the land is evident in Indigenous languages, protocols and stories. Taking care of the land is the foundational concept in land management in many Nations. The Secwepemc peoples express this value as Yucwminte xwexweyt t’e stem ne7elye ne tmicw, Yucwminte r qelmucw, r mesmescen, r spipyuy’e, r sewellkwe, ell re stsillens-kuc, which translates to ‘Take care of everything on this earth. Take care of the people, the animals, the birds, and our food.’ (as quoted on Spiritmap—a website celebrating the Secwepemc First Nation).Honouring Indigenous Knowledge: Indigenous LUP relies on Indigenous ways of knowing and being that has evolved collectively since time immemorial as generations have applied their responsibility to care for the land. Honouring this knowledge in making decisions about the land is a distinct feature of Indigenous LUP. RELATED WESTERN CONCEPTSResponsibility to take care of the land: A related western concept for taking care of the land is stewardship, which refers to the responsible use and protection of the natural environment. Given the sacred relationship to the land described above, some Indigenous communities nd that the term stewardship does not fully capture the depth of the responsibility held by Indigenous people towards the land.Honouring Indigenous Knowledge: The western resource management eld is increasingly recognizing the importance of Traditional Ecological Knowledge (TEK) or traditional knowledge (TK) in understanding ecological systems as a whole. “ Inherent rights passed down from our ancestors that we carry in our hearts, that nobody can dene for us.” Tammy Doward, Project Committee Member, Tla-o-qui-aht First Nation“ Traditional knowledge, Indigenous knowledge, I’d rather use the word First Nations knowledge – future and present, long ago, recent past, present. Trying to put together our lessons learned and prepare for the future. Traditional knowledge is always changing. It is community owned or family clan owned.” Joe Copper Jack, Yukon LUP Council
59prepareInterconnectedness or Holistic Thinking: The idea that all things are connected. This means that no person, animal or thing is taken for granted. Everything has a role and a place. This means that all parts of a system (social, cultural, economic, ecological) need to be considered when planning for the land. Planning for Seven Generations: The concept of Seven Generations is meant to reect the period of time that an individual can grasp. We may know in our lifetime: 1. Great grandparents2. Grandparents3. Parents4. Ourselves5. Our children6. Our grandchildren7. Our great grandchildrenThe concept of planning for seven generations suggests that we plan with a range of 150 to 200 years. The implications for LUP are that it takes direction from Elders several generations back and plans ahead for the needs of our great grandchildren. RELATED WESTERN CONCEPTSInterconnectedness or holistic thinking: This view is consistent with the eld of ecology, on which approaches like ecosystem based management (EBM) are based. An ecosystem is an interconnected web of plant and animal communities in the air, land and water of a specic place. As a land management approach, it respects the needs of all living things within an ecosystem, including but not limited to human beings.Planning for Seven Generations: A related western concept is that of sustainable development which calls for development that meets the needs of the present without compromising the ability of future generations to meet their own needs. What the western concept misses is the importance of meeting those needs by using the knowledge of our Elders. “ In our traditional language, the word for people, land and language all have the same root, the three are tied together and connected.” Colleen Jacob, Xaxli’p First Nation“We have to look back to go forward, look back at the old ways because they worked, they were good ways. It’s possible.” Sandra Harris, Gitksan Government CommissionINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
60OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSEF. Purpose of Your LUPWhy do First Nations embark on the journey of LUP? The answer to that question is very specic to each First Nation and there is an opportunity to dene the purpose as a community. There are a range of reasons why First Nations begin a LUP process which are inuenced by their jurisdictional context and the needs the LUP are intended to address. Clarifying the purpose of your LUP and understanding the jurisdictional context as a community helps develop a shared understanding of why a LUP is needed and what it can achieve. Some of the key reasons that a First Nation might complete a LUP are captured in Figure 1-2 (see Appendix 4 for a full description):
61prepareREASONS TO DO A LUPAssert Rights and TitleEstablish a common vision Care for the land Develop a new governance arrangement Respond to development pressuresSupport relationship- building and coordination Provide certainty over overlapping territories Complement and/or prepare for other planning processes Support community health and healing Strengthen community engagement and self-governance Explore economic development opportunities Guide referrals and development proposals Guide internal decision making and policiesPreserve and revitalize culture DenitionFigure 1-2. 14 Reasons to do a LUPINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
62OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSEA REVIEW OF LUPS ACROSS BCTo meet their needs and objectives, First Nations have created different kinds of LUPs at different scales and with different purposes and scopes. We took a closer look at 14 diverse LUPs undertaken by First Nations across BC between 2002 and 2016 to help describe this diversity. These First Nations ranged in remoteness and size (between a few hundred to several thousand members). Among LUPs reviewed:• 3 focused on part of the total reserve Lands• 3 planned for both reserve Lands and Traditional Territory• 4 focused solely on reserve lands• 3 focused solely on traditional territory• 1 focused on treaty landsEach First Nations community has a unique context and strategic reasons for land use planning. LUP processes are sometimes triggered by a change in governance structure such as through a treaty process or the FNLMA, which may necessitate more proactive and strategic decisions on main reserve or treaty lands. Some First Nations may be facing signicant development constraints and/or resource extraction pressures and want a plan to assist in consultations and Tradional Territory3 PlansTreatyLands1 PlanReserve Lands4 PlansPart of TotalReserve Lands3 PlansReserve Landsand TradionalTerritory3 Plansnegotiations that reects the values and desires of the community. In other cases, a First Nation might want to prepare for changes in land designation, governance and land management structures, or to move towards greater self-governance in the future.A full summary of the 14 plans and LUP review can be found in the toolkit (See Toolkit Resources at the end of step). Each of the plans reviewed are also available online.
63prepareSCALES OF LUPTERRITORYplanning for your entire traditional territoryRESERVEplanning for your reserve landsAREA ORNEIGHBOURHOOD planning for a specic neighbourhood or area within your lands SITE PLANSplanning for a specic site ex. site plan for a new schoolex. housing development site, plan for your community’s Figure 1-3. Scales of a LUPSCOPE AND SCALE OF LUPWhat and which lands are included in your LUP will depend on the needs of your First Nation and the purpose of the LUP as stated earlier. Some First Nations plan for reserve lands as well as their traditional territory using the LUP process as an opportunity to assert self-governance and establish a long-term vision. Planning at a larger scale can help a community assert Rights and Title, educate others on their rights, strengthen claims to their rights (from a Crown legal perspective), and inform ongoing negotiations among other things. Although LUP presents an opportunity to prepare for obtaining more governance powers in the future, most First Nations only have jurisdiction to create certain bylaws under the present Indian Act system.A First Nation needs to decide the scale of LUP to begin with. Some Nations choose to focus on planning for reserve land(s) only. It might even make sense for your Nation to focus on only one area or site of your reserve land to respond strategically to economic or funding opportunities for development. Other First Nations start by doing a LUP for their traditional territory, and then follow with other scales of LUP. Several considerations will inuence the scale and scope of your LUP, including: • The amountof land youhave to workwith, or underconsideration• Your governancejurisdictionand system ofgovernment• Your interest inasserting self-governance• The level or conditionsof funding• The level of capacity tocomplete a LUP on top ofexisting responsibilities• Your community’s needs,urgency and constraintsconcerning the land• Current economicdevelopment activities oropportunities• Land managementexperience• Land-related issues orcrises on or off reserve• Balancing the future visionwith current values, needsand prioritiesINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
64OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSESTORY 1: TAKU RIVER TLINGIT FIRST NATION — THE PURPOSE AND VALUE OF OUR LUPow through the territory, providing habitat for sockeye, king, pink, chum, coho and steelhead salmon. Through the establishment of Salmon Ecosystem Management Areas, LUP protects all major salmon bearing streams. In addition, the LUP designates over 200 of TRTFN cultural sites and landscapes for protection. Wóoshtin Wudidaa supports economic development from commercial recreation and tourism in specic areas.Getting to these agreements involved years of background work in research and planning. We found a partner in the Round River Conservation Society (RRCS), an American-based ecological research and education organization that works on conservation initiatives globally. In 1998, Round River began working with TRTFN to gather ecological and traditional knowledge through mapping, research, and interviewing Tlingit members. Capacity building was a core goal of the collaboration, and the TRT Lands and Resources In July 2011, we signed historic co-governance and co-management agreements with the Province of BC for our 7.5 million acre territory in Atlin-Taku and nalized the joint Taku river Tlingit First Nation (TRTFN-BC) Wóoshtin Wudidaa (Flowing Together) Land Use Plan. These agreements and the joint plan were made possible by a successful court case and over a decade of background work, including our own LUP. It has been a journey. In many parts of BC the Province has created LUPs. These plans have not addressed First Nations interests well. We came to understand the risks of allowing proponent-driven projects to determine how our territory gets developed. It was a longstanding dream of our Nation’s leaders and Elders to have our own LUP. We wanted to articulate our vision for the future of our territory, have guidance in responding to resource development referrals, and negotiate consistently with other governments. Our community gave its leaders the mandate to embark on LUP in 1999.The Wóoshtin Wudidaa Land Use Plan has a strong focus on resource management. This plan now protects more than seven million acres from commercial logging and designates over two and half million acres as First Nation Conservancy Parks. There are 5,310 kilometers of salmon producing rivers that
65prepareand Fisheries Departments worked closely with RRCS to conduct these activities. Previously, TRTFN undertook our own LUP process, which was called 2003 Hà t_átgi hà khustìyxh sìti (Our Land is Our Future), acknowledging that the preservation of wildlife and sheries is central to the preservation of what is Tlingit. The LUP was scoped to our lands and resources that lie within the borders of BC only. The process drew on western science and traditional knowledge sources as well as a full community engagement process. In 2003, the LUP was completed. It has two main components. The rst is a Conservation Area Design document that summarizes the conservation science and traditional knowledge basis for designating the land. The second document is a Vision and Management Direction (“Vision”) document that reports on the values and priorities of the TRTFN community that emerged from the community engagement process. This document is an exercise of governance of our Nation over our traditional territory.Our LUPs- Wóoshtin Wudidaa Land Use Plan (2011) and Hà t_átgi hà khustìyxh sìti (2003) gave us a solid basis for negotiations. While provincial data on our territory was lacking, we had already produced detailed maps and a proposed framework for land use zoning, which took into account a series of specic management directions for conservation, access management, culture and heritage, food security, recreation and tourism, and natural resources extraction.John Ward, Taku River Tlingit First NationG. Benets and RisksWhat are the benets or outcomes of doing a LUP for your First Nation? This can be a question to discuss as a community, but also a question that you will likely need to answer as a process leader. Taking on a project of this size also involves some risks. At this stage, we consider both the potential benets and risks of doing a LUP. BENEFITS AND OUTCOMESDepending on the needs of your community, the benets and outcomes of LUP vary. Figure 1-4 is a general list of potential Purposes and Outcomes to consider when exploring what the value of a LUP might be for your community. “LUP allows development to move forward.” LUP Workshop Participant (2016)INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
66OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSEPOTENTIAL BENEFITS AND OUTCOMES:• Documentation of traditional laws• Management role and ownership established• Statement or declaration of continued occupation• Impact on rights and title and/ or treaty processesLUP OBJECTIVES:ASSERT RIGHTS AND TITLEPOTENTIAL BENEFITS AND OUTCOMES:• Environmental concerns and land management challenges are addressed• Land is protected and/ or developed according to the needs and values of the communityLUP OBJECTIVES:CARE FOR THE LANDPOTENTIAL BENEFITS AND OUTCOMES:• Common ground in community• Shared community vision, values, priorities, needs• Land management decisions are guided by a long-term community visionLUP OBJECTIVES:ESTABLISH A COMMON VISIONPOTENTIAL BENEFITS AND OUTCOMES:• Approved Land Code• Treaty comes into eect• Treaty negotiations, title cases and land claims settlements are informed by community values and prioritiesLUP OBJECTIVES:DEVELOP A NEW GOVERNANCE ARRANGEMENTPOTENTIAL BENEFITS AND OUTCOMES:• LUP process is driven by traditional protocols and values• Recording of traditional knowledge• Identication of cultural resources and sites• Protection of sacred, cultural and signicant ecological areas, including those under threat from external development, extraction and harvesting pressuresLUP OBJECTIVES:PRESERVE AND REVITALIZE CULTUREPOTENTIAL BENEFITS AND OUTCOMES:• Increased community pride • Responsibility and ownership of outcomes• Advanced self-determination LUP OBJECTIVES:STRENGTHEN COMMUNITY ENGAGEMENT AND SELF-RELIANCEPOTENTIAL BENEFITS AND OUTCOMES:• Certainty achieved over jurisdiction and decision-making on shared territories• Negotiations and agreements, treaties, title cases and land claims settlements are informed by the LUPLUP OBJECTIVES:PROVIDE CERTAINTY OVER OVERLAPPING TERRITORIESPOTENTIAL BENEFITS AND OUTCOMES:• Relationship-building and/or coordination with planning processes taking place in neighbouring communities• First Nations are prepared for participation in larger regional planning processes • First Nations can respond to planning processes that they feel they were excluded fromLUP OBJECTIVES:SUPPORT RELATIONSHIP-BUILDING AND COORDINATIONPURPOSE & OUTCOMES OF LUPFigure 1-4. Purpose and Outcomes of LUPPOTENTIAL BENEFITS AND OUTCOMES:• Documentation of traditional laws• Management role and ownership established• Statement or declaration of continued occupation• Impact on rights and title and/ or treaty processesLUP OBJECTIVES:ASSERT RIGHTS AND TITLEPOTENTIAL BENEFITS AND OUTCOMES:• Environmental concerns and land management challenges are addressed• Land is protected and/ or developed according to the needs and values of the communityLUP OBJECTIVES:CARE FOR THE LANDPOTENTIAL BENEFITS AND OUTCOMES:• Common ground in community• Shared community vision, values, priorities, needs• Land management decisions are guided by a long-term community visionLUP OBJECTIVES:ESTABLISH A COMMON VISIONPOTENTIAL BENEFITS AND OUTCOMES:• Approved Land Code• Treaty comes into eect• Treaty negotiations, title cases and land claims settlements are informed by community values and prioritiesLUP OBJECTIVES:DEVELOP A NEW GOVERNANCE ARRANGEMENTPOTENTIAL BENEFITS AND OUTCOMES:• LUP process is driven by traditional protocols and values• Recording of traditional knowledge• Identication of cultural resources and sites• Protection of sacred, cultural and signicant ecological areas, including those under threat from external development, extraction and harvesting pressuresLUP OBJECTIVES:PRESERVE AND REVITALIZE CULTUREPOTENTIAL BENEFITS AND OUTCOMES:• Increased community pride • Responsibility and ownership of outcomes• Advanced self-determination LUP OBJECTIVES:STRENGTHEN COMMUNITY ENGAGEMENT AND SELF-RELIANCEPOTENTIAL BENEFITS AND OUTCOMES:• Certainty achieved over jurisdiction and decision-making on shared territories• Negotiations and agreements, treaties, title cases and land claims settlements are informed by the LUPLUP OBJECTIVES:PROVIDE CERTAINTY OVER OVERLAPPING TERRITORIESPOTENTIAL BENEFITS AND OUTCOMES:• Relationship-building and/or coordination with planning processes taking place in neighbouring communities• First Nations are prepared for participation in larger regional planning processes • First Nations can respond to planning processes that they feel they were excluded fromLUP OBJECTIVES:SUPPORT RELATIONSHIP-BUILDING AND COORDINATIONPURPOSE & OUTCOMES OF LUPPOTENTIAL BENEFITS AND OUTCOMES:• Documentation of traditional laws• Management role and ownership established• Statement or declaration of continued occupation• Impact on rights and title and/ or treaty processesLUP OBJECTIVES:ASSERT RIGHTS AND TITLEPOTENTIAL BENEFITS AND OUTCOMES:• Environmental concerns and land management challenges are addressed• Land is protected and/ or developed according to the needs and values of the communityLUP OBJECTIVES:CARE FOR THE LANDPOTENTIAL BENEFITS AND OUTCOMES:• Common ground in community• Shared community vision, values, priorities, needs• Land management decisions are guided by a long-term community visionLUP OBJECTIVES:ESTABLISH A COMMON VISIONPOTENTIAL BENEFITS AND OUTCOMES:• Approved Land Code• Treaty comes into eect• Treaty negotiations, title cases and land claims settlements are informed by community values and prioritiesLUP OBJECTIVES:DEVELOP A NEW GOVERNANCE ARRANGEMENTPOTENTIAL BENEFITS AND OUTCOMES:• LUP process is driven by traditional protocols and values• Recording of traditional knowledge• Identication of cultural resources and sites• Protection of sacred, cultural and signicant ecological areas, including those under threat from external development, extraction and harvesting pressuresLUP OBJECTIVES:PRESERVE AND REVITALIZE CULTUREPOTENTIAL BENEFITS AND OUTCOMES:• Increased community pride • Responsibility and ownership of outcomes• Advanced self-determination LUP OBJECTIVES:STRENGTHEN COMMUNITY ENGAGEMENT AND SELF-RELIANCEPOTENTIAL BENEFITS AND OUTCOMES:• Certainty achieved over jurisdiction and decision-making on shared territories• Negotiations and agreements, treaties, title cases and land claims settlements are informed by the LUPLUP OBJECTIVES:PROVIDE CERTAINTY OVER OVERLAPPING TERRITORIESPOTENTIAL BENEFITS AND OUTCOMES:• Relationship-building and/or coordination with planning processes taking place in neighbouring communities• First Nations are prepared for participation in larger regional planning processes • First Nations can respond to planning processes that they feel they were excluded fromLUP OBJECTIVES:SUPPORT RELATIONSHIP-BUILDING AND COORDINATIONPURPOSE & OUTCOMES OF LUP
67preparePOTENTIAL BENEFITS AND OUTCOMES:• Improved community health and healing• Strengthened relationships to the land• Increased responsibility to the land throughLUP• Recreational, traditional and cultural uses ofthe land are ensuredLUP OBJECTIVES:SUPPORT COMMUNITY HEALTH AND HEALINGPOTENTIAL BENEFITS AND OUTCOMES:• Tool developed to articulate a future visionthat can guide development in the regionand interactions with local governmentand resource developers• Nation is able to respond to land usechallenges such as land being bisected byright-of way uses such as highways andtransmission lines or a large portion ofland being held by CP holders• Outline of strategic responses to initiativesof municipal, provincial and federalgovernments and industryLUP OBJECTIVES:RESPOND TO DEVELOPMENT PRESSURES AND CHALLENGES LUP OBJECTIVES:EXPLORE ECONOMIC DEVELOPMENT OPPORTUNITIESPOTENTIAL BENEFITS AND OUTCOMES:• Documentation of traditional laws• Management role and ownershipestablished• Statement or declaration ofcontinued occupation• Impact on rights and title and/ortreaty processesPOTENTIAL BENEFITS AND OUTCOMES:• Flexible tool developed to guide electedocials and/ or sta in making strategicdecisions, evaluating competing resourcepriorities, or considering the eect of aparticular activity on the land consistentwith the community’s values• Foundation established for policydevelopment, operational day-to-day planning by leadership and sta• Guidelines developed for the developmentof particular land parcels and traditionalterritoryLUP OBJECTIVES:GUIDE INTERNAL DECISIONMAKING AND POLICIESLUP OBJECTIVES:GUIDE REFERRALS AND DEVELOPMENT PROPOSALSPOTENTIAL BENEFITS AND OUTCOMES:• Decision-making tools are developed torespond strategically to initiatives ofmunicipal, provincial and federalgovernment• Guide developed for responses toindustry referrals and developmentproposals• LUP provided to proponents to helpthem respond to the needs and valuesof the Nation rather than the Nationalways responding to requestsLUP OBJECTIVES:COMPLEMENTED AND/OR PREPARE FOR OTHER PLANNING PROCESSESPOTENTIAL BENEFITS AND OUTCOMES:• Doubling of eorts reduced• Other planning processes that areunderway such as ComprehensiveCommunity Plan (CCP) are supported andcomplemented• Nation is prepared for specic sector-levelplanning such as:► Housing ► Transportation networks► Community infrastructure (recreational, health, educational)► Infrastructure and servicing: sewage, clean drinking water, electricity, energy, etc. ► Economic zone and job opportunities► Food security: farms, sheries, hunting and game, protection of traditional food sources► Heath and social: recreation, health INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
68OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSEOPERATIONAL CONSIDERATIONSGOVERNANCE CONSIDERATIONSJURISDICTIONAL CONSIDERATIONSCapacity: You may have a lack of technical or human resource capacity to undertake planning and/or to implement the LUP when it comes into effectFunding: LUP can be expensive or limited by funding cyclesTiming: Your LUP process may be competing with other internal projects for time and resources (e.g. treaties)Information: There is not enough information to make good decisionsEnforcement: Your LUP may develop a set of policies around managing the land but may lack the resources to enforce complianceCommunity conict: Community conict or lack of trust may prevent you from getting community members involved in your processLack of buy-in: If staff and community members do not understand or agree with the LUP it will be difcult to implementLegal action: You may be planning for land that is involved in a Rights and Title claim or other legal process which creates uncertainty Lack of law-making powers: Depending on your jurisdictional scenario you may have limited powers to create and enforce laws Overlapping territory: Your LUP study area may involve overlapping borders with other First Nations Table 1-2. LUP ConsiderationsCONSIDERATIONSWhile there are many potential benets, there are also operational, governance and jurisdictional considerations before investing in and launching a LUP process. Understanding these risks before starting a LUP process can help your community assess whether or not it feels ready to take on a LUP process and allow you to develop strategies to address the risks.
69prepareFor more informaon check out: First Nations Forestry Council (2009) Ecosystem Stewardship Planning Handbook fnforestrycouncil.ca/downloads/2009_esp_handbook_rev_oct01_nal.pdf Little Black Bear and Associates (2015) Moving Toward a Stronger Future: An Aboriginal Resource Guide for Community Development littleblackbear.ca/wp-content/uploads/2011/12/MTSF-booklet-sample.pdfTOOLKIT RESOURCES: A. Dening LUP exerciseB. Full summary of LUP reviewINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
70OUR SACRED LANDSTEP 1: CALL TO GATHER, UNDERSTAND & DECIDE PURPOSE
You understand what LUP is and have claried the purpose of your LUP. Now you have the information you need to obtain a mandate to plan and organize the people and processes required to lead this work. In Step 2 you consider your past planning history, identify a Champion, dene the approach and process, as well as set up your Planning Support Team. In setting up your Team, you need to assess the capacity, capabilities and skills needed to complete a LUP, and evaluate your needs for external support. The process should meet your community’s unique needs and start by dening the phases and steps of the process. The Planning Support Team should build a Work Plan and budget to mobilize the people, money and information needed to start your LUP process. Get ReadyWhat do we need to get ready?STEP 2In this section, we explore: A. Securing the mandate to planB. Identifying a LUP ChampionC. Reviewing planning historyD. Dening the planning approachE. Setting up the Planning Support TeamF. Assessing capacity, capabilities and skillsprepareG. Evaluating the need for external supportH. Dening the planning phases and stepsI. Establishing roles J. Building the Work PlanK. Determining the budget and resources71
72OUR SACRED LANDSTEP 2: GET READY“ Hiring consultants can be a potential missed opportunity to involve/train community members – more useful process.”LUP Workshop Participant (2016)“ Have clear client/consultant lines – complete control for First Nation after.”LUP Workshop Participant (2016)“ Have a clear Terms of Reference from the get go – avoid cost overruns and poor quality work.”LUP Workshop Participant (2016)“ Educate, plan with community (have them involved from day 1) and invest in planning opportunities.”LUP Workshop Participant (2018)
73prepareTIMINGThe timing of your LUP is important. What else is going on in the community that could compete with the LUP process? Are there any other engagement processes happening that might distract members from engaging in a LUP process (e.g. National Energy Board hearings, treaty negotiations)? Are community members wrapping up another engagement process and feeling burnt out? You want to consider the seasonal patterns of your community and pick a time to launch the LUP process when the greatest number of community members are likely to be around and available to participate. INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCA. Securing the Mandate to PlanOnce you have claried the purpose and value of LUP for your First Nation, as well as the risks of doing a LUP, you will ultimately come to a decision as to whether you should begin a LUP process and why. If the result of this decision is yes, leadership needs to signal this to the community and staff by establishing the mandate to move forward with the LUP process. This can be done by passing a Band Council Resolution, for example, or with another formal or informal way (mechanism) recognized in your community. B. Identifying a LUP ChampionThe rst thing leadership might do to put the LUP mandate into action is appoint a LUP Champion to carry out the LUP process. The LUP Champion is the individual responsible for moving the LUP process forward in your community. Ideally this is someone who is well connected in the community and is familiar with the LUP context. In some cases, the Champion is a staff member from the Department of Lands and Resources, or sometimes the Band Manager may be leading the process. In other cases, a new position is created for this role and a community member is hired. The LUP Champion typically oversees the work of a Planning Support Team (more about the Team soon) and reports to leadership.
74OUR SACRED LANDSTEP 2: GET READYC. Reviewing Planning HistoryThe rst thing that the LUP Champion might do is help review your community’s planning history. Each community has its own planning story: from traditional planning—how ancestors planned for the stewardship of lands and resources since time immemorial—to the impact of contact and colonization and modern planning. Indigenous communities have always planned for the stewardship of their lands and resources. They have actively shaped the environment as it has shaped them. First Nations peoples have always observed the rhythms of the land and organized their trade, transportation, living arrangements and hunting, gathering and shing practices accordingly. Some of those traditional planning practices are alive and well today. For others, those traditions are in the process of becoming strong again. Reviewing the planning history of your community is about claiming and celebrating past knowledge and understanding to move forward. As First Nations land use planners, you are building on the important work of your ancestors and community leaders in preserving your culture, knowledge and history. Acknowledging and discussing this planning history with your community is a powerful way to introduce LUP as the next phase of a continuing process that was started long ago. In recent history, communities likely have a history of completed plans, whether they be project plans (e.g. economic development project plan – a gas station), sector plans (e.g. education plan, health plan, physical development plan) or a Comprehensive Community Plan (CCP) (See Figure 1-1, page 56). Some of these plans may have been community-driven, others may have been completed by an external consultant. In reviewing what worked well and what did not work well in past planning processes, you can prepare a LUP process for a better LUP and set of outcomes. You can also study what actions were identied in past plans, versus what actions have been completed. Finally, you can review what needs or priorities were identied and which of these still exist today.If there are planning processes taking place currently or that were recently completed, help community members understand how the current LUP process ts in. You may also want to create a timeline that lists and celebrates your past and current accomplishments in a visual way, as shown in the TRTFN example captured in Figure 2-1 on the next page.
75prepareConstuon ActFive Year Development Plan 2004-2009� Wóoshn wudidaa Atlin Taku Land Use Plan� Trail to Reconciliaon� Phase 1 report� Community survey report� Elder session report� Leadership session ReportMany Eyes One Vision: Five Year Development Plan 2014-20191993200420112016200320082013Speaking from our Hearts, Listening to our Minds, Weaving our Past, Present and Future Wisdom Together through CCPHa Tlatgi Ha Khusyxh si, Our Land is Our Future TRTFN Vison & Management Direcon for Land & Resources� Framework Agreement between the Taku River Tlingit and the Province of BC� Woosh Wah Du A: Brining it all Together Member SurveyFigure 2-1. TRTFN Planning TimelineINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
76OUR SACRED LANDSTEP 2: GET READYTOOL BOX: SUMMARYReviewing your existing planning history is a way to ensure that you:• Honour past planning traditions and protocols, keeping culture alive• Carry forward knowledge from past plans and planning processes• Reclaim control of and authority over the process of planning• Celebrate your achievements and tackle work yet to nish• Learn from planning that did not go well to plan for a better outcome next time• Link your plans together• Start your current process with a rm understanding of your past Important questions to consider as you review your past planning:• How familiar is the community with the concept of LUP? • What are the community’s expectations around engagement and how engagement will be used to build the LUP?• What plans already exist? • Who completed them? • How were these plans developed? • Are these plans being used or followed?• What are the results of the LUP?• How will this process be different?
77prepareSTORY 2: TLA’AMIN — REVIEWING PLANNING HISTORYWhen the Tla’amin began LUP, a signicant amount of planning work had already been undertaken with the community. The Land Use Coordinator at the time recalled that, “Unfortunately, a lot of our previous plans were gathering dust. It was unclear who would implement them, and how.” The Coordinator and Planning Support Team knew that building trust with the community was needed. The Team did not want people to think that their previous input into planning processes had been forgotten or that it would be again. They wanted to show that they valued that people had already used their own time and initiative to bring out all of their thoughts and hopes for the future. They also realized that the people wanted to know what their parents and grandparents would have wanted. The Coordinator explained that “If there was a plan that came out in 1996 when their grandparents were still living, the grandchildren want to see their ideas recognized, their planning efforts brought to fruition.” A critical part of building trust was to gather together a list of the past plans the community and leadership had created. Plans were reviewed and the input from members who contributed to them was pulled into the current planning process to honour their input and share with members engaged in current planning.INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
78OUR SACRED LANDSTEP 2: GET READYD. Dening Planning ApproachYour approach to LUP is informed by the community’s principles and values, and the purpose of your LUP. Before beginning a LUP process, there is a need to clarify the community’s overall approach to the LUP process. There are generally three ways to approach your LUP process (or your process may combine a blend of these approaches and be adapted as shown in Figure 2-2).This approach is guided by principles of:• collaboration• cultural responsiveness• respect• mutual learningWhere the community is planning alongside an external consultant who contributes specific content, and/or process knowledge and support.Where community members’ knowledge is prioritized, community members drive the process, and the content of the LUP reflects community members’ knowledge, values, needs and decision-making. This approach is guided by principles of: • participatory planning• community empowerment• self-determination Where an external consultant and/or planning agency or one of your staff with expertise in LUP lead the technical exercise of assessing your LUP needs, opportunities and constraints, and making recommendations with limited engagement. This approach is guided by principles of: • efficiency• expertise• precision 3 APPROACHES TO LUPA COMMUNITY-BASED APPROACHA COLLABORATIVE APPROACHAN EXPERT DRIVEN APPROACHFigure 2-2. 3 Approaches to LUP
79prepareAPPROACH PROS CONSCommunity-Based• Community control• Strengthens self-governance efforts• Builds relationships and trust between leadership,staff and community members• Uses local knowledge• Increases capacity and skills• Draws from and deepens traditional knowledge• Strengthens culture and relationship to land• Increases community understanding of LUP• Builds community buy-in and implementationreadiness• Takes time and extensive local resources• Requires internal capacity in communityengagement, research, analysis and reporting• Costs more moneyCollaborative • Opportunity for mutual learning• Benet from external knowledge while drawingfrom local knowledge• Opportunity for mentorship and internal capacitybuilding• Share responsibility and workload• May involve process compromise• External consultants need time to learn abouthow things work in your community• Risk that the consultant is not a good t• Cost of external consultant• Funding being spent outside of the community• External consultants need to be managedThe following Table 2-1 highlights some of the pros and cons of each of these three approaches to LUP:Table 2-1. Comparison of ApproachesINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
80OUR SACRED LANDSTEP 2: GET READYAPPROACH PROS CONSExpert- Driven• Technical analysis of lands and resources• Contribution of specialized knowledge• Potentially the fastest option• Minimize commitment and responsibility of community • Limited resources needed for community engagement• Dependency on outside “experts”• Cost and funding being spent outside the community• Limited community involvement • Decisions not necessarily understood or accepted by the community• Lack of community buy-in and ownershipThe approach your community takes will depend in part on the resources you have, your time and timing, readiness and capacity, and the purpose of your LUP. For example, if the purpose of your LUP is to establish a common vision, strengthen community engagement and self-governance and support community health and healing, a community-based approach may be the best t. However, if you are under a tight timeline to complete a LUP in order to enter into a new governance arrangement or respond to an economic development opportunity, a more technical expert-driven LUP might better meet your immediate needs. The approach taken to carry out your LUP process will impact: • The LUP budget • Who needs to be involved• The need for external support• The role of external support• Time, timing and timelines• How much engagement is required• How much the LUP is driven by local or cultural values and needs• What the nal LUP looks like (documentation)
81prepareE. Setting Up the Planning Support TeamWHAT IS A PLANNING SUPPORT TEAM?A Planning Support Team is the group of individuals responsible for moving the LUP process forward in your community. Ideally this is a group that includes community members (e.g. trapper, harvester, hunter) with knowledge and skills that will be helpful to LUP. The Planning Support Team may also include an elected ofcial, a staff person or an external advisor. The work of the Planning Support Team is typically led by the LUP Champion. VALUE OF A PLANNING SUPPORT TEAMHaving a strong Planning Support Team made up of local community members is a key way to ensure that the LUP process is community driven and culturally appropriate. By giving community members the opportunity to work on the LUP, you are building local ownership and capacity for the implementation of the LUP. When working with external consultants, having them work with the local Planning Support Team ensures that the project remains rooted in local culture and protocols. A LUP is a complicated project that will take lots of time and work. Ensuring you have the right people on your Planning Support Team with the right knowledge, attitude, capacity and skills will help ensure that the job gets done. Ideally your Planning Support Team is representative of your community’s population so that you are getting the value of different perspectives (i.e. men, women, Youth, Elders, family representation including on and off-reserve citizens, etc.). The Team should also include important knowledge keepers in your community or staff with specic knowledge (e.g. biology, sheries, forestry, geology, planning, etc.). “The Committee will guide and steer the process and the questions being asked through the process, also making sure that the questions are understood and put in plain language that everyone can understand. It starts with the family representatives understanding and checking in with their families to see whether they understand and bring that back to the planning table”Steven DeRroy, Firelight GroupINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
82OUR SACRED LANDSTEP 2: GET READYWHY IS A PLANNING SUPPORT TEAM NEEDED?WHO SHOULD BE ON THE PLANNING SUPPORT TEAM?CHALLENGES• To ensure local control of the planning process• To share the workload• To ensure broad representation• To build capacity for implementation and land governance• To have enough capacity and skills to get the job done• To build community ownership of the LUP• To promote transparency and good governance• To help guide the process in culturally appropriate ways• To ensure local knowledge and skills are valued and applied• Broad representation: men, women, Youth, Elders, family representation• Community experts: hunters, trappers, shers, cultural guides, knowledge keepers• Diversity of planning skills: communications, event planning, administration• Staff and external support: lands director/coordinator, GIS specialist, land use planner, biologists, geologists• Commitment of members• Funding (for salaries or per diems)• Scheduling, timing• Finding the right mix of skills• Finding the right mix of members to represent diversity of community• Working with consultants• Staff turnover• Access to information• Reliability and trustThe following Table 2-2 summarizes the value of the Planning Support Team, who should be on the Planning Support Team and potential challenges. Table 2-2. Summary of Planning Support Team
83prepareSTORY 3: KLAHOOSE — SETTING UP A YOUTH PLANNING SUPPORT TEAMa team of two other Youth community members, Steven Brown and Johnny Hanuse, to create the CCP. Beringia Community Planning was hired to mentor Cheyenne as she designed and delivered the planning process and wrote up the results of the process into a nal plan.Although Cheyenne did not have a lot of experience or formal education in planning, her enthusiasm for learning engagement methods and how to research and analyze information made for a successful collaboration. Cheyenne was able to draw on Beringia for support while using her own knowledge and connections with the community to engage members on and off-reserve in the planning process. Cheyenne said, “We found ourselves overwhelmed at times with new information and experiences. But we gained so much insight and experience from being pushed outside of our comfort zone. Through our community engagement the most important thing I learned was that we needed time to come together and reconnect”. The Planning Support Team’s major challenge was to get Youth interested in planning and thinking about long-term goals, especially Youth living off reserve. Cheyenne recalled that “There were a lot of wordy documents and presentations so we tried to condense and simplify the information and get more hands on.” KFN Youth Planning Support TeamIn 2014, Klahoose First Nation (KFN) began engaging the community in LUP issues through the rst phase of a Comprehensive Community Planning (CCP) process. KFN is gearing up to create a LUP to complement its Phase 2 CCP. KFN sees an on-reserve LUP as the next phase of its CCP process, informed by the CCP’s vision and goals and the philosophy that “every decision we make and action we take impacts our land”. KFN is also in Stage 4 of the treaty process.Klahoose Youth Challenge:For its Phase 2 CCP process, KFN made a bold move. The community wanted to see more community engagement, particularly among Youth. To achieve this, they put Youth planners in charge of the process. Cheyenne Hope, then in her early 20s, moved back to her home community to get involved. Cheyenne was hired as the CCP Coordinator to work with INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
84OUR SACRED LANDSTEP 2: GET READYIn one Youth-focused workshop, participants were invited to create collages that explored community strengths, issues and concerns, and potential solutions. Cheyenne found that once the Youth got involved, they were the ones who were most excited about the planning process. They understood that the results of the LUP would shape their futures. Cheyenne and the Youth Planning Support Team created a Facebook group, which became a main source of information for members and turned out to be a great way of connecting with people living off reserve, particularly Youth. KFN has struggled to engage off-reserve membership and realized they had to make information accessible to all members. Facebook was the best option because those who did not have an account knew someone who did. Cheyenne and her team used Facebook to post links to CCP articles, photos, links to surveys, announcements and events. In addition to community-wide engagement, the Youth CCP team also found innovative ways to reach out to Youth and meet their needs. These included road trips to visit off-reserve members and gathering Youth together to travel by boat to parts of their traditional territory they had never visited before. There was a major boost in condence for the Youth Planning Support Team and the Youth involved in the process. They were able to contribute new ideas, learn new skills, and connect with the land and their Elders. Some of their ideas were to create apps to support language learning, record videos and livestream community meetings, and introduce short electives and experience-based learning in high school to help them decide their career path. In the words of one Klahoose Youth, “It is important as Youth to stand up in front of our Elders and show them we need to honour our responsibility as KFN members. Not only for ourselves, our children, and grandchildren...but to honour our ancestors. The people who rst walked this land, who fought to keep our heritage, before and after colonization.” The Klahoose community responded enthusiastically to the Youth Planning Support Team. Elders were excited to see their Youth taking charge of their community’s future. The community was pleased to see young people involved in governance and decision-making and growing their capacity to play an important role as advisors and participants in their upcoming LUP process and to work for the First Nation’s future. Through the CCP process, Cheyenne learned that, “It is important to ask lots of questions - from leadership to community members: everyone has something to teach you, and everyone should be involved because this is our future that we are planning.”STORY 3: KLAHOOSE — SETTING UP A YOUTH PLANNING SUPPORT TEAM (CONTINUED)
85prepareSETTING UP THE PLANNING SUPPORT TEAMThe following questions can help you think through some important considerations in creating a Planning Support Team:Recruitment• How are participants invited to participate inthe Planning Support Team?• How is the opportunity to participatepromoted?• How do people show their interest toparticipate?• What is the process to select team members?Roles and responsibilities• What is the role or purpose of the PlanningSupport Team? (see Toolkit Resources at theend of step for sample terms of reference)• What are the roles and responsibilities ofmembers?• What is the decision-making authority of thePlanning Support Team?• What is the level of commitment andexpectations of members?• Who is responsible for the Planning SupportTeam?• How will members keep track and report ontheir work?Participation• Who will participate on the Planning SupportTeam and how many people?• How will members of the Planning SupportTeam be selected?• Who will lead and champion the PlanningSupport Team?Makeup• What are the required or desired skills,attitudes or personal qualities of members?• What is the demographic makeup of yourcommunity, and how will membership in theteam reect this?Decision-making• How will decisions be made andcommunicated?• What is the relationship with Chiefand Council?Compensation• Will members volunteer or be paidfor their time?• How will the contributions of thePlanning Support Team be acknowledged?INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
86OUR SACRED LANDSTEP 2: GET READYTIPS FOR CREATING A PLANNING SUPPORT TEAM 5 Communities can also use the information collected from the skills inventory to determine what role and skills need to be hired from outside of the community. In some cases, communities may need to hire a community or land use planner to guide the process, or in others, hire GIS technicians, facilitators or researchers for specic but limited tasks 5 Whatever a community’s planning needs may be, it is important that you consider how you can best use external planning support. For example, communities can build in a training component should they hire external planning support. This involves having community members work along side planners or technicians in a hands-on learning and mentoring situation. Creating a learning agreement with the community trainee, and stating the obligation to train and mentor community members directly in an external contract with any hired support is ideal. 5 Ensure a mix of people (experience, background, interests, education) 5 Ensure broad representation (family, skills, young and old, men and women) 5 Expect turnover of team members (plan for contingency) 5 Honour involvement (reward, recognition and acknowledgement) 5 Build skills and increased responsibility as you go, offer training opportunities to your Planning Support Team 5 Ensure a mix of skill sets that are helpful for LUP (project management, facilitation, research, event planning) 5 Establish some clear terms of reference that outline roles and responsibilities for each team member 5 When forming the Planning Support Team, think about inviting members who have some of the skills listed above. Once the team is established, a knowledge and skills inventory could be completed to assess what kinds of knowledge and skills are missing (see sample skills inventory checklist in Toolkit Resources at end of step). Then a plan can be crafted of how to address any gaps in knowledge and skills
87prepare“The capacity of First Nations is a pressing issue that has been ongoing for a number of years—be that the number of people available, skills and knowledge, or access to revenue/resources/funding.Angel Ransom, Angel Ransom Consulting“We have capacity challenges—there’s a brain drain, people we hire leave for other opportunities. We can’t do things as fast as we’d like to.Andrew Bak,Territory Management Ofcer, Tsawwassen First NationF. Assessing Capacity, Capability and SkillsPart of assessing your readiness to start a LUP process and identifying who should be on the Planning Support Team is thinking about the specic capacity, capability and skills required to complete a LUP. There are three broad categories of skills required to support a LUP process: • Content and knowledge skills: Traditional knowledge, land-based economicdevelopment, ecology, archeology, etc.• Planning and process skills: Data gathering, data analysis, informationmanagement, policy making, mapping, implementation, monitoring andevaluation, etc.• Communication and engagement skills: Group facilitation, event management,effective communication – writing and documentation, group decision-making,conict resolution, using technology, etc.INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
88OUR SACRED LANDSTEP 2: GET READYFor a LUP to be a relevant, useful and culturally-appropriate document for First Nations, the community must lead the planning process. In some cases, there may be a need for the community to engage the services of an external consultant or a community planner to provide process or technical support, and to contribute to building planning capacity in the community. However, this relationship must be carefully considered and dened to ensure the external consultant works with the community in a good way. The skills inventory may identify some gaps in skills that could be lled by an external consultant. The following lists suggests some other reasons why you might involve an external consultant. WHY HIRE A CONSULTANT?• Add/access specic expertise (e.g. mapping, policy and analysis, community engagement)• Manage complexity and conict• Share the workload • Supplement staff resources and time• Enhance objectivity• Increase visibility of the project• Provide training and mentorship support • Help meet deadlines• Meet legal and technical requirements• Provide an opportunity to learn about the approaches taken by other communities and industry good practicesG. Evaluating the Need for External SupportSee the Toolkit Resources at the end of this step for a brief on working with consultants for a discussion on: • Scenarios for hiring a consultant• Roles of a planning consultant• Step-by-step guide on how to hire a consultant
89prepareNow that you have your LUP Champion and your Planning Support Team, including any external support, the rst task of this team could be to map out the process in a series of phases and steps and provide an overall timeline. You might nd that the general four phases of this Handbook (Prepare, Decide, Act, Reect) and the steps proposed are a useful structure to apply to your own LUP project; but most likely you will adapt these steps to meet your unique context and needs. There are a number of reasons for breaking the LUP process down into phases or steps: • To break what could be a multi-year project into more manageablesections• To help guide Work Plans• To help manage the scope of the LUPprocess and set some limits as to whatthe process will and will not do• To coordinate funding (often largemulti-year LUP processes are brokendown into one-year phases in order toaccess yearly funding)H. Dening the Planning Phases and Steps“It’s really important to dene the scope of your planning exercise – stage it out, sequenceit out. Scoping will setyour planning exerciseup for success.Steven DeRoy, Firelight Group• To easily communicate withcommunity members the overallprocess, and orientate them towhere you are in the processSome First Nations have taken the opportunity to apply a cultural metaphor to communicate the phases and steps of their LUP process. For example, the Taku River Tlingit First Nation (TRTFN) drew from the salmon cycle to describe the phases and steps of their planning process (see Figure 2-3). They described:1. The process of getting ready to planas spawning2. The process of coming together andlearning as hatching3. The process of creating a commonvision as a journey to the ocean4. The process of putting the visioninto action as summer harvest; and5. The process of reecting on resultsas returning homeINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
90OUR SACRED LANDSTEP 2: GET READYFigure 2-3. TRTFN Salmon Cycle
91prepareLUP can be a complex process to manage. The staff, volunteer and consultant hours this project can generate can be overwhelming, especially for staff who may also be balancing the day-to-day operations of their regular jobs. Depending on the governance structure of your LUP process, you will be trying to coordinate the efforts of: • A LUP Champion• Members of the LUP Planning Support Team• An Advisory Committee• Leadership• Staff• External consultants• Community members• External stakeholdersI. Establishing RolesTHE ROLE OF THE LUP CHAMPION AND PLANNING SUPPORT TEAMThe LUP Champion is the person who is ultimately responsible for keeping the process on track. This person leads the work of the LUP Planning Support Team and serves as a link between leadership and the Planning Support Team. This person is often also the face of the LUP process, so community members know who they can come to if they want to learn more or get involved. The Planning Support Team, as discussed earlier, are the ‘doers’ INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
92OUR SACRED LANDSTEP 2: GET READYof the LUP process. Their roles and responsibilities vary depending on the size and nature of the project, but ultimately, they are the ones who will do the work to keep the LUP going. THE ROLE OF AN ADVISORY COMMITTEEIn some instances, leadership may want to involve an Advisory Committee to oversee the work of the LUP Planning Support Team. Unlike the Planning Support Team, who are actively carrying out the process, an Advisory Committee is less actively involved but provides advice at key decision-making points throughout the process. An Advisory Committee may already exist in your community (e.g. a Lands Advisory Committee) and will need to be included in this process. Or, you might create an Advisory Committee specic to the LUP process. Members of an Advisory Committee can be your community’s knowledge keepers, often Elders, who provide guidance on the principles and values that should guide the process. Or, they might create a committee of subject area experts who contribute specialized knowledge to guide the process. Sometimes Advisory Committees are a way (mechanism) to ensure balanced representation from different groups in your community. An Advisory Committee might include representatives from different families or clans, or from different age groups (Youth and Elders). Like a Planning Support Team, an Advisory Committee should have terms of reference to guide them. Key moments in the process that will require consultation with the Advisory Committee should be established early on. THE ROLE OF LEADERSHIPYour community’s leadership, whether it is the chief and council, hereditary leadership or a post treaty leadership structure, has an opportunity to play numerous roles in your LUP process. Depending on your approach, these roles can vary. In some communities, leadership plays an active role in championing the LUP process. In other communities, leadership stays behind the scenes to leave room for the community to make the process theirs.
93prepareM O R E INV O LVEDROLE OF LEADERSHIPAssign a Council member to participate on the Planning TeamPass a resolution formally endorsing the LUPAuthorize a mandate to do the LUPAuthorize the setting up of the Planning Team and delegate decision-making powerSpeak at a LUP launch event and/or LUP wrap up and celebration eventParticipate in LUP community engagement eventsWrite the preface or an opening letter to include in the final LUPReview drafts and approve LUP contentFigure 2-4. Role of LeadershipThere are many ways leadership can get involved, ranging from minimal to formal involvement such as providing a mandate for the LUP process or in the ofcial endorsement of the LUP. Figure 2-4 below provides examples of how leadership might get involved in and support the LUP process. INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
94OUR SACRED LANDSTEP 2: GET READYFor some communities, leadership support will be very important for the legitimacy of the plan. In other communities, the perception that it is a leadership-driven process might threaten the community-driven nature of the LUP. THE ROLE OF STAFFStaff will play a key role in putting your LUP into action. For this reason, it is very important to involve staff in your LUP process. The work of all of your departments (e.g. lands, economic development, health, education, infrastructure, etc.) relates to the land in some way. A LUP process provides an opportunity for coordination of different departments in working towards a unied vision for the land. This can be done in a number of ways: • By ensuring that a staff member is on the Planning Support Team and/or the Advisory Committee• By holding staff workshops early on exploring the role and value of LUP• By involving staff early on in compiling information needed to do the LUP from various departments • By conducting interviews with staff with key roles relating the LUP to ensure that their knowledge contributes to the process• By holding LUP workshops with staff throughout the process to ensure their knowledge is collected, they understand the LUP and build their capacity to implement to LUP• By presenting the draft LUP to staff and allow discussion on implementation readiness and necessary revisionsTHE ROLE OF THE PLANNING CONSULTANTThe external planning consultant, if you work with one, needs to have a very specic role that is controlled by your First Nation. As explored earlier, an analysis of the knowledge and skills needed to complete a LUP may lead you to decide how to involve the help of an external planning consultant. Their role will vary, depending on your community’s needs.
95prepareWhat might a planning consultant do?• Develop funding proposals• Plan process design and support• Community engagement• Design and facilitation• Facilitate community visioning• Prepare Work Plans• Complete research and mapping• Complete knowledge and dataanalysis• Policy development• Manage partnerships• Conict resolution• Capacity building• Communications• Plan documentation• Implementation and action planning• Monitoring and evaluationFigure 2-5 presents some suggestions of different roles a planning consultant could take (see Toolkit Resources at end of step for full brief on working with consultants).ROLES OF A CONSULTANTMENTORCOLLABORATORPROBLEM SOLVERADVOCATEFACILITATORTRAINERSTRATEGISTEXPERTADVISORRESEARCHERCOMMUNICATORFigure 2-5. Roles of a ConsultantRoles of a planning consultant: Mentor: Providing guidance on process or planCollaborator: Sharing work load and decision-making Problem solver: Helping dene and understand optionsAdvocate: Championing your workFacilitator: Assisting you through the process or stages of planning Trainer: Teaching all parts of the process, including skills and toolsStrategist: Identifying options for what approach should be takenExpert: Providing expertise in a particular areaAdvisor: Giving advice, suggestionsResearcher: Collecting, organizing and analyzing informationCommunicator: Sharing results of the processINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
96OUR SACRED LANDSTEP 2: GET READYTHE ROLE OF THE COMMUNITYThe role of the community will vary depending on your approach (see section D: Dening Planning Approach). The community represents an important source of information on your First Nation’s current situation and vision for the future. An understanding of their lived experience will help you as process leaders to understand your community’s: • Values• Principles• Strengths• Needs• Opportunities• Challenges• Hopes and vision• Needs and strategies• Actions and solutionsIdeally, your LUP will be shaped by this understanding. Your LUP process also provides a key opportunity to build unity and a common vision. For this to happen, community members need to feel like they are playing a meaningful role in the process and that their contributions are being valued. We will discuss community engagement at length in the following Step 3: Engage Community.COMMUNITY INVOLVEMENTIn general, community members are going to play the role of participants in the process, sharing their knowledge, stories and information by participating in community engagement activities (e.g. focus groups, open houses, world cafés, completing surveys, etc.). Consider what other roles community members might play to support your process. For example, you might use community volunteers as helpers during community engagement events: setting up chairs, taking notes, preparing or serving food and taking photos. You might draw on your community to design a logo for the process or to come up with a name for the LUP. Community members most involved in your process might be invited to participate in the Planning Support Team. Any opportunity to involve community members in the process will help build buy-in for the LUP, which will be important when it comes time to put the LUP into action.
97prepareA Work Plan is a tool to help manage the phases and steps of the LUP process, and to support tasks, people, timelines and budget. It breaks bigger pieces of work down into a series of smaller tasks and activities, designates who will be responsible for what, and when tasks will be completed. Completing your Work J. Building the Work PlanPLANNING TASK CORE ACTIVITIES RESPONSIBILITY OUTCOME TARGET DATECreate Planning Team1. Determine planning needs andqualications2. Decide on process to select members3. Post notice4. Select members5. Announce membersPlanning Champion Members of Planning Support Team establishedJune 30, 2018Develop Terms of Reference1. Organize workshop2. Undertake research3. Compile results4. Approve terms of referencePlanning Support TeamPlanning ChampionTerms of reference approvedJuly 15, 2018Plan will give you an estimate of the time and resources required to complete the LUP. This sample tool in Table 2-3 outlines a few early planning tasks and core activities (see Tools and Resources at end of this step for a more complete Work Plan template). For each task, the Work Plan assigns who is responsible, what outcomes are expected, and a target date for completion. The LUP Champion and the Planning Support Team can use this tool to organize people and track progress. Table 2-3. Sample Work PlanINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
98OUR SACRED LANDSTEP 2: GET READYThe Work Plan aims to address the following questions for each planning task:• What resources will youneed?• What activities/taskshave you planned?• What is the timeline foreach activity/task?• What is the productor deliverable for eachactivity/task?• Who is responsible forthe activity/task?• What is the result foreach activity/task?K. Determining the Budget and ResourcesCreating a LUP is a focused effort that may take place over a number of years and will require people and money. Implementing the LUP will also require resources.Many factors will inuence the cost and the time it takes to complete your LUP process. Your Work Plan is a tool to guide and manage the budget and help estimate the costs and expenses associated with each task on the Work Plan (see Toolkit Resources at the end of this step for a sample LUP Work Plan). BUDGET CONSIDERATIONSCost and time is influenced by:Planning approach: A large-scale community engagement effort will be costlier and take more time than limited community engagement.Capacity (internal and external): What is the capacity of your staff to undertake the LUP process. Will you need to involve external consultants? What opportunities exist to build the capacity of your staff through the LUP process? The fees for external consultants will need to be built into the budget. An emphasis on learning and training requires more time. Information needs: Do you have access to the data and information needed for your LUP (e.g. population growth projection, traditional use study, environmental assessment, hydrology study)? These research projects or studies may require external support and could be costly and take time.
99prepareTechnological needs: What tools are required to assess options and analyze results of various land use options (e.g. computer modeling, scenario building) and what technology is needed to gather and store data (e.g. GIS)? If you do not already have these technologies, their cost should be factored into the budget.Unexpected delays: Process and information delays are common due to a variety of potential factors (e.g. staff turnover, funding issues, unexpected social/environmental events, etc.) which can impact the length of the LUP process and result in additional costs to complete the LUP.Graphics: A highly visual, graphically innovative LUP requires adequate budgets for graphic designers. If you anticipate needing multiple LUP products (e.g. plan, brochure, poster, video), you will need to plan for higher graphics costs.Size and location of the community: A larger populated community requires more time and effort for community engagement. A remote community may have higher transportation costs when bringing people and external technicians or consultants together. A larger LUP area may require more resources for information collection. Legal obligations: If your LUP is part of a process of land code or part of a treaty process, it may involve higher legal costs.“There can be tremendous variation in the cost of planning between regions depending on current land use and interests and how much the landscape is likely to change. If there is signicant current or planned development, your LUP expenses can go through the roof. Another major variable is the amount of traditional knowledge collection that has been done. If that has not been done, the LUP process will also be burdened with the cost of organizing that knowledge.”Ron Cruikshank, Yukon LUP CouncilINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
100OUR SACRED LANDSTEP 2: GET READYFUNDING AND PROPOSAL WRITINGThe funding for your LUP will impact your time, timelines and the timing of your process. Government-accessed LUP funding is typically tied to the scal year calendar (March 31st). If your LUP process is anticipated to span multiple years, you may need to organize your efforts into phases and reapply for funding each year to complete subsequent phases of planning. The lack of multi-year funding can be disruptive for communities. It could be helpful to explore a diversity of funding sources so that your LUP process is funded by a combination of government funding, own source funding, partnerships and private-sector funding. Applying for funding requires a strong proposal writer who can research different funding opportunities and create successful funding proposals. See Toolkit Resources at the end of step for a list of potential funding sources for LUP. BUDGETA budget identies costs and expected expenses to create the LUP or part of a LUP over a set period of time. Budgets are usually developed for a scal year and broken down into quarterly and monthly budgets. The budget is an important tool to help you prioritize how to spend money, to make sure that costs do not exceed the available resources, and as a tool to report back on how resources have been used. Start with a spreadsheet that lists the cost and expenses you expect – this is called a cost model and you can set it up with formulas so you can adapt numbers as needed (e.g. number of days, trips, etc.). (See Toolkit Resources at the end of step for a sample budget worksheet). “ “First Nations governments need the resources not only to prepare and develop plans, they need to have resources to implement, update and enforce their plans. Such revenues must come from the wealth of their lands. These are acts of self-determination and self-governance that require full political support and mandates from First Nations leaders in a community for technicians and policy advisors to be successful. Good LUP also understands its limits – it is a critical part of several approaches to heal the land and the lives of members.”Jaime Sanchez, BC Assembly of First Nations
101prepareSome categories of costs that should be considered are: • Administration costs: There will beadministrative costs related to themanagement of this project includingbookkeeping, nancial reporting and ofceadministration• Salary costs: Consider the salary for the LUPChampion and if a per diem or salary will bepaid to Planning Support Team members.Consider the time they will need to spend onthis project including research and analysistime• Consulting fees: If you engage with externalconsultants such as a planners, lawyers,mappers or engineers to support yourprocess, you will need to gather quotes todetermine total consulting fees• Travel costs: Consider how many trips towhich locations will be required to completethe LUP process, and then cost out the priceper traveler by travel means (e.g. ight, bus,ferry, mileage) and accommodation• Event cost: Consider the number of events andbudget per event including workshop supplies,food, hall rental, and door prizes• Printing costs: Cost out how much is neededto print materials throughout the process (e.g.informational material, newsletters) and toprint your nal LUP• Communications costs: If your project requiresa website or another online engagementplatform, the costs for those online tools shouldbe considered• Graphic design costs: Include the costs tosupport communications throughout theprocess and to help build yournal LUPThe budget should be reviewed on a monthly, quarterly and annual basis and adapted as needed. INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
102OUR SACRED LANDSTEP 2: GET READYSTORY 4: CANIM LAKE — MOBILIZING FUNDING FOR LUPWe have developed a Forest Stewardship Retention Plan (FSRP), which was approved by Band Council Resolution in 2013. This was a LUP exercise for Snine Forest, an area at the core of our traditional territory. The FSRP is considered a key piece of a future Canim Lake Band LUP. We have also started to plan specic land parcels, which will inform our full LUP. We have developed a plan for IR#1, which is our largest property with three subdivisions. We also reviewed our designation for lot #150 and engaged both on-reserve and off-reserve members in the decision-making process. We are pursuing a number of economic development initiatives on reserve land and have a strong commitment to engaging the community in these decisions. Any time we meet with potential business proponents, we ask our community members for input. As we prepare for developing a comprehensive LUP, we are consolidating all of our planning knowledge. We are currently in the last stage of our CCP process and through this we are merging all of our plans, including our Professional Development Plan, operational planning and FSRP. If we go into land code, we will have all of our land and nancial laws already integrated with our CCP in one document. Through good coordination we won’t have to double our efforts in future. Ultimately, we have not let a lack of funds stop us from drawing on our strengths and doing a variety of things in our community to prepare for LUP. Canim Lake Band is a First Nations government of the Secwepemc Nation, located in the Central Interior region of BC. We are approximately 600 members and are known in the Shuswap language as the Tsq’esenemc “People of Broken Rock.” We have rights and title to our traditional territory and have always been responsible stewards. We are eager to develop a full LUP but one of our challenges has been to nd sufcient funding. Funding we’ve obtained has been piecemeal and not enough to complete the planning process and often we feel like we have been forgotten. It is especially challenging to get funding for implementation, particularly for infrastructure development and servicing. To manage the ongoing funding struggle, we have decided to approach the development of a LUP in phases, which will also help us align it to our treaty negotiations.
103prepareTIPS FOR BUDGETING A LUP 5 Break your LUP process up in phases and steps based on what you have the budget and capacity to accomplish, then focus on one phase at a time 5 Use the activities in your Work Plan to build a budget for each step 5 Take the time to research costs to do and implement the LUP 5 Plan for unanticipated costs- costs may drift so put some funds aside for the unexpected 5 Track costing and monitor spending as you go 5 Explore a diversity of funding sources (e.g. government funding, in source funding, partnerships, private sector funding) 5 Consider hiring someone with proposal writing experience to actively go after new sources of fundingINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
104OUR SACRED LANDSTEP 2: GET READYTOOLKIT RESOURCES: A. Sample terms of referenceB. Sample LUP Work PlanC. List of LUP fundsD. Sample budget templateE. Sample skills inventory checklistF. Working with consultants briefG. Consultant evaluation rubric
A successful LUP process requires strong community engagement. You have claried the purpose of your LUP and organized the process, people and resources you need to get started. The next steps are to understand the spectrum and value of engagement, decide how the community will be engaged in the LUP process, and how best to communicate results. A successful LUP process involves developing an Engagement and Communications Strategy to guide and maximize outcomes throughout the planning cycle.In this section, we explore: Engage CommunityHow do we build this plan together?STEP 3A. Understanding community engagement and communicationsB. Realizing the value of engagement C. Anticipating community engagement challengesD. Developing a community Engagement and Communications Strategyprepare
106OUR SACRED LANDSTEP 3: ENGAGE COMMUNITY“ Community engagement gives membership a voice – gets them involved and gains support.” LUP Workshop Participant (2016)“ Community engagement gathers different points of view so that LUP decisions are more robust." LUP Workshop Participant (2016)“ Community engagement builds relationships to get everyone on the same page.” LUP Workshop Participant (2016)“ Community engagement offers the potential to foster healing and reconciliation between different factions." LUP Workshop Participant (2016)“ Engagement with all community members is key – Youth (children/teens), adults, Elders."LUP Workshop Participant (2017)“ A resurgence is happening and the Elders need to pass on their wisdom to the next generation." LUP Workshop Participant (2018)
107INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareA. Understanding Community Engagementand CommunicationsCommunity engagement is a process of bringing people together to learn and to share stories, knowledge, information and ideas in a way that supports making effective, informed decisions. In this Handbook, we focus specically on the process of bringing people together to help make decisions about the present and future use and protection of lands and resources throughout an entire planningcycle.Since time immemorial, Indigenous communities have practiced traditions and protocols around communal and collective gathering and decision-making unique to their community. Many communities have traditional ways and protocols to carry out engagement that are alive and well today. These might include annual general assemblies, clan gatherings, potlatches, council meetings, community or communal meetings, family-based meetings, Elders gatherings, and numerous other public and private ways of working together. This is not to say that the experience of community engagement is without difculty. The history and results of community engagement are complex and mixed. Understanding the engagement history of your community is an important rst step in building successful community engagement.Equally important is how you decide to communicate with community members and when. Communication can be described as the sharing of information. Communication is a crucial ingredient in successful engagement and has always played an important role in Indigenous communities, as they have depended
108OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYlargely on oral communication to transfer knowledge between generations since time immemorial. Communication in itself is not engagement, but effective communication is essential to engagement. Collaborating with community members early on in the LUP process about their needs and preferences for community engagement and communication will go a long way in building respect, ownership and pride. Ideally, the more you can customize engagement and communications, offer a variety of ways for members to be involved, receive information and keep engagement going, the more the community will realize its Vision and outcomes for successful engagement and communication.UNDERSTANDING THE SPECTRUM OF ENGAGEMENTYou will need to identify what kind of engagement effort your LUP process needs. This can be dened in a Vision Statement and a set of Principles, Objectives and Outcomes that you want to achieve – gathered from members early on in the LUP process.One tool to help think this through is using the spectrum of public participation proposed by ©The International Association for Public Participation (iap2.org), as illustrated in Figure 3-1. This spectrum is a helpful tool to organize community engagement and the tools you might use throughout your LUP process (or cycle). COMMUNITY ENGAGEMENT DEFINITIONSBC Assembly of First Nations: “In the context of true community development work, as part of Nation building or Nation rebuilding, community engagement is the process of fully involving our citizens in the community decision-making process. It is a process of shared decision-making among citizens in support of effecting social change. It is the process by which community determines the vision and direction of the Nation and ultimately participates in decisions about that vision and direction.”International Association of Public Participation (IAP2): “Public participation is any process that involves the public in problem- solving or decision-making and uses public input to make sustainable decisions.”
109INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareThe spectrum shows that each time you engage with community members during your LUP process, you will do so at one of the following levels: Inform Consult Involve Collaborate EmpowerWhat level of the spectrum you choose will depend on your Vision and Principles for the LUP process, what the Objectives of your Engagement Strategy are, and/or what stage of the LUP and decision cycle you are at. Other secondary inuences include available time, budget, capacity, and participation levels.Figure 3-1. Spectrum of Community EngagementSharing information about the LUP with community membersSharing information about the LUP with community members and asking them for feedbackAsking community members for ideas that will be considered in creating the LUPWorking with community members to develop the LUP togetherGiving community members the power to make decisions as to what will be in the LUP
110OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYExample of how the objective of your LUP inuences the participation spectrum: A LUP process that has the objective of reducing community conict will require a different level of participation than a LUP process that has the goal of keeping members informed. If one of your engagement Objectives is to build capacity in the community, you may wish to emphasize participation at the level of 'collaborate' or 'empower'. Example of how the stage of your LUP inuences the spectrum: In the ‘prepare’ stage, you might be engaging community members at the ‘inform’ or ‘consult’ levels. However, in the ‘decide’ stage, you may have community members participating more at the ‘collaborate’ level, actively contributing to the development of LUP alternatives and identication of preferred solutions.
111INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareLEVEL SAMPLE GOAL SAMPLE ENGAGEMENT TOOLSInform To provide community members with the information they need to understand the current conditions of the land • Presentation• Website/Newsletter/PosterConsult To obtain feedback and/or promote discussion from community members about what areas of the land should be used for specic purposes • Talking circle• Survey• World Café• Station-based brainstormingInvolve To work directly with community members throughout the LUP process to ensure their needs and concerns are understood and reected in the LUPs Vision and Directions• Workshop series• Working groups(e.g. hunters, medicinegatherers, farmers, knowledgekeepers)• Youth and/or Elder councilCollaborate To partner with community members in each aspect of the LUP process including the development of LUP alternatives and identication of preferred solutions • Brainstorming and rankingAction ideas• Participatory tradeoff analysis• Participatory budgetingEmpower To place nal LUP decision-making in the hands of community members to decide what land use policies will guide use and activities in designated areas• Local Planning Support Teamruns LUP• LUP includes recommendationsof Youth committee/Elderscommittee/Advisory groupsTable 3-1. Goals Related to Community Engagement SpectrumDeciding where you are on the spectrum at any one given time matters in terms of the methods, tools and techniques you need to prepare and deliver. It may also inuence the human resources and skills that are required. Table 3-1 describes the Goals related to each of the levels of the spectrum (adapted from © The International Association for Public Participation) along with sample engagement tools that might be considered.
112OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYB. Realizing the Value of Engagement The Vision and Objectives of your engagement effort and where you end up on the spectrum of engagement will be inuenced by your community’s existing culture around community engagement. Community engagement as a general practice may or may not be valued. Here are some things to consider when making the case for community engagement. Effective community engagement is an opportunity to overcome a history of exclusion. Colonization, the Indian Act and residential school trauma all impact your work in trying to build strong community engagement processes. Some of the impacts of history on your engagement efforts include: • Loss of knowledge of cultural systems and relationships that traditionally guided your community engagement efforts• Long-term exclusion and lack of decision-making control• Cynicism and lack of trust preventing community members from participating• Health implications of intergenerational trauma creating barriers to participationFor many First Nations, community-based planning is about breaking down a colonial history of being planned for by others. By inviting community members to participate in all stages of LUP, you are giving community members their voices back. With this understanding in mind, Figure 3-2 presents some of the personal and community outcomes of strong community engagement processes.Some of the factors that contribute to effective and successful engagement for LUP include: • Ensuring ethics, protocols and respect are practiced• Honouring culture, history and use of visual and oral traditions• Sharing and gathering local knowledge and beliefs• Restoring permission and collaboration• Inviting holistic thinking that explores connections• Having community members consider the connections between past, present and future• Ensuring that engagement is inclusive and accessible to a broad range of people• Involving those most affected by decisions• Facilitating understanding• Ensuring participants have the information they need to participate
113INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareCommunityOutcomesReturns controlReclaims voice Expresses needs Builds awareness and educaon Builds feeling of conneconBuilds awareness that members know their own community best (strengths, needs and Strengthens decision-making and transparencyProvides broader range of perspecves and ideasProvides greater community responsibility for outcomesHelps build trust, relaonships and community fabricSupports healing and reconciliaonRestores and honours culture and tradionsIncreases community buy-inResolves differences and builds community Contributes to increased self-confidence and well-beingCommunityOutcomesPersonalOutcomesPersonalOutcomesFigure 3-2. Personal and Community Outcomes of Engagement“Record your journey/story: video, slides, photos, recordings, documentary.”Legal Context Workshop Participant (September 2017)
114OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYC. Anticipating Community Engagement ChallengesDesigning an engagement process that seeks to overcome a history of exclusion presents challenges. The following list presents some typical community engagement challenges to consider when designing your engagement process. History of planning: Your community’s relationship with LUP might be inuenced by a history of poor planning, external planning and/or limited community engagement.Conict between members: Historical trauma may have eroded trust, and there may be conict between members that will limit how much they will participate in the LUP process.Too many other things going on/ engagement burnout: There may be lots of other things going on in your community that will limit how much time and energy community members have to contribute to the LUP process. You may be competing with treaty meetings, land code meetings, National Energy Board hearings or other planning processes. Lack of trust and cynicism: If your community has not historically had a strong culture of engaging community members, there may be a lack of trust that this process will be any different.Keeping engagement going: A LUP process will likely span many months or even years so keeping community members interested and engaged over time can be a challenge. Lack of knowledge about the land among members: In some communities, the relationships community members traditionally had with the land may be broken. Community members may not be familiar with the land base and need information or experiental learning to be able to fully participate in the process. Lack of good information to prepare members: A good LUP requires lots of information about the land that you can share with community members, but you may not have that information available. Lack of interest: Past negative experiences with planning or a lack of understanding about what the LUP is and its value may lead to a general lack of interest in your process.Not enough time or resources: You may not have the time or the resources you would like to deliver the kind of engagement process your community needs. Communications: Getting the word out and reaching all community members who may be spread out geographically and have different communication needs is challenging.
115INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareD. Developing a Community Engagementand Communications StrategyHow do you position community engagement in a way that activates interest, involvement and commitment, as well as addresses your community engagement challenges? One way to meet this opportunity and overcome challenges is to create a community Engagement and Communications Strategy. This Strategy describes your plan for how to design an exciting, dynamic and responsive approach to engagement with long lasting outcomes. Mapping out a Vision and a set of tools for your community engagement process can help to address any challenges you might have.Completing an Engagement Strategy will move you towards:• Achieving your Vision for how community members will be engaged• Guiding the community engagement process• Strategizing on how to meet anticipated challenges• Ensuring continuity if there is turnover on the engagement team• Maximizing results and outcomes• Strengthening land governance• Empowering members so they feel ownership of the LUP• Rewriting history so as to overcome a history of poor communityengagementWhile there is no exact formula for how to complete an Engagement and Communications Strategy, the following steps can guide you through a Strategy, as show in Figure 3-3 (see page 116).
116OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYAgree on the meaning and value of engagementSTART1 2 345678Review historical engagementAssess engagement and communications preferencesDecide who to includeDevelop principles for community engagementBuild a vision, goalsand strategies for the engagement processCreate work plan and budget engagementCreate acommunications strategyChoose methods, tools and techniques9121110Deliver engagementand communicationMonitor and evaluate resultsRevise strategyFigure 3-3. Steps to Create an Engagement and Communications Strategy
117INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareSTEP 1: AGREE ON THE MEANING AND VALUE OF ENGAGEMENTCommunity engagement will mean different things to different communities. A good place to start is to ask yourself:• What does strong communityengagement look like in yourcommunity?• What are your traditions andprotocols surrounding communityengagement?• What value is there in a strongcommunity engagement process foryour community?STEP 2: REVIEW HISTORICAL ENGAGEMENTEvery community will have its own culture and history of community engagement and communication. This step involves exploring how that history will help you understand what works well and what does not. This understanding might help you guess how community members might react to the LUP engagement effort and will inform you of any needs and challenges to expect. Before designing your Community Engagement Strategy, consider: • What is your community’s culturearound engagement?• What engagement has been done inthe past?• How did it go? What worked?What didn’t work?• What needs to be done differently?Why?STEP 3: ASSESS COMMUNITY ENGAGEMENT AND COMMUNICATIONS PREFERENCES A powerful way to set the tone for a community-driven LUP process is to ask community members early on how they would like to be engaged. This step involves starting your process with an engagement and communications survey. This is a powerful way to signal to community members that their needs and preferences will actively shape the LUP process. Ask community members:• What does communityengagement mean to them?• What is their opinion on howcommunity engagement iscurrently done?• What tools and methods workedor did not work in past planningprocesses?• How do they want to be involved?• When do they want to be involved?• How do they want to becommunicated with?• What do they need to be involved?(e.g. childcare, transportation)• What incentives might encouragethem to get involved?• What concerns do they have aboutthe LUP process?• What might prevent them fromgetting involved?(See sample Engagement Preferences Survey in Toolkit Resources at the end of step)
118OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYSTEP 4: DECIDE WHO TO INCLUDE This step involves ensuring that everyone in your community affected by your LUP has an opportunity to participate. This might require special consideration for community members who are hard to reach. It also allows you to tailor your engagement tools to target specic groups. The following questions can guide discussions on the people your Community Engagement Strategy should target:• How do we ensure that all members of the community are engaged?• What are the demographics of our community? fPopulation mix (e.g. 0-9yrs, 10-15, 16-19, 20-30, 31-59, 60+) fGroup makeup (e.g. hunters, trappers, teachers, Youth groups, family heads) fLocation (on-off reserve) (e.g. Which off-reserve communities will you reach out to?)• Who are your target groups within the community? (e.g. Elders, Youth, men, women, hunters)• Are there any community members who should be engaged for special considerations? (e.g. CP holders, business owners, knowledge keepers)• Who in your community faces specic barriers to participation? (e.g. single mothers, community members with a disability, those who lack transportation)• Who in your community should take on important roles in the process? (e.g. Who should be on the Planning Support Team or a specic task force? Should you hve a Youth Planning Support Team?)• Is there anyone you need to collaborate with and involve externally? (e.g. local government, industry, parks, etc.)Once you have created a list of all of the people you would like to reach out to, the next step is to consider the needs of each of these groups and how to tailor engagement and communications activities for each group. (See template: Identifying Engagement Target Groups in Toolkit Resources at the end of step). STEP 5: DEVELOP PRINCIPLES FOR COMMUNITY ENGAGEMENTIn Step 1 we discussed establishing Principles for the LUP process. You may also establish a set of Principles to guide your community engagement process. These Principles describe the values and beliefs that will guide the way you engage and communicate with community members. The Principles you establish set the tone for your community engagement process and inuence where on the spectrum of engagement most of your engagement activities will lie. For example, a community-based approach to LUP will have you more on the 'involve', 'collaborate' and 'empower' sides of the spectrum, whereas an expert-driven LUP will have you more on the 'inform' and 'consult' side.
119INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareWhen we designed our community engagement process, we chose to have one process for all community members. However, we were aware that CP holders were interested in commercial development so we created space for these conversations. We used a variety of engagement techniques to work with CP holders including one-on-one meetings with individuals and meetings with family groups with joining CPs. CP holders were also involved in engagement sessions with the entire community. Overall, there was more interest and participation from the CP holders in the community.Through the LUP process, we were able to strike a balance between what individual members wanted to accomplish with their lands and what we had to accomplish for all members and TFN as a whole, such as social housing. STORY 5: TSAWWASSEN FIRST NATION (TFN) — WORKING WITH CP HOLDERSOur Nation has about 490 members. About half of our membership live on 640 acres of pre-treaty reserve. The Tsawwassen treaty was ratied in July 2007, expanding our land to a total of 724 hectares (1789 acres). At the time of ratication, approximately 80% of our former reserve land was held by Certicate of Possession (CP) holders. As we entered into treaty, it became clear that the economic future of our community would be driven in large part by CP holders. Through our LUP process, TFN was able to explore ways to use our public land efciently and to discuss different land use options with CP holders. Under treaty, land not held by CP holders became held by the TFN Government on behalf of all members, while CP titles were converted to a modied form of fee simple land. This transition involved a review of all the CPs that had been issued and where needed, adjustments to boundaries and encumbrance agreements. The holders of these lands are now called Tsawwassen Fee Simple Interest (TFSI) holders. TFSI holders must be community members. However, TFSI holders can lease their land on a long-term basis to developers.
120OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYPRINCIPLES OF COMMUNITY ENGAGEMENTBased on the results of your community survey and your experience, your community can develop a set of Principles for community engagement based on your culture, traditions, protocols and LUP needs. The following is a list of general Principles of community engagement to consider. • Intergenerational learning and Youth empowerment: Provides opportunities for Youth and Elders to share knowledge and learn from each other, and opportunities for Youth to take on leadership roles• Culturally-relevant: Draws from traditions and protocols, facilitates access to cultural practices• Relationship building: Builds trust by being transparent and responsive to community needs• Opportunity for healing: Empowers voices lost through intergenerational trauma• Participatory culture: Involves building long- term relationships between decision makers and community members• Inclusive: Involve people affected by decisions• Accessible: Everyone has an opportunity to participate and understand information• Collaborative: Decision-making power is shared• Capacity-driven: Increases capacity of local planners and community skills, tools, and knowledge• Strength-based: Honours and builds on existing strengths and celebrates the resilience of the community• Community-based, community-driven: Community members’ knowledge, needs and values drive the process and results• Comprehensive and integrative: Considers the interconnection between land and health and wellness, economy, education, infrastructure, culture and governance
121INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareSTEP 6: BUILD A VISION, GOALS AND STRATEGIES FOR THE ENGAGEMENT PROCESSBased on the results of your community engagement survey and your community engagement Principles, the next step is to describe the overall Vision for the community engagement process, as well as the process Goals and specic Strategies that will be used to meet those Goals. A community engagement Vision describes the big picture hopes for the outcomes of the LUP process. A sample community engagement Vision might be as follows: Our community supports a holistic LUP process that is community-driven, respects local knowledge, is inclusive and participatory, fun, creative and empowering. Our members are offered multiple ways to share their knowledge, values, preferences and ideas in an engaging way. People are comfortable, willing to share and listen, and are open to all community issues and solutions regarding land use and development. Our LUP results and strategy are documented in user friendly ways, produced on an ongoing basis and shared with members at large. Our communications tools empower us to share our land use vision with stakeholders, agencies, and governments to maximize the effective use of our community lands for future generations.TIPS FOR CREATING A COMMUNITY ENGAGEMENT VISION STATEMENT 5 Ask community members what their Vision is for the process 5 Circulate a draft Vision Statement and have community members comment 5 Promote and prole the Vision Statement for the process 5 Monitor results against the Vision and adjust the process if necessary
122OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYA set of Goals and Strategies relating to community engagement will describe how this process vision will be brought to life. Some example Goals for the LUP community engagement effort include: • To maximize and sustain community engagement• To keep members informed • To share decision-making tools to empower our members • To promote Youth learning and capacity development • To restore and celebrate our culture and share traditional knowledge • To have fun and get along well together• To learn about our land and history Creating a vision for community engagement with Goals and Strategies can help build a healthy process and ensure a memorable planning experience that is long lasting and effective. Your Engagement Strategy demonstrates a community-driven approach, increases ownership and buy-in, increases the level of participation, and results in better targeted outcomes.Figure 3-4 provides an example of a Community Engagement Strategy.
123INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareSTRATEGIESGOALS PRINCIPLES VISIONTOOLSCommunity Engagement VisionInclusive process where informed members are meaningfully engaged to make wise decisions about our lands and resourcesStrength-basedInclusiveOpenness and learningHonour cultureCommunications and sharingFun and relationship buildingPromote and brand a fun and creative processRespect cultural values and customsInclude a wide diversity of membersSupport informed decisionsBuild relationships and trustInclude music, games and prizesAdvertise widelyUse cultural symbolsRespect protocols Include songsand drummingBlend visual, written, and oral activitiesDiversify engagement toolsProvide learning opportunitiesCreate accessible information tools Communicate resultsShow how results are being usedHonour involvementTools to motivate: Logo contest, door prizes, songs and drumming, gamesTools to engage: Art wall, survey, storytelling event, World Cafe, card storming, carousel, dotmocracyTools to inform: newsletter, website, presentations, postersStrategy Strategy Strategy Strategy StrategyFigure 3-4. Sample Engagement Strategy
124OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYActivities on the land • Art wall • Brainstorms on land use • issues, needs and actionsCommunity strengths wheel •Card storming • Clicker survey • Comic strips and poems • Community timeline • Design charette • Door prizes • Dotmocracy • Drawings • Drumming • Facebook • Games • Interviews • Land tours • Logo contest • Newsletter • • Online and door-to-door surveys• Participation survey• Participatory mapping• Picking favourite action ideas• Postcards• Posters• Presentations• Radio announcements and discussions• Ranking of directions and paths• Storytelling• Talking circles and focus groups (Elders, Youth, staff, women, land users such as hunters, fi shers)• Video• Website• World CaféCommunity Engagement Tools & TechniquesFigure 3-5. Community Engagement Tools
125INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareSTEP 7: CHOOSE METHODS, TOOLS AND TECHNIQUESOnce you have your engagement Principles, Vision, Goals and Strategies in place, the next step is to pick the specic methods and tools you will use to implement them. This Handbook will not attempt to comprehensively cover the full range of community engagement tools and techniques. There are a number of valuable community engagement guidebooks and resources that provide this information (see resource list at end of chapter). We do, however, provide a tools and techniques database (see resources at the end of this step) that contains tried and true, LUP-specic community engagement methods with an emphasis on practical, affordable, grassroots friendly methods. This database organizes community engagement tools into three broad categories: 1. Tools to inform and consult, such as open houses, streetstalls and surveys2. Tools to involve, such as world café, appreciative inquiry andland tours3. Tools to collaborate and empower, such as open space,charrette and citizen juriesFor each tool and technique, you will nd a description, a link to follow for further resources and a suggestion for what purpose this particular tool or technique is good for. See Figure 3-5 (p. 124) for a list of community engagement tools and techniques. Figure 3-65 demonstrates example tools that could relate to your Vision, Principles, Objectives and Strategies (see Toolkit for a full example of an Engagement Strategy and a blank Engagement Strategy template).Considerations when deciding which methods and tools to use in your LUP process include: • The tools you choose to use during your LUP process shouldrelate directly to the Vision, Principles and Objectives of yourEngagement and Communications Strategy. An LUP Strategythat has the objective of reducing community conict willrequire very different tools than a LUP Strategy that has theobjective of keeping members informed.• Where you are on the spectrum of engagement (inform,consult, involve, collaborate, empower) will require differenttypes of engagement tools and techniques. For example, sometools do a great job of consulting but are not well suited forcollaboration.• The time and money available for engagement may limit whichtools and techniques you choose. Some techniques are moretime intensive or need experienced facilitators to pull off,while others are relatively affordable and easy to facilitate.• Keep in mind how you will capture and use the informationparticipants share during the engagement event. Give somethought about the time and capacity you have for analysiswhen picking your tools. For example, a closed-ended surveyquestionnaire is much easier to analyze than sets of notesfrom a World Café.• It is possible to combine tools and methods in oneengagement event. For example, you may hold an OpenHouse that involves information booths, a paper survey, cardstorming, a grafti wall and an art station.
126OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYSTRATEGIES GOALS PRINCIPLES VISIONTOOLSCommunity Engagement VisionInclusive process where informed members are meaningfully engaged to make wise decisions about our lands and resourcesStrength-basedInclusiveOpenness and learningHonour cultureCommunications and sharingFun and relationship buildingPromote and brand a fun and creative processRespect cultural values and customsInclude a wide diversity of membersSupport informed decisionsBuild relationships and trustInclude music, games and prizesAdvertise widelyUse cultural symbolsRespect protocols Include songsand drummingBlend visual, written, and oral activitiesDiversify engagement toolsProvide learning opportunitiesCreate accessible information tools Communicate resultsShow how results are being usedHonour involvementTools to motivate: Logo contest, door prizes, songs and drumming, gamesTools to engage: Art wall, survey, storytelling event, World Cafe, card storming, carousel, dotmocracyTools to inform: newsletter, website, presentations, postersStrategy Strategy Strategy Strategy StrategyFigure 3-6. Sample Engagement Strategy with Tools
127INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareSTEP 8: CREATE A COMMUNICATIONS STRATEGYStrong engagement requires strong communications. This step involves developing a Communications Strategy that describes how information will be shared during the LUP process. A Communications Strategy is a way to: • Ensure that members can be, and stay informed of theprocess and results• Brand the LUP process, for example: fPick culturally appropriate metaphors and visuals to helpcommunicate the process fHave someone in the community design a logo to brand the process• Tailor communication tools for different audiences(e.g. members, funders)• Document the process along the way(e.g. tracking attendance)• Provide opportunities for two-way communication (e.g. buildopportunities for community members to provide feedback)• Ensure an online presence: develop a community planningwebsite or build a page on existing community websiteOnce your Engagement and Communications Strategy is nalized, communicating and sharing the Strategy with community members is a key way to set the tone for your engagement effort. Show community members you are putting into practice their engagement preferences and let community members keep you accountable to the community engagement Vision and Principles. “We worked with Blueberry River First Nation on a planning exercise, and the whole thing was getting people out onto the land. They identied a number of parcels of land that they wanted to set up as planning units – 3 or 4 units in the territory. They hosted a camp at Pink Mountain Ranch for the community to gather and talk it over. There were Elders sitting by the re, time for eating wild foods, skinning moose, experiential learning and talking about maintaining their way of life. We conducted a bunch of site visits, and some sites you could only get to by quad, taking individual trips of 8-10 people at a time. They needed to go spend time there to understand why those places matter to them. Talking about it in a boardroom is just not informative, you are not experiencing it rsthand with all your senses. Ideally, the planning process helps to facilitate access to already existing cultural practices. The cultural process also has to facilitate the planning process. Opening up access to people who many not have access through their family—not everyone is a hunter. The hunters got a chance to show everyone else what they do. It was fun, especially for the Youth . There was knowledge transmission from active land users, and Elders, sharing stories around the campre.”Steven DeRoy, Firelight Group
128OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYCOMMUNICATIONS TIPS 5 Ask community members for their communications preferences: In your engagement survey, make sure to ask how community members prefer to be communicated with 5 Build on the unique ways your community already shares information: Each community will have already established preferred communication networks, whether it be face to face, online, by radio or on walkie-talkies. Identifying the networks that reach the most number of people will be key to a successful Communications Strategy 5 Recording community events: "Consider how you will report out the results of community events (e.g. newsletter or blog post). This allows those who attended to see the results of their participation and those who missed the event a chance to be updated 5 Acknowledging participation: Build into your process a way to keep track of who has been involved throughout the process and consider a respectful way to acknowledge their contribution in your communications 5 Ensuring condentiality: Ensure that each community member’s information, thoughts and opinions remain condential when communicating out results of engagement 5 Documenting knowledge for different audiences: Consider the different audiences that you will need to communicate with and their different needs (e.g. Elders, Youth, funders, general community members, staff). Consider the diversity of communications tools you can use and how you can tailor them to different audiences 5 Assign someone to be a communications coordinator: Identify someone who community members can contact if they have questions. Collect and share feedback from community members back to the Planning Support Team 5 Evaluate your Communications Strategy and adjust as you go: Ask for feedback on your communications tools throughout the process and adjust your Strategy as you goSee Toolkit Resources at the end of step for a sample Communications Strategy.
129INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareOnce you have a sense of your engagement and Communications Strategy and your specic engagement activities, the next step is to map out on a timeline your engagement and communication activities and budget your efforts. Figure 3-7 provides an example of a Community Engagment Timeline.STEP 9: CREATE WORK PLAN AND BUDGET ENGAGEMENTThe size of the budget will depend on: • Your engagement approach• Where members live• The size of your community• The types of engagement methods and tools you use (e.g. online tools, video, interactive clicker surveys)• Protocols/expectations around honorariums• Training needs• External support needs (e.g. facilitator, video maker, graphic designer)• Availability of meeting places (e.g. indoor/outdoor, climate, season, equipment rentals, catering needs)• Participation incentives (e.g. acknowledgement, gifts, door prizes, draws, cultural activities or entertainment)Depending on the budget available, you may need to adjust your Strategy and work plan, or you may choose to seek out additional funding to deliver the Engagement Strategy you need. Nov 22, 2016WorkshopDec 1, 2016WorkshopJan 18, 2017Staff WorkshopLUP Booth at Community LuncheonJan 30-31,2017Open HouseYouthWorkshopFeb 1,2017OpenHouseFeb 24 andMar 10, 2017LUP Booth at EventsApr 3, 2017Staff WorkshopCommunityWorkshopApr 11 and 12, 2017WorkshopMay 13,2017CelebraonLUP LaunchExploring EngagementPreferences andCommunity PrioriesLUP Off-Reserve LaunchExploring Engagement Preferences andCommunity PrioriesExploring Community PrioriesExploring Community PrioriesExploring Community PrioriesExploring Community Priories and Validang ResultsValidang ResultsValidang ResultsCelebraon of ResultsFigure 3-7. Sample Community Engagement Timeline
130OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYenvironment and help participants nd shared guiding values 5 Restore permission and trust: Adopt an ofcial condentiality policy on how information will be used, collected and integrated into the plan 5 Bring the process to the people: Create engagement opportunities out of situations where people are already gathering. An understanding of the social/cultural/recreational groups will help. Whether it be BINGO night, the weekly arts and crafts get together or Youth gym drop in, nd opportunities to get invited to have some conversations about the land during regularly scheduled events 5 Provide multiple opportunities for engagement: Give community members lots of choices of times and ways they can be involved. Each community member will have their preferred way of being involved. By using a diversity of engagement tools and techniques you are more likely to meet the preferences of more community members 5 Build in opportunities to explore the relationship to the land: Bring people out on the land to discuss LUP issues and opportunities 5 Promote community empowerment: Create opportunities to learn about the value of LUP and build capacity through the engagement processCOMMUNITY ENGAGEMENT TIPSIn summary, here are some general communication engagement tips to support the implementation of your Community Engagement Strategy: 5 Ensure ethics, protocols and respect are practiced: Set ground rules for engagement and follow cultural protocols (e.g. prayers, ceremony) 5 Build trust: Weave input into the planning process and be transparent about how community input is informing the LUP's development. Be consistent with your communications and follow up after an engagement event with the results 5 Acknowledge trauma: Create space to move through historical trauma and provide opportunities for healing 5 Ensure broad representation: Seek out community members who are not yet engaged in the process. Target groups that have historically not been engaged. Ensure a balance of representation between age group, families, gender, and interests 5 Seek to identify shared values: In the face of conict and competing positions on how to use the land, invite holistic thinking that explores connections between land, health, economy,
131INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepare 5 Make it fun: Create opportunities for fun, joy, delight and eat well 5 Honour involvement: Recognize and celebrate the community’s contributions whether it is by feeding them well, giving out door prizes, paying them an honourarium or acknowledging them in the nal plan 5 Time the process well: Consider the seasons, wildlife patterns and harvesting cycles and how this will affect the timing of your engagement events. Consider the rhythm of community life relating to school, work schedules, tournaments, pay day, and how that might impact the timing of your engagement events “ I call this Planning for Joy. If we design planning processes that are tedious, people won’t want to take part in them. If the processes are joyful they will naturally attract people to take part. Planning a community meeting can be like planning for a great birthday party – food, a nice place to hang out, a mix of people, a great invitation, a celebratory atmosphere, ample time for socializing, games, music. People fail at engagement because they treat it like going to the ofce. Make sure you have childminding at every event and door prizes. Put owers on the table that Elders can take home at the end of the meeting. In the GNN CCP process, we had a Christmas party that involved no work at all. There was a dinner and a dance and we decorated the room all nice. If you are doing a multi year planning process invest in tablecloths and reusable plates, it makes a big difference!"Jessie Hemphill, Partner and Senior Planner for Alderhill Planning Inc., Gwa’sala-‘Nakwaxda’xw Nations
132OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYSTEP 10: DELIVER ENGAGEMENT AND COMMUNICATIONOnce your Engagement and Communications Strategy are completed it is time for the fun to begin! Delivering community engagement and communications efforts will require skills in: • Event planning: Organizing the community engagement events including booking a venue, getting materials, securing food and cooks, organizing entertainment and door prizes, etc. • Facilitation: Leading the community engagement activities, which involves a comfort level in speaking in front of groups and skills in leading group activities• Communications: Sharing information about the process with community members, which involves advertising events, writing up results and sharing information about the process• Project management: Keeping the overall Engagement Strategy on track, which involves work planning, coordinating a team, and monitoring the process against the Strategy STEP 11: MONITOR AND EVALUATE RESULTSTake every opportunity to ask community members for feedback on the engagement process. This step can be as easy as asking what they liked and what they would improve at the end of each event, and/or can involve a formal engagement survey at the end of the LUP process to evaluate the Engagement and Communications Strategy.STEP 12: REVISE STRATEGYBased on what you are learning while implementing your Engagement and Communications Strategy, you need to revise the Stratey and communicate the changes. This is the nal step of the process.
133INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCprepareSTORY 6: LOWER SIMILKAMEEN INDIAN BAND (LSIB) — DESIGNING A COMMUNITY ENGAGEMENT PROCESSthe design of tools and methods to gather community input and assisting with mapping results.We began by discussing what LUP means to our community, how LUP could help us, what was required, and the steps to undertake land use planning. We explored with the community our planning history, and in particular how LUP was a continuation and expansion of LSIB’s Comprehensive Community Development Plan (CCDP), which was completed earlier in 2004. The community asked that we ensure their comments and input were used in future planning. Careful attention was given to documenting both the process and information contributions from the community.The Planning Support Team convened a variety of events—from Chief and Council meetings to open houses, family-based workshops, mapping workshops, surveys and review sessions. The Team hosted a website and distributed four newsletters. We shared information on our overall process through a timeline diagram. Over 140 community members participated in a variety of ways to produce LSIB’s land use plan. It was ofcially adopted in April 2013. We are very pleased that there was a lot of community learning generated from the planning process.Over a twenty-month period (during 2010-2011), Lower Similkameen Indian Band (LSIB) undertook a LUP process to plan for nine of its reserves. We wanted the process to result in a local LUP created for the community, by the community. We realized that the process to create this LUP was as important as the plan itself. Our process vision was to build a community and family-based process that was participatory, interactive, inclusive and fun, and one that respected our cultural values and practices. The foundation of our culture is based on several traditional stories. The most prominent one is the Four Food Chiefs story which highlights how every member is important and that everyone’s contribution is vital. This story became a touchstone for our planning process. There were a number of factors that helped to make our community engagement process successful. A Planning Support Team came together to guide the process. Trudy Peterson, the late Jeanine Terbasket and Kelly Terbasket were core team members. The mandate of the team was to manage and guide the process in a culturally appropriate way, co-facilitate workshops, maximize community involvement, and help to communicate results back to the community. Two planning rms, Beringia Community Planning and HB Lanarc, provided support to the Planning Support Team by assisting with
134OUR SACRED LANDSTEP 3: ENGAGE COMMUNITYTOOLKIT RESOURCES: A. Sample engagement preferences surveyB. Identifying engagement target groups (Tool 1 + 2)C. Tools and techniques databaseD. Sample community engagement strategyE. Community engagement strategy templateF. Sample communications strategyFor more informaon check out: International Association for Public Participation: iap2canada.ca/Tamarack Index of Community Engagement Techniques: tamarackcommunity.ca/library/index-of-comNick Wates (2014) The Community Planning Handbook 2nd Edition, How people can shape their cities, towns and villages in any part of the world. Earthscan from Routledge. munity-engagement-techniques“ You have to meet with the key stakeholders and talk to them face to face for as long as they need to understand. We couldn’t rely on meetings in our setting; people were busy with their lives. You might have to follow a sherman onto his boat to continue the conversation. Sit in with Elders at the Elders centers, talk to them while they are having a regalia workshop.”Andrew Bak, Tsawwassen First Nation
A LUP is only as good as the knowledge and information used to create the LUP. Now that you have decided how you are going to engage community members in LUP, you need to be clear on what knowledge and information you need from community members, and internal and external sources to complete a LUP. You also need to plan for how you are going to collect, store, control, access and share this knowledge and information. In this section, we explore: Gather Knowledge and InformationHow will we manage our LUP knowledge and information?STEP 4A. Understanding knowledge and informationB. Indigenous or traditional knowledgeC. Challenges and opportunitiesD. Protocols and principlesE. LUP knowledge information needsF. Sources of knowledge and information (internal and external)G. Information collection methods and toolsH. GIS technology I. Analyzing resultsJ. Verication and validation135prepare
136OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATION“ Community engagement is a way to bring traditional knowledge into the process.” LUP Workshop Participant (2018)“ Through our planning activities we will try to teach the generations about our culture and traditions.” LUP Workshop Participant (2016)“ Community engagement shows respect and recognition to the community.” LUP Workshop Participant (2016)“ Community engagement sets a good precedent for Youth as future leadership.” LUP Workshop Participant (2016)
137prepareWhy is data governance important for LUP?• Enables wise decisions aboutland use for current and futuregenerations• Strengthens traditional ways ofknowing and being by sharing andprotecting land use knowledge• Provides an opportunity to takecontrol and ownership of researchand what happens with it• Communities learn new andcreative ways to improve land usepractices• Increases self-determinationA. Understanding Knowledge and InformationLUP is largely about collecting and managing knowledge and information in order to make collective decisions about using and managing the land. The act of managing knowledge and information is sometimes called data governance. Data governance refers to the act of collecting, organizing and controlling knowledge and information. This is a core topic in First Nations research and planning because of the way that First Nations knowledge has been misused in the past. In the recent past, Indigenous people have not been consulted about what knowledge and information should be collected, who should gather it, how it is to be used, who should maintain it, how it should be protected, and who should have access to it. First Nations are increasingly asserting their right to control their own knowledge, data, information and research. Data governance is “ownership, control, access, and possession of a community’s data.”Source: FNIGCData governance is how you “collect, manage, report on and own a community’s data.” Source: BCFNDGIWe GATHER knowledge by both generating new knowledge and collecting existing knowledge.We MANAGE knowledge through sharing and protecting it. Source: fnha.ca/what-we-do/research-knowledge-exchange-and-evaluationDefinitionINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
138OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATIONTEK is accumulated over time and based primarily on the observations and experiences of Elders, resource users (such as hunters and trappers) and other members of the community who subsist off the land. Each Indigenous community has unique sets of knowledge and information based on their own experience with the land, water, plants and wildlife. This information provides knowledge concerning critical issues and needs related to decision-making and adapting to change. TEK is increasingly recognized as an important source of knowledge in LUP and resource management elds. While western scientic knowledge tries to understand ecological systems in various parts, TEK tends to look at ecological systems as a whole, fostering a greater understanding of the complexity of the entire system and the relationships within it.Source: Environmental Careers Organization (2009) Land Use Planning Coordinator Training Program, p. 105B. Indigenous or Traditional KnowledgeSince time immemorial, First Nations have made decisions about their lands based on what we would now call Indigenous or traditional knowledge. One of the effects of colonization is the devaluing of Indigenous knowledge and ongoing efforts to eliminate the transmission of Indigenous knowledge, for example through the residential school system.Despite these devaluing efforts, Indigenous knowledge is increasingly being reclaimed, celebrated by First Nations, and in the eld of LUP, recognized as critical in deciding the present and future of land use and protection.Another specic reference of Indigenous knowledge is the term Traditional Ecological Knowledge (TEK). TEK is a specic kind of Indigenous knowledge that relates to an understanding of one’s environment and the interrelationship between plants, animals and people.INDIGENOUS KNOWLEDGE Indigenous knowledge is described in the following way by the Assembly of First Nations (AFN):• Indigenous knowledgehas evolved since timeimmemorial• It is often sacred, it is notalways meant to be shared• It is collective and evolvingand therefore not eligible forcopyrights, patents or otherforms of legal protection• Most First Nations considerimproper access, collection,use or interpretation ofAboriginal knowledge an actof theftSource: AFN (2008) First Nations Ethics Guide on Research and Aboriginal Traditional Knowledge
139prepareSOME DEFINITIONS OF INDIGENOUS KNOWLEDGE “The knowledge of a person, place, thing, event or process that has been passed down through generations. Through storytelling, art, crafts, etc. this information has been developed using the skills, capacities and values of a local group of people and is directly inuenced by one’s experience with the land, people, spirituality, environment, region, culture and language. Cultural knowledge is often shared collectively between all members of a community and is typically passed down orally and/or through actions and observations.” Source: Tobias, T.N 2000. Chief Kerry’s Moose: A guide to land use and occupancy mapping, research design and data collection. Union of BC Indian Chiefs and Ecotrust Canada; Environmental Careers Organization (2009) Land Use Planning Coordinator Training Program, p. 105“Traditional knowledge, Indigenous knowledge, I’d rather use the word First Nations knowledge – future and present, long ago, recent past, present. Trying to put together our lessons learned and prepare for the future. Traditional knowledge is always changing. It is community owned or family clan owned. Everything we try to do in our teaching has to do with traditional laws and our understanding of that which encompasses spirituality.” Joe Copper Jack, Yukon Land Use Planning Council“Knowledge, then, is based on experience. One’s experiences through her inward journeys provide both individual learning and teachings for the collective. The accumulation of each individual’s contribution becomes a community’s culture. Culture is kept alive and constantly changing because individuals continue their introspective journeys and contribute their learning to the community .”Baskin, C. 2006. Aboriginal Worldviews as Challenges and Possibilities in Social Work. Critical Social Work, Vol. 7, No. 2INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
140OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATIONC. Challenges and OpportunitiesData governance has become a core issue and opportunity in First Nations research and planning because of the many historical and current challenges associated with how First Nations knowledge and information is gathered, shared, stored and used.Table 4-1 summarizes some of the common challenges around managing knowledge and information. For each challenge, an opportunity is presented. KNOWLEDGE AND INFORMATION GATHERING CHALLENGESKNOWLEDGE AND INFORMATION GATHERING OPPORTUNITIESAccessing information: Keeping it organized, easy to access, able to be shared between different peopleDeveloping a good storage system with easy-to- nd information you are looking for; easily share information with collaborators; still accessing information if something goes wrong (e.g. power outage, computer crash), the le name describes the contentsStorage security concerns: Hacking, re, water, stealing, old technologyPeriodic backing up of information in multiple locations; converting information when moving to new technology Keeping information current Keeping a catalogue of information updated; regular schedule of updating informationTransitioning from oral knowledge to written knowledgeDeveloping systems to store unique information such as stories, photos, videos, traditions and ceremoniesLosing knowledge as Elders pass or we lose senior staffDigitizing and organizing information; succession planningCapacity and time Regular training for new staffCost Obtaining funding for a data governance projectExternal planner or researcher leaves the community with the informationDeveloping protocols for external planners and researchersTable 4-1. Challenges and Opportunities of Knowledge Gathering
141prepareINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCD. Protocols and PrinciplesSetting up protocols to guide the process of knowledge and information collection in your community is one way to ensure respect and protection of your knowledge and information. A protocol is a statement that describes the values and rules that will guide data governance in your community . Some protocols to consider include: • Condentiality: Information shared by participants remains condential andresults cannot be traced back to a single individual• Consent: Individuals participating are informed of how the information will beused and are given the opportunity to consent to participating• Respect for human dignity: Research and planning activities are done withthe utmost respect for the participants and for the community• Inclusion: Everyone affected by the topic at hand has an opportunity toparticipate, and enough people participate that you can speak to the resultswith condence• Benet: The research or planning process benets the community and causesminimal disruption to the community• Communication: The information collected will be available to communitymembers in a way that is understandable and accessible• Community ownership: The information collected is owned and controlled bythe community• Integrity: The research or planning project reects the truth and informationis not fabricated• Respect for protocol: Respect that some types of information have specicprotocols associated with them (e.g. origin stories, ceremonies) that governwho and how the information can be shared“Together we learned that having tea with an Elder is a valid way of seeking knowledge, that offering tobacco is a valid way of ethically obtaining consent from participants and that activities like cooking, drum-making and medicine walks are appropriate contexts for exploring research questions.” Dawn Lamothe, Associate Researcher, Walking the Red Road
142OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATIONProtocol Consideraons:• How are results communicated to the community ?• Do you need to speak to Elders before gathering origin stories?• Does the language translation need to be approved by Elders’ Council?• Does a family clan need to give consent to offer the story during a meeting?• What research or planning methods are approved in the community ?OWNERSHIP, CONTROL, ACCESS AND POSSESSION (OCAP)The First Nations Information Governance Center (FNIGC) has developed the following principles, summarized with the acronym OCAP, to describe the minimum principles that should guide all relationships between First Nations and external researchers. THE FIRST NATIONS PRINCIPLES OF OCAP® MEANS THAT FIRST NATIONS CONTROL DATA COLLECTION PROCESSES IN THEIR COMMUNITIES.• Ownership: All results of the data gathering belongs to the community • Control: The community retains the control of the research process• Access: The community can access information and data about themselves and their community • Possession: The data and results of research is in the possession of the community Source: https://fnigc.ca/ocapr.html
143prepareE. LUP Knowledge Information NeedsTo undertake a LUP, you will need a broad range of knowledge and information to help you make decisions about the land and resources. The range of knowledge and information needs can include traditional ecological knowledge around hunting patterns and migration, cultural information about stories and protocols, legal knowledge around jurisdiction and land tenure, technical information such as sh counts and water quality, and socio/economic information such as population numbers and employment rates. This page summarizes some of the information needed to complete a LUP. TRADITIONAL KNOWLEDGEUnderstanding of hunting patterns and migrationLAND USE CAPACITYCurrent land use, adjacent land use, slope analysis, soil types, hydrology, vegetation, climate, solar access, wind patternsSOCIAL ECONOMIC DATAEmployment rates, regional economic trendsCOMMUNITY HISTORYTrap lines, past land use, history of territory, archeological featuresDEMOGRAPHICSPopulation projection, population make-upLAND FEATURESEcosystems, habitats, geography, circulationJURISDICTION AND RESPONSIBILITYLand inventory and tenure, land management regime, easements, land holdingsBOUNDARIESReserve boundaries, traditional territory boundaries, boundaries of neighbouring municipalities, regions, shared territoriesNATURAL RESOURCES, ANIMALS AND PLANTSFish counts, native plants, animal sightingsBUILDINGSPhysical buildings, services and utilitiesBASE MAPSPlanning area boundaries, location of roads, buildings, rivers and other signicant featuresCULTURAL KNOWLEDGEStories, art, songs, crafts, medicines, culturally signicant areasINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
144OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATIONF. Sources of Knowledge and Information (internal and external)Where will you get all of this knowledge and information? Some of it you will already have on hand, and other information you may need to collect as part of your LUP process. Different kinds of knowledge and information will come from different sources. Not all of this knowledge and information is readily available and requires specic strategies and effort to collect. In Table 4-2 types of required information and sample sources are presented. TYPE OF KNOWLEDGE EXAMPLE SOURCESCommunity-based knowledge Community members share their concerns, needs, values and ideas for the future throughout the LUP process, or past planningTraditional knowledge• Elders• Community knowledge keepers• Traditional use study or use and occupancy map surveyExternal knowledge• Geotechnical report• Flood risk assessment• Climate change modellingCommunity statistics• Internal data• Community staff members• Department of ISC• Statistics Canada• Province of British Columbia• First People’s Language Map of BCMaps and GIS data• Google Maps• Bing• Aboriginal Mapping Network• Data BCTable 4-2. Types of Knowledge and Information
145prepareTYPES OF INFORMATION GATHERING ACTIVITIES (RESEARCH)When gathering knowledge and information, you will use a range of activities and consult a variety of sources. Some of these sources you will go to directly (primary) and others you will learn about indirectly (secondary). PrimaryLearning directly from those with rst-hand experience with the topic at hand. Primary sources: Elders, Youth, business owners, Chief and Council, parents, adultsExamples: interviews, diaries, storytellingSecondaryLearning by reading a description, analysis, interpretation or comment on a research or experience that is not the community’s ownSecondary sources: Government reports, environmental group blog post, newspaper articleExamples: textbooks, art, videos, and articles or publicationINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
146OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATIONG. Information Collection Methods and ToolsCollecting the types of knowledge and information summarized in the last section requires methods and tools. Some helpful methods and tools that your community could consider throughout your LUP process include: 1. Community proling2. Community mapping3. Traditional use studies4. Land capacity/constraints analysis5. Cumulative effects management1. COMMUNITY PROFILINGA community prole is an inventory of key community and land facts. Remember all of those LUP information needs introduced previously? A community prole is a document that presents all of the known information about the land and area under consideration. As a land use planning activity, it involves researching and compiling these facts into a document to help create a common understanding of the current situation. A community prole is generally a publication that describes who your First Nation is and key community and land facts. It is a helpful tool for: • Organizing information about your community and land• Increasing understanding of where the community is at now to inform better decision-making• Communicating with community members and outsiders key facts about your community • Collecting baseline information that can be used to compare with future community information as a way to measure progress and outcomesSee Community Prole Checklist in Toolkit Resources at the end of step, and a sample community prole for a ctional Nation (Green River First Nation) from which we will pull examples from throughout the Handbook.
147prepare“Mapping involves community members in a pictorial construction of information about their community. During a mapping exercise, maps are constructed from local knowledge and observation.”Mark Roseland (2005), Toward Sustainable Communities: Resources for Citizens and their Governments2. COMMUNITY MAPPINGCommunity mapping involves members of a community making a map about the place they live. Community members who live, work and play in a place have expert knowledge of their community. Community members are therefore well positioned to create an accurate map of their history, land use, way of life and a vision for the future.Community mapping allows diverse members of the community to share their knowledge of the land and their ideas about land use and protection.Community mapping is mapping done by a community based on their values, assets, needs and aspirations for the future. In its simplest form, community mapping can involve asking community members to draw the land (or model out of playdoh!) and identify areas of interest from their perspective. Community maps are an essential tool for decision-making, asserting rights and title, self-determination and advocacy. As a more structured activity, community mapping involves providing community members with a base map of the area in question (reserve, traditional territory, region) and then providing community members with icons that are used to indicate specic features. These icons can represent anything you are interested in knowing more about. Creating the base map will require collecting or accessing basic geophysical and land tenure information about the planning area and presenting this information in a way that is accessible to community members (see Community Mapping Activity Template in Toolkit Resources at the end of step).This activity can be done on paper, giving community members individual maps, or working in groups off of large maps. Once the mapping activity is completed, data can be inputted into a GIS system. There are also some online community mapping tools which allow community members to add icons to a web-based map. INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
148OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATION2. Collect Data Perform field work and research Host community mapping sessions1. Prepare to Collect Data Set up mapping team Identify mapping needs and data required Prepare base maps3. Review and Process Data Transfer data to draft maps Verify draft maps with community4. Create Maps Create final land use maps Write final report explaining process and approachCommunity Mapping StepsFigure 4-1. Community Mapping Steps“ Maps are more than pieces of paper. They are stories, conversations, lives and songs lived out in a place and are inseparable from the political and cultural contexts in which they are used.”Warren, (2004), International Forum on Indigenous Mapping for Indigenous Advocacy and Empowerment Recognizing that there are many ways to go about community mapping, a basic set of steps to consider are illustrated in Figure 4-11.See Appendix 5 for more information on types of mapping a community might undertake, as well as mapping methods and uses.
149prepare3. TRADITIONAL USE STUDIESIndigenous or traditional knowledge includes the landscape-level knowledge of an Indigenous community that can be mapped. These are commonly called Traditional Knowledge and Use Studies (TUS) or Use and Occupancy Map Surveys (UOMS) and they document on a map the knowledge of Elders and knowledge holders about how communities use land and water for hunting, trapping, shing, plant gathering, camping, and many other important activities. The goal is to capture aspects of oral traditions and current uses of the lands. This information is critical to informing decision-making during all parts of the LUP cycle. It is used to understand past, present and future uses as well as inform boundary denition, policy and guideline tools and so on. There is a range of approaches and methods to conducting a TUS. Most combine information gathered from interviews with the documentation of a respondent’s place-based activities on a map. The information from these activities can be inputted into a GIS system to create digital maps. Some communities have had a long history of mapping their traditional use and occupancy to build on going into the LUP process; others may be doing this for the rst time as part of their LUP process. “A collection of interview data about traditional use of resources and occupancy of lands by First Nations persons.”Terry Tobias (2000), Chief Kerry’s Moose: A guidebook to land use and occupancy mapping, research design and data collectionINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
150OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATION4. LAND CAPACITY AND CONSTRAINTS ANALYSISA land capacity and constraints analysis involves studying the features of the land to decide which activities could be done on the land, and which activities cannot. This allows you to gather site specic information related to the physical, cultural and biological character of the site and to make informed decisions based on this information. Information such as current land uses, development patterns, topography, soils, water and vegetation should be collected and analyzed before site planning begins. This will ensure that any proposed development is suitable for the site and the community . Typical information to collect includes the following:Current land use: Describes what the land is currently being used forAdjacent land uses: Neighbouring land use (e.g., industrial, agricultural, parks, etc.) can inuence what can be developed nearbyTopography: Topography affects drainage patterns of rivers and streams and the ability to build on steep slopesSoil types and characteristics: Certain soil types affect drainage and are unsuitable for buildings (i.e. softer, mucky soils), other soil types are unsuitable for agricultural usesVegetation: The location and type of existing vegetationCirculation: Existing road patterns and walkwaysServices and Utilities: Existing sewer, water, gas, electricity, and other utilitiesClimate: Typical temperature and precipitation patternsFigure 4-2 is used to identify some example capacity and constraints of the land based on information provided by the illustration of Green River First Nation’s land.“ I will focus on coding and organizing what information I already have ” LUP Workshop Participant (2016)
151prepareFEATURE CAPACITY CONSTRAINTS1. Busy Road Heart of community on a busy road- good for certain tourism or business opportunitiesResidential area on other side of busy road from heart of community and school- potential safety risk2. Geological Hills rich in valuable minerals, good for miningPotential mine development not suitable for habitat restoration3. Environmentally sensitive landGreat area for habitat restoration and traditional usesEnvironmentally sensitive area not suitable for development4. Flood risk Flood plain has good arable land for growing cropsFlood risk area not suitable for housing or community buildings5. River Access to a major waterway- shing opportunitiesDevelopment along riverbank should be regulated to prevent contaminationOPPORTUNITIES AND CONSTRAINTS ANALYSISFeature Capacity Constraints(1) Busy RoadHeart of communityon a busy road- good for certain tourism orbusiness opportuniesResidenal area on other side of busy road from heart ofcommunity and school- potenal safety risk(2) GeologicalHills rich in valuable minerals, good forminingPotenal mine development not suitable for habitat restoraon(3) Environmentally sensitive landGreat area for habitat restoraon and tradional usesEnvironmentally sensive area not suitable for development(4) Flood riskFlood plain has good arable land for growing cropsFlood risk area not suitable forhousing or community buildings(5) RiverAccess to a majorwaterway- fishing opportuniesDevelopment along riverbank should be regulated to prevent contaminaon21345Capacity and constraints analysisFigure 4-2. Capacity and Constraints AnalysisINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
152OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATION5. CUMULATIVE EFFECTS MANAGEMENTSometimes First Nations may need to complete a technical analysis to describe the future effects of a project on their land. One tool to do this is to prepare a cumulative effects report where researchers try to predict what the combined effects of certain activities may be over time. For example, a mining development might affect the habitat of salmon at the same time that climate change is warming the water making it unsuitable for spawning eggs. Together, the cumulative effects of these two things occurring is a decrease in salmon. Based on cumulative effects research, plans can be put in place to avoid, minimize or mitigate negative impacts. H. GIS TechnologyGeographic Information Systems (GIS) are tools that can help you work with spatial information. Most GIS tools have a range of features that can help you capture, store, manipulate, analyze and present your mapping data. The industry standard is Esri ArcGIS and is a commercial software that you must pay to use. There are other types of commercial GIS software available, as well as many free and open source options. Data governance is an important consideration, so make sure to evaluate where your data will be hosted in each of the options you are considering.There are many resources online that can help you determine the differences between the tools and which one is best suited for your needs and budget. See Toolkit Resources at the end of step for an overview of the wide variety of options available.
153prepareSTORY 7: ADAMS LAKE — DATA STORAGEsignificant memory of territory, land, and culture as so many depended on their memory as our traditions were passed down orally. However, until recently, people were reluctant to share this knowledge. Today there is a technical urgency to obtain and preserve this knowledge while our Elders are still with us.In the process of documenting our history on the land, we accumulated a large amount of data through interviews and mapping sheets but found we were losing information or were unable to access it effectively. Information was on hard copy paper maps, hand-written notes and recordings on cassette tapes. In addition to the challenges of data storage and accessibility, our Title and Rights Department was finding it increasingly challenging to respond to development referrals from industry and government in the time allotted. We neededThe Adams Lake Indian Band (ALIB) is a member of the Secwepemc Nation. Our Elders tell us we have lived here since time immemorial. We have archaeological evidence such as pit house impressions that show we have at least nine thousand years of occupancy along the lakes and rivers within our territory. Our ancestors prospered and off the land for thousands of years through an economy based on ishing, hunting, trapping and berry picking and medicine gathering. The waterways and networks of trails enabled vast travel that was tied to the seasonal cycles. Recently we’ve seen waves of unsustainable resource extraction and many of our resources have been depleted. Since 1998, we have invested in building our understanding of the history of our people and documenting traditional use and occupancy as the basis of our Aboriginal Rights and Title to our land. As a result of residential school, much of our knowledge went underground and was held by individual families. Many of the Residential School Survivors have a INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
154OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATIONADAMS LAKE — DATA STORAGE (CONTINUED)an efficient way to organize it so it could be useful in our day-to-day operations and strategic decision-making. We tried out several systems but faced some challenges: pieces of data got lost in the move to digitizing, the organizations we worked with were not always consistent, and some of the technologies we tried were not user-friendly and required extensive training. After much trial and error with different systems, we learned about the Community Knowledge Keeper (CKK) software system. This was the only system we found that has a simple mapping addition and enables us to easily access our information digitally. It took a long time, but we digitized all of the information and inputted it into the database. Kwusen can come into the office and upload all of the information in one batch for a fee, but we felt it was important to use it as a training exercise. We used the money that we would have spent on Kwusen to hire a band member. He was able to understand the system within a few days of training and we were able to retain his skills as a staff member. We have trained ALIB staff in Traditional Use Studies interview methods and data management and many staff can use the database. Our staff are well-trained, and we continue to use Kwusen to conduct quality checks so that we can say for certain that our work was reviewed by an independent party. We now have almost 1000 archive items stored in the CKK and a further 5200 mapped traditional use sites (including hunting, berry picking, and Secwépemc spiritual sites). As we continue to undertake interviews and ongoing data collection for various projects, we are able to identify in the system and record the knowledge holders from the community. Now, when new Traditional Use Studies Community Knowledge Keeper, developed by Kwusen Research and Media, is a digital community archive for documents, photographs, audio and video files. It is a simple platform for First Nations that allows for instant analysis of potential impacts of industrial projects on land and habitats and is compatible with GIS and Google Earth. CKK manages the review process for Environmental Impact and Traditional Use Sites Impact Assessments. The system also has a function for writing and sending responses to industry on a per consultation/referral basis. The system is very user friendly — a simple search function allows users to easily find documents. This makes it a rich resource for students, researchers, teachers and band administration. To date, the system has been customized for 19 bands, each with their own security system.
155prepareare conducted, there is a procedure in place to digitize it and upload it into the CKK. More than once, an Elder who was being re-interviewed has said to researchers “I always wondered what happened with that information” and was pleased to see the information was being taken care of. It saves time in interviews if a site which was mapped almost 20 years ago does not need to be remapped.Using the system, we are able to analyze the potential impacts of industrial development on Traditional Land Use, species habitat, and culturally significant sites. We can create Research Project pages to store interview notes, workshop photos and videos, and fieldwork information from community members. Video clips, built in media players and photos can be added to interactive maps with Traditional Use Value labels identified through Google Earth, GIS, or GPS. We can create detailed species profiles to track and monitor species habitat location and impacts of development. The system also interacts with other databases and systems such as Esri, ArcGIS and ALCES. We are continuing to develop the connections between these systems so that we can automatically access information from all of them for planning purposes such as Cumulative Effects Planning. For example, we might want to understand the impacts of different land uses and developments on our berry picking sites and water sources. We would go back to information and interviews on berry picking, export this information from CKK into an ArcGIS, create a Shape File, and export this into ALCES Cumulative Effects Program. We can then categorize these impacts to show what percentage of berry picking sites are being logged, unde road development, or impacted by private land development. Using CKK with referrals gives us a summary of any overlapping impact. When referrals are submitted, community map layers are created which show whether proposed developments will overlap or come close to traditional use sites such as hunting grounds, medicinal plant areas, berry picking and camping sites. We can now respond to referrals entirely online and create a consultation record that neatly organizes the response letters we send to industry. When we don’t have this information, the Province and companies just rely on their information, which doesn’t include our oral history or reect our needs and interests. Companies or the Province will look at the impact over one lifetime, whereas we can look at our database and see the impact over several generations. INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
156OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATIONBeing able to hold and access our own information strengthens our ability to guide development processes on our territory. With the highway expansion, for example, the local Secwepemc Bands called for a meeting to discuss the impact on our Title and Rights of four laning the Trans-Canada through our territory. Utilizing this information has led to a Corridor Wide Agreement. We have since moved to the consideration of the cumulative effect of the four laning utilizing ALCES on certain species such as grizzly bears.We are eager to begin land use planning, to engage in shared decision-making, and to protect our lands. Our knowledge gives us strength and puts us in a good position to begin planning. Our database is vital for determining our most important areas such as village sites and exploring different planning scenarios. We have reviewed our territory and mapped different scenarios of development according to our priorities and natural resources (e.g. what our territory would look like if it had never been colonized and what it might look like in the future with climate change). Wehave looked at more specific scenarios such as reducing cut allowances so that the forest can grow back. We add details to this scenario such as reducing roads and then explore how that might bring back grizzly populations and safeguard caribou and fish populations, water and water quality. We now have the information we need to manage our lands and make operational and strategic decisions. Finally, one of the most important reasons for developing a digital database is so that the information can be made readily available to our membership and to our band school, Chief Atahm (CAS). The school can access age-appropriate information such as place names and legends and incorporate it into the school curriculum. This is one way that our knowledge is revived back into the community for generations to come. ADAMS LAKE — DATA STORAGE (CONTINUED)
157prepareI. Analyzing ResultsThe community open house was a huge success. You return to your ofce with a stack of ipchart paper, some drawings, a ton of sticky notes and a pile of worksheets. Now what? Data analysis is the act of transforming sources of knowledge and information into a format that can be easily shared, understood and used in decision-making. These sources of information can be gathered from previous planning processes, community research and through community engagement sessions and tools. Although there are many ways to do this, Figure 4-3 shows a series of seven simple steps that can be applied for most data analysis processes: Decide what you want to knowOrganize your DataRough sort Refine sortName the categoriesQuantifyValidateANALYZING RESULTSSTEP01STEP02STEP03STEP04STEP05STEP06STEP07Figure 4-3. Steps for Analyzing ResultsINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
158OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATIONSTEP 1: DECIDE WHAT YOU WANT TO KNOWWhen looking at results, you may need to remind yourself what the purpose of the knowledge and information gathering activity that produced these results was. This will depend on where you are at in the planning or decision cycle and what level you are at on the participation spectrum, among other things.What kind of knowledge and information did you ask community members for? • Did you ask them to share land use issues, strengths, their vision for the future or ideas for specic projects? Understanding this will help you categorize their answers. What do you want to do with this information? • Thinking ahead to the LUP product you are working on might impact how you categorize results. For example, if you are working on a land capacity and constraints analysis, you may want to categorize results as either a constraint or an opportunity (to reect land capacity).STEP 2: ORGANIZE YOUR DATA• Decide how you are going to code your data fManual coding: ◦ Excel sheet ◦ Word document ◦ Electronic data base fData coding software program (see Toolkit Resources at end of step for list of software options with pros and cons of each)• Compile all of the results by station, workshop, activity, interview, etc. STEP 3: ROUGH SORT (MANUAL CODING)• When you notice two community responses that are similar group them together• When you notice a new theme or topic start a new category• Keep going until all of the community responses belong to a group• You might nd it handy to have an “other” category for responses that don’t t anywhere else to go back to at the end
159prepareSTEP 4: REFINE SORT• Review and sort again!• Once all of your data has been sorted, reviewthe categories and look for: fOpportunities to move items from onecategory to another fOpportunities to break large categories into new smaller categories fOpportunities to combine similar categories fOpportunities to categorize “other” responsesSTEP 5: NAME THE CATEGORIES• Create a label for the category that reects asclosely as possible the contents of that category• Try to use the language of the participants innaming the categoriesSTEP 6: VALIDATE• Count how many responses landed under eachcategory• This allows you to validate the existence of eachthematic category, easily share results, andprioritize what matters moreSTEP 7: QUANTIFY• Present results back to community members• Ensure that the community agrees with thendings or decisions. Consider the question:“Does this summary reect what we said asa community?”• Cross reference with other knowledge andinformation setsINDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
160OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATIONJ. Verication and ValidationValidation is the action of checking if something is accurate. One way to do this is to present the results back to community members and give them an opportunity to react. Another way to validate is to check and see if you are hearing the same thing from different knowledge and information sources. As Figure 4-4 demonstrates, there are many different knowledge and information sources that contribute to our understanding and decisions about using the land and resources. Some of those sources of knowledge and information are technical (e.g. geological survey) or quantitative (e.g. demographic trends). Other sources of information are qualitative, like the results of a Youth circle, Elders walk on the land and interviews with trappers. Are these sources of knowledge and information telling us the same thing or different things? If different sources of information are telling us different things, it’s a clue that perhaps we need to do more knowledge gathering to get a clearer picture. If what the Elders are saying is consistent with what the sh counts are saying, which is consistent with what the shers are saying, this would be an example where there would be a high level of condence in the information gathered. KNOWLEDGECOMMUNITY SURVEYANALYSIS OF PAST PLANNINGGEOLOGICAL SURVEYELDERS' WALK ON THE LANDINTERVIEWS WITH TRAPPERSDEMOGRAPHIC TRENDSYOUTH CIRCLEFigure 4-4. Sources of Knowledge and Information
161prepareSTORY 8: TLA’AMIN NATION — WORKING WITH ELDERS TO UNDERSTAND TRADITIONAL HOLDINGSaccurate information. People had to contact ISC to try to nd out anything about their interest in land, and often received no response. The level of frustration was huge.” The Tla’amin Nation hired a lawyer and Michelle worked with her to develop a legal land registry. In addition to clarifying possession information, the land registry includes traditional names and teachings on how the Tla’amin people pass things down, which is different than the Crown and ISC systems. The Planning Support Team started gathering information in 1999 and invited CP holders to bring their documentation and discuss any problems with their lot (hydro lines or roads crossing their lands for example). The team committed to registering their land and addressing any outstanding issues. Michelle said, “We wanted everyone to have access to the same information, so there were no secrets anymore.” Some difcult truths about registered land interests were exposed in the process. However, more than anything, the community came to realize that housing ownership and land ownership had been mismanaged as an automatic function of ISC’s system. For example, when ISC transferred CP interests in land, they assumed a lot of things. They were responsible for wills and estates and handled things from afar. They never came to the village or interviewed anyone. Through no fault of their own, some people ended up with assets that were not theirs whenThe Tla’amin Nation is post-treaty with 8,322 hectares of fee simple land north of Powell River on the Sunshine Coast. The community has over 1,100 members, with the majority living in the main village of Teeshohsum. Before going into Land Code and then finalizing its Treaty in April 2016, Tla’amin Nation did some important background work with community members through a LUP process for Teeshoshum to build a shared understanding of the community’s history. This helped the Nation tackle the challenging task of clarifying land ownership on-reserve, an important step towards both developing and then implementing the LUP.The Nation needed to survey and register all the lots and parcels on-reserve. This meant moving beyond handshake deals and memory and having possession clarified and documented. Michelle Washington was the Land Use Coordinator at the time and she recalls how the process began: “We started by listening to what was controversial and what was causing conflict between community members. There was a lot of misinformation circulating. Many people in our community did not understand how the right to possess land had been allocated through certificates of possession (CPs). Before going into land code, CP information was registered with ISC and not with our Nation. It was really hard for people to get INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
162OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATIONTLA’AMIN NATION — WORKING WITH ELDERS TO UNDERSTAND TRADITIONAL HOLDINGS (CONTINUED)ISC automatically transferred interests in land to them. In a lot of cases, there were problems with boundaries and encumbrances on CP lots because land had not been properly surveyed and administered. There were a number of housing issues to address.Through this process Michelle and the Planning Support Team realized that many people in the community did not understand the history of how the reserve had been established, and the distinction between traditional land ownership and possession under the ISC system. The Planning Support Team looked for a way to teach on this and build a shared understanding of the community’s history. An opportunity came as part of the Tla’amin Nation’s LUP process. With support from a community planning firm (Ecoplan), the Planning Support Team worked with an Elders group to map out their earliest memories of the main residences at Teeshohsum (IR #1). To help spark people’s memories, Michelle looked for the earliest aerial photograph of the reserve. In a workshop setting with everyone present, the team interviewed every Elder in the community about where their parents and grandparents lived from 1920 to 1945, while a GIS specialist marked the approximate location of the buildings on the aerial map. The map was marked with everyone’s traditional names and who was married to who. The Elders talked about how their ancestors previously held vast tracts of land throughout the traditional territory, and how their main residences had been at Teeshohsum. Some shared how family members had also maintained shing, hunting and trapping cabins located throughout the territory and how they had moved according to seasonal gathering patterns. The reserve system changed this way of life. The commemorative map gave the community a window into their collective past, before the 1958 lot surveys conducted by the Department of Indian Affairs. It became a central piece in the LUP and is on display in the Band office for everyone to see.
163prepareMichelle says that, “It turns out that making this commemorative map was the most valuable thing we did in our LUP process. The year after the mapping workshop we lost 28 Elders. There’s only one person left out of the entire group. I wouldn’t have been able to do this work without them.” The Planning Support Team was able to sort out a lot of things. The Nation has acknowledged that there’s nothing that can be legally done about CP interests. CP holders in the community have retained their interest in land post-treaty as fee simple parcels. Most CP holders live on small lots. Now, boundaries and encumbrances have been properly surveyed and corrected. Some people found there was no legal documentation to back up their claim. Knowing this provided them with closure and they were able to move on. One step at a time, a lot of things have been put to rest. In the beginning, anger surfaced at every workshop about something that had happened historically to a family member. The Planning Support Team acknowledged past history through a historical timeline, which became an important tool in the land use planning process. Michelle says that, “It has helped us move past some of the intergenerational conict and controversy. Making information publicly available was a big step towards transparency and accountability.” INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC
164OUR SACRED LANDSTEP 4: GATHER KNOWLEDGE AND INFORMATIONFor more informaon check out: Aboriginal Mapping Network: nativemaps.orgAFN (2008) First Nations Ethics Guide on Research and Aboriginal Traditional KnowledgeBritish Columbia First Nations’ Data Governance Initiative (BCFNDGI): bcfndgi.comEcotrust Canada (2017) Referrals Software: an analysis of options: ecotrust.ca/wp-content/uploads/2017/08/AMN-Referrals-Tools-Analysis-sm.pdf First Nations Information Governance Centre (FNIGC): fnigc.caUniversity of Victoria Ethnographic Mapping Lab: sample set of Indigenous mapping icons: uvic.ca/socialsciences/ethnographicmapping/resources/indigenous-mapping-iconsUniversity of Victoria Community Mapping Collaboratory (2016) Mapping our Common Ground: A Community and Green Mapping Resource GuideTobias, T.N (2000) Chief Kerry’s Moose: A guide to land use and occupancy mapping, research design and data collectionUnion of BC Indian Chiefs and Ecotrust Canada; Environmental Careers Organization (2009) Land Use Planning Coordinator Training ProgramTOOLKIT RESOURCES: A. LUP sources of informationB. Community mapping activity templateC. Community prole checklistD. Green River First Nation sample community proleE. Overview of mapping toolsF. Online Community Mapping: approaches and resourcesG. Software options for data coding and analysis
You are engaging your community members and collecting and analyzing knowledge and information. How will you use all of this knowledge and information? Largely, this information will help you understand your current situation, which will help you decide on your Vision and Direction for future land use. Then you will decide on the specic Strategies and Actions (e.g. policies, projects, programs, positions, buildings, etc.) you will undertake to build your Vision for land governance. These elements make up your LUP Vision Framework. In this section, we explore:Decide FutureWhere are we going?STEP 5A. Translating knowledge and information into a LUP Vision FrameworkB. Understanding our past and present situationC. Creating a LUP Vision FrameworkD. Creating a Vision Statement and Principles for LUPE. Creating LUP Directions and StrategiesF. Assessing land use development scenariosG. Action brainstorming and prioritizationH. Sequencing and costing Actions 165decide
166OUR SACRED LANDSTEP 5: DECIDE FUTURE“ I know what info I need. I know how to protect it.” LUP Workshop Participant (2018)“ We will adapt engagement to members’ preferences to ensure they feel comfortable to participate.” LUP Workshop Participant (2016)“ Through our planning activities we will try to teach the generations about our culture and traditions.” LUP Workshop Participant (2016)“ Community engagement sets a good precedent for Youth as future leadership.” LUP Workshop Participant (2016)
167INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideA. Translating Knowledge and Information into a LUP Vision FrameworkIn Step 4 we talked about gathering knowledge and information for LUP. Much of that knowledge and information helps you understand the past and current situation. Reviewing planning history is one way we seek to understand “Where have we come from?” and compiling information in a community prole is a way to help communicate and understand “Where are we now?”. In Step 3 and 4, you have also been gathering knowledge and information from community members about core issues and opportunities. This knowledge and information or research can be summarized in a situational assessment. A situational assessment is an analysis of knowledge and information gathered in order to identify core strengths, issues, needs, opportunities and constraints to be addressed in the LUP. Typically, it presents key strengths, challenges and opportunities organized by theme (e.g. health, governance, lands, safety). The situational assessment should make it clear to the reader what the most pressing strengths, challenges and opportunities are to focus on in the LUP. Figure 5-1 (next page) provides a sample of what a summary situational assessment might look like for Green River First Nation.COMMON TOOLS FOR SUMMARIZING OUR PAST AND CURRENT SITUATION: A. A historical timeline: A timeline of the events that have shaped the community B. Community prole: An inventory of key community and land facts (see community prole checklist in Toolkit Resources at the end of Step 4)C. Situational assessment: An analysis of information gathered to identify core issues, needs, opportunities and constraints to be addressed in the LUP
168OUR SACRED LANDSTEP 5: DECIDE FUTURECHALLENGESSTRENGTHSCHALLENGESSTRENGTHSCHALLENGESSTRENGTHS Self-RelianceCHALLENGESSTRENGTHSCommunity Healthand SafetyCHALLENGESSTRENGTHSHistory of fighting for our lands •Our planning history •Elected and hereditary leadership system •Green River constitution •• Limited land governance powers under Indian Act• Not enough land to build on (e.g. for housing)• Not enough land staff for research and planning• Hard to keep members engagedEnvironmentStewardship Culture andTraditions Governance• Irresponsible development in our territory• Young people are not being taught to care for the land• Lack of monitoring on the land• Declining fish stocksRelationship with the land •Beauty of our land and river •History of caring for our lands •Many members with knowledge of the land •Our resilience •Existing language program •Elders willing to teach •Drumming group •Existing businesses •Fisheries •Revenue sharing agreements •Traditional and cash economy •Existing land-based health programming •Social support networks •Annual clean up event •• Loss of language and traditions • Youth are not able to hunt and fish• Some members do not have access to the land• Lack of Elder and Youth connection• Limited revenue sources• Limited access to education and training• Remote• Loss of traditional skills• The lack of street lighting impacts safety at night• There is a lot of garbage dumping • Pressure on health services• Many houses need repairs• There are limited services on-reserveFigure 5-1. GRFN Situational Assessment Summary
169INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideOnce you have a rm understanding of the current situation, the next step of the planning process is to develop a vision for the future. We describe this as a Vision Framework.The Vision Framework aims to apply the strengths, challenges and opportunities highlighted in your situational assessment. In addition to gathering knowledge and information about how Historical ReviewWhere have we been?CommunityProfileWhere are we now?EngagementSituational AssessmentWhere are we now?LUP VisionFrameworkWhere are we going?Review of past plansAn inventory of key community and land factsSTRENGTHS ISSUESCAUSESNEEDSCONSTRAINTSOPPORTUNITIESVALUESAn analysis of information gathered to identify core issues, needs, opportunities and constraints to be addressed in the LUPThe Vision, Principles, Directions and Strategies that guide your LUPFigure 5-2. Situational Assessment Processthings are now, you are collecting knowledge and information to decide your collective Vision for what the community would like to see in the future. In summary, your LUP Vision Framework will respond to the strengths, issues, causes, needs, opportunities and constraints identied in your situational assessment, and those identied through your engagement and research efforts. These combine with your community prole and historical review to position your LUP Vision Framework (see Figure 5-2).
170OUR SACRED LANDSTEP 5: DECIDE FUTUREB. Understanding Our Past and Present SituationIn order to decide “Where are we going?”, the community needs to look at what is going on in the community and on the land. What is going on in the community today that you need to understand and consider in your Vision for current and future land use?As explored in the Step 4, good knowledge and information are important for making good LUP decisions. Some of that knowledge and information will help you understand what is going on in the community and on the land right now to help make decisions on what the needs and opportunities regarding land use are for the future. Understanding the past and present situation involves research (e.g. collecting community statistics, reading past planning reports and studies, collecting knowledge and information about the land) and community engagement. Information gathering tools such as a community prole and situational assessment, community mapping and a land capacity/constraints analysis are helpful in understanding the current situation. A few additional community engagement tools that can be helpful in collecting information about the past and present situation include: a community timeline, SWOT, PARK, and an exploration of underlying casues.COMMUNITY TIMELINEPlace a large, blank timeline up on a wall and ask community members to add dates of signicanceSWOTAsk community members to consider current Strengths, Weaknesses, Opportunities and Threats relating to their community and the land (see Toolkit Resources at the end of step for SWOT template)PARKAsk community members to consider what they want to Protect, Add, Remove or Keep (PARK) on their land (see Toolkit Resources at the end of step for PARK template)EXPLORING UNDERLYING CAUSESAsk community members to brainstorm some of the issues they feel are important to the land, and for each issue, ask them to consider what the underlying causes are of the issue (see Toolkit Resources at the end of step for Root Cause Tree). This exercise helps community members consider some of the root causes that are important to address and decide solutions.SWOTP A R K
171INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideC. Creating a LUP Vision FrameworkA Vision Framework is one way to organize how everything ts together in your LUP. It typically includes a statement of your Vision for the future use and protection of your land, a statement of guiding Principles, along with a set of Directions, Strategies and Actions that describe how you will achieve the LUP Vision Framework (See Figure 5-53). PrinciplesVISIONDirections Directions DirectionsActions ActionsStrategy Strategy Strategy StrategyFigure 5-3. LUP Vision Framework
172OUR SACRED LANDSTEP 5: DECIDE FUTUREVisionOutlines a posive and inspiring imagined future based on values and the change the community wants. Represents a community’s values and prioriesPrinciplesCommunicates the values and beliefs of the community that guide the LUPDirectionsDescribes the overall goals of what you plan to acheive in the implementaon of the land use planExamples: minimize environment impacts, honour our culture, strengthen land governanceStrategiesIdenfies how you will achieve the DireconExamples: promote eco-tourism, protect salmon habitat, increase efficiency of referralsActionsPinpoints the specific projects, policies, posions, programs, buildings or planning you idenfy in your LUP process as a priorityExamples: tradional medicines program, cultural center, land monitoring projectResults, Impacts and OutcomesELEMENTS OF A VISION FRAMEWORKYour Vision Framework is made up of the following parts: Figure 5-4. Elements of a Vision Framework
173INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideA Vision Framework can be described as the outline of your LUP. Ideally, your Vision Framework can be summarized on one page, thus providing members with easy access to the core elements of your LUP. All of your work up to this point should inuence what goes in your LUP Vision Framework including all of your knowledge and information from past planning research, community engagement and your decision analysis (as illustrated in Figure 5-5 below). Figure 5-5. Steps in Creating a Vision FrameworkKnowledge and Research (internal & external)Knowledge and Community EngagementDecision AnalysisVision Framework
174OUR SACRED LANDSTEP 5: DECIDE FUTURED. Creating a Vision Statement and Principles for LUPTo develop a Vision Statement as a community, you will need to provide community members with opportunities to share their ideas regarding the future of your lands based on what they are saying about the past and present situations. The following are a few examples of tools that can be helpful for having community members share their Vision for the future. VisionA positive and inspiring description of an imagined future based on values. It describes the desired change the community wants and represents the community’s values and priorities.Ask community members to draw, collage or paint a scene on the land that they would like to see in the futureArt-based visioningAsk community members to write a postcard to a relative describing their Vision for the land 20 years from now (see Toolkit for sample postcard)Write a postcardAsk community members to populate a tree with leaves on which they write ideas for their Vision for the futureVision treeBased on the ideas shared in visioning activities and/or based on past Vision statements, ask community members to review draft Vision statements or a set of LUP principles by circling words they like, crossing out ideas they do not like, and adding any words that are missingReviewing dra Vision statements
175INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideEXAMPLE VISION STATEMENTSLower Similkameen Indian Band 2011 Land Use Plan “Our vision for the Smelqmixw People is one where we honour our Ancestors, Elders and future generations by living in harmony with our environment. Our water, lands and resources are fundamental to our identity, create our sense of community, and sustain our health. We respect and manage our environment based on our traditional teachings, spirituality, cultural values and practices, and through our stories (such as the Four Food Chiefs) that have been passed down and told to us generation after generation. We take enormous pride in the stewardship of our water, lands and resources, and all generations share in this responsibility. This includes teaching, learning and being on the land together whenever possible. Through our transparent decision processes, land governance tools and policies, we make the wisest decisions possible regarding the use, impacts and protection of our environment. We act on our economic development needs and opportunities in a balanced way, work together and embrace our culture whenever we can.”Trudy Peterson, LSIBHeiltsuk 2004 Land Use Plan“Our vision for this area remains unchanged. We will continue to balance our needs while sustaining the land and resources that support us. We will continue to manage all Heiltsuk seas, lands and resources according to customary laws, Traditional Knowledge and nú.ym' (oral tradition) handed down by our ancestors, with consideration of the most current available scientic information.”Heiltsuk Land Use Plan (2004)
176OUR SACRED LANDSTEP 5: DECIDE FUTUREPRINCIPLESAs discussed in Step 2, a Principle is a statement about beliefs and values that describes how to live and behave in a good way with respect for the land. Along with a Vision Statement, your LUP may have a series of statements that describe the Principles that will guide the LUP. The following are a few examples of tools that can be helpful for having community members share ideas for Principles. • What would our ancestors say? Ask community members to reect on what Principles your ancestors would have wanted you to follow.• What rules should guide us? Ask community members what rules should guide how we care for the land. Children in particular nd it easier to relate to the concept of rules rather than Principles.TIPS IN DEVELOPING A COMMUNITY VISION AND PRINCIPLES 5 Get Youth to lead and motivate the community Vision process 5 Use a variety of engagement tools to explore Vision and Principles 5 Ask community members to consider what life was like a long time ago 5 Bring in examples of Vision Statements and Principles to get the juices owing 5 Document and circulate the Vision and Principles in creative ways 5 Invest time in creating a Vision Statement and Principles that members connect with• What brings you joy? Ask community members to consider what brings them joy when they are out on the land as a way to collect information on what values community members think are most important. An understanding of what values are most important to community members can be translated into specic Principles for LUP.For example, community members may answer the question of “What brings you joy?” with many examples of being out on the land with their family. From this you understand that access to getting out on the land is something that is highly valued. This could translate into a LUP Principle that states: “We will maintain and support community members’ ability to be active on our lands.” PrinciplesA set of statements that describes the values and beliefs of the community that guide the land use plan.
177INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideEXAMPLE PRINCIPLESHaida Gwaii 2005 LUP• Care of the land – focus on what to leave andthen what to take• Meeting community needs – optimize benets toisland communities• Meeting future needs – maintain or increasesustainable ecological, social, spiritual,cultural and economic opportunities for futuregenerations – our great grandchildren will havebetter opportunities than are available to usTla’amin 2010 LUP The language and teachings of the Tla’amin people are included in their LUP. This reects decades of dedicated work to protect and revitalize the language and traditional governance Principles. The teachings are presented as the guiding Principles of the Plan, known in Salish as the Ta’ow. There are ve Principles:1. Yeeqotltlet – accountability2. Qwakwistowtl – communication3. Thahthxwen – fairness4. Ganuxwet – honesty5. Teestahm - respectSumas First Nation 2013 LUP• Sema:th will commit to collective community balancein creating and fostering a healthy, prosperous andsustainable way of life• Sema:th will respectfully progress into the future byembracing Sema:th heritage; the land, the sky, thewater, the forests, the animals, and the people, not theleast of whom are the ancestors – all that Sema:th is• Sema:th recognizes that the LUP is part of a greaterobjective, to “look after” all that belongs to Sema:th• Sema:th drafted the LUP to ensure a healthyenvironment, protection of resources, appropriatedevelopment, and a celebration of culture• Sema:th will work to promote sustainable economicdevelopment and work to protect and enhance thevalue of Sema:th Lands• Sema:th seeks to articulate a clear plan for landdevelopment on Sema:th Lands• Sema:th seeks to provide an informed, transparent,consistent, and credible process for making decisionsconcerning the development of Sema:th Lands• Sema:th will contribute to local and regionalprosperity and be known as a strong political andreputable neighbour
178OUR SACRED LANDSTEP 5: DECIDE FUTUREE. Creating LUP Directionsand StrategiesYour Directions should help answer the question: “What are we ultimately trying to do with our LUP?” They represent the highest ordered priorities, broadly. Directions are sometimes called goals or ends-objectives. They do not tell us specically how to achieve these Directions (that comes later with Strategies and Actions) but rather describe the major themes that have been uncovered through research and engagement in previous planning steps. They may line up, for example, with the themes identied in your situational assessment. A good Direction has a verb (such as increase, ensure, strengthen, honour) that describes exactly what your community hopes to do regarding the particular theme identied such as ‘Strengthen our Land Governance’ or ‘Maintain and Protect Natural Resources’. Looking at the themes that have emerged from your Historical Planning Review, community prole and/or your situational assessment is a great place to start when drafting Directions. In your situational assessment, for example, you may have identied a number of overall core issues you hope your LUP will address. In Table 5-1 (next page), the issues from LSIB’s situational assessment have been grouped by theme, and then restated as Directions. DirectionsDescribes the overall goals of what you plan to acheive in the implementation of the land use plan.Examples: minimize environment impacts, honour our culture, strengthen self-governance.TIPS FOR WRITING DIRECTIONS 5 A land use Direction should relate to the community’s Vision, Values and Principles 5 Write your Directions in the active tense so that they are action oriented 5 Use the verb in the statement to describe the Direction (e.g. decrease, increase, strengthen etc.) you want to go 5 Use the themes from your situational assessment, Vision Statement, and Principles to craft the rst draft of your Directions 5 Have community members validate the Directions and check the wording for accessibility
179INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideISSUES FROM SITUATIONAL ASSESSMENT THEME DIRECTIONLimited land governance powers under Indian ActNot enough land to build on (e.g. for housing)Not enough land staff for research and planningHard to keep members engagedLand GovernanceBuild land governance to promote the health of our landsIrresponsible development in our territoryYoung people are not being taught to care for the landLack of monitoring on the landDeclining sh stocksEnvironmental StewardshipExpand land, water and environmental stewardship for future generationsLimited revenue sourcesLimited access to education and trainingRemoteLoss of traditional skillsSelf-Reliance Generate nancial self-reliance through the wise management of our landsLoss of language and traditions Youth are not able to hunt and shNot all members have access to the landLack of Elder and Youth connectionCulture and TraditionsProtect and teach our culture in ways that honour our AncestorsBuild unity and collaboration within our community and between generationsThe lack of street lighting impacts safety at nightThere is a lot of garbage dumping Pressure on health servicesMany houses need repairsThere are limited services on-reserveCommunity Health and SafetyMaximize community health and safetyPromote the sustainable design of our lands and infrastructureTable 5-1. LUP Issues -Directions: Lower Similkameen Land Use Plan
180OUR SACRED LANDSTEP 5: DECIDE FUTUREStrategies are more specic than Directions and they describe how you plan to achieve your Directions. Strategies are sometimes referred to as means-objectives. It is helpful to think of Strategies as a way to bridge broad Directions with specic Actions (e.g. policies, programs, positions). Build Land Governance to Promote the Health of our LandsGenerate Financial Self-Reliance through the Wise Management of our LandsProtect and Teach our Culture in Ways that Honour our AncestorsExpand Land, Water and Environmental Stewardship for Future GenerationsMaximize Community Health and Safety Promote the Sustainable Design of our Lands & InfrastructureBuild Unity & Collaboration within our Community and between Generations2 4 56 7 CoreDirections3 1 StrategiesIdenties how you will achieve the Direction.Examples: promote eco-tourism, protect salmon habitat, increase efciency of referrals.Figure 5-6. Example LUP Actions and Core Directions adapted from LSIB Land Use PlanFigure 5-6 illustrates seven examples of LUP Actions and Core Directions from the LSIB Land Use Plan.
181INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideOne way to help distinguish whether something is a Direction, a Strategy or a specic Action is to answer the following questions: • Does the statement describe a broad goal(Direction)?• Does the statement describe how change orimprovements will take place (Strategy)?• Does the statement describe specic initiativesor activities (Action)?Table 5-22 is meant to show how Strategies can help bridge Actions and Directions.DIRECTION STRATEGIES ACTIONSMaintain and Protect Natural ResourcesEnsure habitat protection Habitat restoration programHire environmental protection ofcerMonitor our lands and resources Land monitoring programAnnual sh countsIncrease land-based knowledge Back to the land programFishing program for Youth Table 5-2. Directions Strategies ActionsTIPS FOR CHOOSING STRATEGIES 5 Each Direction may have multiple Strategies 5 Pick Strategies that meet multiple Directions 5 Pick Strategies that bridge specic Actions with Directions
182OUR SACRED LANDSTEP 5: DECIDE FUTURESAMPLE LUP STRATEGIES BY DIRECTIONIn this example from the Lower Similkameen Indian Band LUP, each Direction has a number of Strategies that describe specic approaches to achieving that Direction. Strategies by Direcon1. Build Land Governance to Promote the Health of Our Lands• Expand and clarify the authority, control and security over our reserve lands• Increase the certainty of land ownership• Share the responsibility of managing lands and resources together• Increase our capacity to monitor and control access to LSIB lands2. Generate Financial Self-Reliance Through the Wise Management of Our Lands• Increase our land supply so that we can sustain wealth for our people• Expand our local and regional economy for the benet of people and community • Develop our knowledge and information base for our strategic decision-making process3. Protect and Teach Our Culture in Ways that Honour Our Ancestors• Preserve, protect and restore sacred, cultural and historic sites• Ensure LSIB language and cultural practices are integrated into our land management system“ Land use plans can inform and be used as a negotiating tool.” LUP Workshop Participant (2017)
183INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideF. Assessing Land Use Development ScenariosThis activity involves preparing different land use development scenarios based on the ideas, values and needs gathered during research and community engagement. Each scenario represents a set of choices and emphasizes priorities. Each option involves trade-offs and has strengths and weaknesses. One way to obtain community feedback is to have community members review maps where the potential land use options have been identied and the risks and benets of each option are explained. This should be clearly displayed on large maps and posters so community members can write comments either directly on the map or use post-it notes. This information is then recorded, analyzed, and used to rene the land use planning options.The purposes for creating land use development scenarios include:• To validate local knowledge and communitybased solutions guided by local values• To identify which is the best ‘road’ to take (severalActions packaged together make upan option) to realize the LUP Vision (Framework)• To ensure the best and appropriate use of landand resources• To increase understanding of the risks andbenets of different options• To reduce risk and unintended consequences• To maximize benets• To promote community self-governmentAnother way to assess land use scenarios is to evaluate them using the identied core Directions. All decisions require tradeoffs (What will you gain? What will you give up?). By asking community members to consider tradeoffs, you are increasing understanding for how decisions are made. Each land use development scenario needs to be described or, ideally, demonstrated visually on maps. For each land use development scenario, consider how well they meet each Direction. This can be done by giving each option a numeric score, or a simple “Low, Medium or High” score.
184OUR SACRED LANDSTEP 5: DECIDE FUTUREDIRECTIONS: PROTECT AND TEACH OUR CULTURE AND LAND-BASED TRADITIONSBUILD ECONOMIC SELF-RELIANCEMAINTAIN AND PROTECT NATURAL RESOURCESOPTIONSHigh Use DevelopmentLow High LowConservation focusMedium Low HighCultural focus High Medium MediumExample:The Green River First Nation Planning Support Team has developed the following three land development scenarios in Table 5-33 for consideration by community members: High Use Development: Intensive commercial and residential development throughout our landConservation Focus: Limited development throughout our land with an emphasis on habitat restoration and conserving land for traditional uses Cultural Focus: Medium scale commercial development focused on cultural amenities and cultural tourism opportunitiesIn this example, the tradeoff analysis reveals that the cultural focus land use development scenario does the best job at meeting multiple Directions.Table 5-3. Land Development Scenarios
185INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideDIRECTIONS: PROTECT AND TEACH OUR CULTURE AND LAND-BASED TRADITIONSBUILD ECONOMIC SELF-RELIANCEMAINTAIN AND PROTECT NATURAL RESOURCESOPTIONSHigh Use DevelopmentNot directly related to our cultureWill provide many local jobs and revenueDoes not help us protect our natural resourcesConservation focusWill protect the resources we need to practice our cultureWill not generate any revenueMore of our land is protectedCultural focusDirectly relates to the goal of protecting and teaching cultureSome economic activity related to cultural tourismMore of our land is protectedSTORY 9: STORY OF PRACTICE FROM TSAWWASSEN LUP PROCESSIt is important to describe your rationale through facts and analysis for assigning a low, medium or high score. Table 5-44 demonstrates how you can describe your rationale for each score.“During our LUP process it became apparent that members had different ideas on density and the types of community amenities they would like to see, but we worked through these differences with extensive dialogue and information sessions. We felt it was important to recognize that each individual member has a unique voice in the process. Through engagement, we developed a good understanding of our members’ priorities and we were able to develop three land use planning scenarios that reected their needs. One scenario focused more on industrial development, another on commercial development, and a third option was for more moderate commercial development as well as a focus on member housing. The selection process gave everyone a sense that it was a bottom up decision. We presented the scenarios and members were invited to vote on their preferred Direction—which ended up as the moderate commercial development with housing.” Andrew Bak, Territory Management Ofcer, Tsawwassen First NationTable 5-4. Options Analysis
186OUR SACRED LANDSTEP 5: DECIDE FUTUREG. Action Brainstorming and Prioritization• By type: Share with community members the different types of Actions that have been suggested so far (e.g. programs, policies, buildings, positions, etc.) and ask them to brainstorm Actions by typeIt is helpful to start a database of all of the ideas for Actions suggested by community members. You can use the categories listed above (issue, Direction, Strategy, type) to organize your Actions for easy access. If you are able to track how often each idea gets suggested, this will be very helpful later on in understanding which Action ideas are most popular. See Table 5-55 (p. 188) for example LUP Actions.PRIORITIZING ACTIONS WITH COMMUNITY MEMBERSGenerating ideas for Actions is generally fun and easy to do. The challenging part is narrowing the wish list down! A LUP with a list of 400 Action ideas is not helpful. A long list of Actions can be overwhelming, and leave people questioning “How are we possibly going to accomplish all of this?” There are a few ways to organize your Actions to help set you up for implementation success. Your LUP should provide Direction to leadership and staff as to the most Strategic Actions to focus on given limited resources. Many communities will have their own traditional processes The Actions listed in your LUP should represent the specic things that will get done. Throughout your process, community members will likely share many ideas for Actions. Actions are typically a program, a position, a building, a policy, a plan, a study or an event. BRAINSTORMING ACTIONSThere are a number of different ways you can ask community members to share their ideas for Actions: • By Issue or Opportunity: Share with community members the main issues and causes that were identied in your situational assessment and ask them to brainstorm specic solutions for each issue• By Direction or Strategy: Share with community members the draft Directions and Strategies that have been identied to date, and ask them to brainstorm specic Actions for each ActionsThe specic projects, policies, positions, programs, buildings or planning you identify in your LUP as a priority.Examples: traditional medicines program, cultural centre, land mointoring project.
187INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecidefor communal decision-making. The following three simple tools can be used in group settings to narrow down LUP options and prioritize Actions. 1. Dotmocracy: In this exercise,community members are given a packof stickers (typically dots). Each dotrepresents a vote. Community membersare invited to put a dot next to the Actionthey like the most. They can distributetheir dots in any way they like, givingall of their dots to one priority Action,or sharing their dots between differentActions. This tool is useful onlywhen screening long lists ofoptions, as a step towardsnarrowing the listdown. The tool shouldnot be intended todecide a nal list of Actions. Additional due diligence research and costing are typically needed for the nal Action list.2. Ranking: In this exercise, communitymembers are asked to rank Actions,typically based on criteria, by placing the#1 beside the Action they like the most,a #2 beside their next favourite Action,and so on until they reach the end ofthe list. This works best for lists that areno longer than 10 Actions. To preparecommunity members to prioritizeActions, it is important to provide themwith the facts and information they need to make decisions and to understand the trade-offs. For example, you may provide them with a description of each option with a list of pros and cons or you may provide a cost-benet analysis when looking at the options. 3. Criteria: You may ask communitymembers to help identify what criteriashould be used to prioritize Actions. Thishelps get community members involvedin the decision-making process. Criteriarepresent the things you consider to helpmake a decision. A common set of criteriafor narrowing down Action ideas include:• Popularity• Cultural Approaches• Impact• Feasibility• Cost• Urgency• Risk level
188OUR SACRED LANDSTEP 5: DECIDE FUTUREPROGRAMS AND SERVICESHUMAN RESOURCES AND TRAININGPLANNING STRATEGIES AND RESEARCHINFRASTRUCTURE EVENTS AND WORKSHOPSPOLICIES AND PROTOCOLSParenting and trauma workshopsSupport group for parentsCultural education programHelp for families struggling with addictionsFirewood collection serviceTraditional foods program (Youth and others)Job shadowing and mentorshipWalking programProgram to help Elders clean their yards and take care of their homesMental health/addictions workerTrain staff to understand traumaConduct Traditional Use studiesBusiness planning educationCultural teachersYouth committeeCultural programs managerGovernance and Leadership trainingHousing committeeTrain Youth to know the land and leadFirst aid and emergency response trainingHousing workerHealth and Wellness StrategyEmergency planningPlan for natural disastersResearch on Treaty processCommunications StrategyEconomic development planningEcotourism studyCurriculum project to bring Traditional Knowledge into schoolLanguage Assessment and StrategyRights and Title StrategyDesign process to respond to referralsLUP and land codeYouth StrategySchool in our communityBetter roads (x potholes)Cultural centre that is Youth friendlyA place for Youth Build/repair community members’ homesSignage in traditional languageCommunity gas station and storeFire escapes in all homesUpgrade sports eldsCommunity cultural celebrationGet members on the landAnnual Youth camp on the landHealth and wellness workshopParenting workshop on traditional valuesAnnual event on the land with technology prohibitedWorkshop for Elders to teach Youth about landGet Youth and Elders together for eventsBaby naming ceremonyRecognition ceremony; recognize the people who make a difference in communityChild protection protocolCreate and enforce administrative (staff, hiring) and community (pet, junk, housing) by-lawsHuman Resources PolicyCeremony protocol (document)Communicate to outsiders the treatment we expectDocument and share best practices for land managementCreate land tenure and land use regulationsPolicy regarding how band corporations make community decisions Update education policyTable 5-5. Example LUP Actions
189INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecide
190OUR SACRED LANDSTEP 5: DECIDE FUTUREPRIORITIZIN ACTIONS WITH COMMUNITY MEMBERS CONTINUEDUsing a set of criteria, developed internally by decision-makers or with community members, you may undertake an analysis of Action options. Here is a short description of some of the most popular decision-making criteria: Popularity: Which Actions were mentioned the most frequently throughout the process and/or which Actions were most popular when you asked community members to rank Actions?SCORE POPULARITY FEASIBILITY IMPACT3Action was suggested by community members more than 50 times Easy to achieve Meets more than 3 of our Directions2Action was suggested by community members 20-49 timesRequires more resources, funding, or trainingMeets 2 or 3 of our Directions1Action was suggested by community members less than 20 timesWill require extensive funding, planning and resourcesMeets 1 or 2 or our DirectionsImpact: What is the anticipated impact of this Action on the Directions and Strategies? Prioritizing Actions that have the highest anticipated impact on the most number of Directions and Strategies is ideal.Feasibility: Considering nancial and human resources, how long will this Action take to accomplish? Urgency: What is the urgency or severity of the issue or need this Action is trying to address? Based on any or a combination of these criteria, Actions can be prioritized based on how well the Actions meet these criteria. A simple tool to do this as a group is to assign each Action a score based on a point system you develop based on criteria. For example, let’s say the Green River First Nation has decided that their criteria are popularity, feasibility and impact. They could develop the following scoring system to assess their action ideas, as illustrated in Table 5-66 below. Table 5-6. Analyzing Options
191INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideEXAMPLE ACTIONS POPULARITY FEASIBILITY IMPACT TOTALLAND-BASED YOUTH PROGRAM3 2 3 8BUILD A SCHOOL IN OUR COMMUNITY2 1 1 4HIRE STAFF TO COMPLETE TRADITIONAL USE STUDY1 3 2 6When listing priority Actions in your LUP, you may nd it helpful to distinguish them by priority level. One possible way to distinguish different levels of priorities is as follows: • Critical: An Action we cannotdo without• Important: An Action that needsto happen, but not as urgent as ourcritical actions• Supporting: An Action that needs toget done at some pointCommunity members can help in categorizing Actions by prioritization level after a discussion about the criteria to use for decision-making. (See Action prioritization tool sample in Toolkit Resources at the end of step).Organizing Actions into different priority levels is one way to show a larger set of Action ideas in your LUP, all while ensuring that the most strategic Actions are identied. Ultimately, the goal is to narrow the list of Actions down to meet the criteria that are most important to community members in realizing their Vision. Depending on the criteria that are most helpful to your community, prioritizing your LUP Action ideas will help you identify the Actions that: • Are supported bycommunity members• Advance as many of your Directionsand Strategies as possible• Address the strengths, issues andopportunities identied in thesituational assessment• Generate the highest benets forthe community• Are feasible given access to resources(e.g. time, funding, people, information)When applying this point system to their list of potential Actions, the Green River First Nation found that some Actions scored higher than others (see Table 5-77). This helped them sort Actions and quickly identify those that meet multiple criteria. In this example, the Land-based Youth Program is the most favoured. Table 5-7. Prioritizing Actions
192OUR SACRED LANDSTEP 5: DECIDE FUTUREH. Sequencing and Costing ActionsSEQUENCINGNow that Actions and development options have been prioritized, the next step is to sequence the Actions, recognizing that not everything will happen at once, and some Actions need to happen rst. Sequencing the spare Actions ensures that Actions happen in a logical order, and spreads Actions out over years which helps with budgeting and implementation planning. “Quick starts”, “quick wins” or “low hanging fruit” are different ways to describe the idea of identifying some visible Actions that are relatively easy and low cost to implement that could strategically happen right away. Some of the advantages of quickly implementing some small projects include: • Building trust that the LUP is responding to community members’ needs, that they feel validated• Building condence from leadership and staff to kick start implementation• Building momentum for future LUP Actions“ People will trust that change can happen when they see something concrete, something they can notice, see and feel. Something physical that’s been built, a park that’s been created. Jobs, training, a store. A feeling of working together, focusing on meeting needs.”Sandra Harris, staff at Gitksan Nation, Wet’suwet’en Nation“ You also can’t go through a major planning process without having some tangible milestones being met. People want to see the inuence of change, they want to see their dialogue contribute to something positive. If your planning process is not doing that then you’re missing the boat.”Steven DeRoy, Firelight Group
193INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideAPPROACH 1: MAPPING OUT BY YEARAfter the Quick Starts, the rest of the Actions can be presented along a timeline of 5 or 10 years or whatever timeframe makes sense for the community (see Table 5-88). Sequencing actions along a timeline is a helpful way to: • Sequence Actions in a logical order, recognizingthat some things need to happen before otherTable 5-8. Sample 10-Year TimelineYEAR 1 2 3 4 5 6 7 8 9 10Culture campYouth men-torship programTrain land monitorsWater StrategyEstablish land information management systemLaunch land monitoring programExpand Youth mentorship programFeasibility study for cultural centreEmergency Response planBuild cultural centrethings (for example, before launching a land monitoring program, there is a need to train members to be land monitors)• Space out high cost items to help organizeyearly budgets• Build in enough planning time for the sub stepsrequired for complex projects (e.g. feasibilitystudies, impact assessments, business plans)• Some Actions might be piloted in earlier years,and then based on the success of the pilot,scaled up in future years. What started as acultural event, for example, could be scaled upto be a culture and land program comprised ofregular events.Once ‘Quick Starts’ are identied, the community needs to gure out the best approach to organize and sequence the set of Actions declared. There are three approaches:
194OUR SACRED LANDSTEP 5: DECIDE FUTUREAPPROACH 2:MAPPING OUT BY PHASEAnother approach to organizing Actions for implementation is to phase Actions by themes as shown in Table 5-99. This involves grouping Actions that will happen together in a phase, and spreading Actions out over time. The phases of Actions build on the Actions from the previous phase. This can help break up the priority Actions into smaller pieces, and help prepare budgets by phase. This way of organizing helps manage expectations and results. PHASE TIMELINE DESCRIPTIONPhase 1: Getting Ready for ActionYears 1-2 Organizing your human resources and lining up funding for implementationPhase 2: Building Momentum Years 1-3 Building condence with quick start projectsPhase 3: Building On Our StrengthsYears 2-4 Starting with the things you can do right now with existing resources to prepare yourselves for bigger changes in the futurePhase 4: Expanding Our CapacityYears 5-7 Expanding the infrastructure, human and nancial resources you need to achieve larger goalsPhase 5: Increasing Scale and ImpactYears 8-10 Completing your big ideas that require signicant funding and/or human resourcesTable 5-9. Sample Phases of Implentation
195INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideAPPROACH 3: MAPPING OUT BY TYPE OF ACTIONAnother way to help prepare Actions for implementation is to group Actions by type as shown in Table 5-1010. An Action might be a: • Policy• Plan or Study• Position• Program• BuildingBy seeing all of the same type of Actions grouped together, it helps to prioritize and sequence Actions. How many buildings can we realistically expect in the next 5 years? How many new positions could we add a year? In general, the set of Actions should be reasonable, achievable and strategic to secure and guide the change community members want to see.EVENTCommunity shing eventTraditional Knowledge conferencePOLICIESFencing policyWater licensing policyPLANS OR STUDIESEconomic development planCultural centre feasibility studyWater StrategyEmergency response planPOSITIONSLands monitorWater coordinatorYouth mentorPROGRAMSLands monitoring programCulture campYouth mentorship programBUILDINGSCultural centreSawmillFish processing plantTable 5-10. Example Actions Sorted by Type
196OUR SACRED LANDSTEP 5: DECIDE FUTURECOSTINGThe next step in preparing for implementation is budgeting. This involves calculating how much the LUP will cost to implement. This calculation is an estimation based on the sequencing or phasing of your Actions. Not all of your Action ideas will have had full feasibility studies and/or business plans completed yet, so the cost at this stage may be an estimate, and you may build in the cost of a feasibility study and/or business plan as one of items in your costing model. Consideraons for cosng: • How much will each Action cost to implement? • Which Actions will be one type expenditures and which require yearly funding to maintain? • How many staff hours will be required to implement the plan? How many more employees will you need to implement this plan? What kind of staff? At what wage?• What enforcement needs does your LUP have? Will enforcement require new positions? • What studies will be required relating to some of your Actions (e.g. business plans, feasibility studies, engineering studies, environmental assessments, legal opinions)? How many consultant fees will this require? • How many Actions depend on volunteers and/or community engagement? What is your community culture around volunteerism and/or honourariums? • What are your revenue sources (e.g. own source, government funding, proponent funding, donations)?• Which of your funds are one-time versus ongoing? For more informaon check out: INAC CCP Handbook (2006) Comprehensive Community Planning for First Nations in British ColumbiaUN-Habitat (2005) Promoting Local Economic Development through Strategic Planning Volume 2: Manual, Module 3: How do we get there? TOOLKIT RESOURCES: A. SWOT templateB. PARK templateC. Root causes treeD. Sample visioning postcardE. Action prioritization tool
You have identied your Vision Framework for your land use, and have decided on and sequenced your priority actions. You now need to understand how your actions will impact the land and decide what can happen where and how to best manage the use and protection of lands. To do this, you can develop LUP tools to ensure that you can manage the activities that happen on your land. These main tools will include land zones, specic land laws, regulations or policies and a set of maps that will express what can happen on your lands, where and how. In this sense, you are operationalizing your LUP, or setting up the tools you will use to put the LUP into action. In this section, we explore: A. Understanding land use planning toolsB. Understanding zoning/designation of landsC. Deciding on land use zonesD. Land use laws, regulations or policiesE. Permitting F. Referrals processCreate ToolsHow will we get there?STEP 6decide197
198OUR SACRED LANDSTEP 6: CREATE TOOLS“ First Nations that have a plan know where they want development and where they don’t and can communicate that to third parties. Land use plans help create certainty for third parties interested in economic development, they share the community vision and expectations on how development can occur.”Angel Ransom, Angel Ransom Consulting Nak’azdli Whut’en First Nation
199INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideA. Understanding Land Use Planning ToolsYour Vision Framework explains how you are going to manage and care for your lands in the future. This Vision has implications for what will or will not happen on the land. Land use planning tools allow you to set the limits for what can or cannot happen on your lands, where and how. These tools aim to ensure that the ways you use the land now are protected (e.g. harvesting berries or picnicking at the lake with your family) and that there are areas available for future uses (e.g. to support a future sh processing plant or to protect a cultural site). These tools may be driven by some of the priority Actions you have identied in your LUP that will physically need to be placed somewhere on your land. For example, you may have identied an ecotourism resort as a priority Action, and will need to identify where on your lands is appropriate for an inux of tourists using the resort. Other priority Actions will require that certain areas or resources be protected in order to succeed. For example, if you have identied the need for an elk restoration program, a certain amount of land will need to be protected to ensure sufcient elk habitat. As Figure 6-1 (next page) demonstrates, your priority Actions (or ‘projects’, in this example) can be mapped on the land. Establishing a connection between physical land zones and corresponding laws, regulations and policies is a way to ensure that there is a place on your land for all desired current and future uses, and that each permitted use is clearly dened and working in harmony with uses in surrounding zones.
200OUR SACRED LANDSTEP 6: CREATE TOOLSDIRECTIONSProtect and Teach our Culture and Land-Based Tradi onsBuild Economic Self-RelianceWe honour our Ancestors, Elders and future genera ons by managing our land and growing our economy based on our tradi onal teachings and cultural values.COMMUNITY VISIONPROJECTCultural site inventorySTRATEGYProtect sacred & cultural sitesElk restora on programPROJECT PROJECTEcotourism resort studyExpand our local economySTRATEGYEnsure habitat protec onSTRATEGYHousing Protected cultural area No development Elk restora on Economic development LAND USE PLANLAND USE PLANLAND USE PLANLAND USE PLAN LAND USE PLANFigure 6-1. Example Vision Framework
201INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideMUNICIPAL LAND USE PLANNING TOOLSIn the BC municipal LUP context, there is a standard set of tools available to put your LUP into action guided by the Local Government Act (or the Vancouver Charter for the City of Vancouver). These include: • Ofcial Community Plan (OCP): A visionary document that uses policies (rules) to guide decisions on planning and land use management within the area covered by the plan. OCPs are adopted by bylaw. Once such a plan has been adopted, all future bylaws must be consistent withthe OCP.• Bylaws: Municipalities have the authority through provincial legislation to enact bylaws to regulate various matters affecting their community.• Land Use Zoning: Land use is segregated into different areas for each type of use, such as agricultural, commercial, industrial, recreational, and residential. Zoning also regulates the height, bulk and placement of buildings constructed on parcels of land as well as the allowable density (such as the maximum number of dwelling units per land area or the amount of oor area included in each dwelling unit). • Building Permits: A development control bylaw requiring development proponents to submit a building application and plans for review on a case-by-case basis allows site- specic discretion. The building review process includes a review of a Building Code (national or provincial), and of any land use regulations.• Development Permits: This process, as identied in either a zoning bylaw or a community plan, requires special consideration on any of the following land use issues:1. Form and character for commercial areas, industrial areas, certain types of residential areas, resort areas, energy conservation, water conservation, and reduction of greenhouse gases2. Protection of the natural environment3. Protection of development from hazardous areas (e.g. landslips or ooding)4. Protection of farming (this can include the establishment of a buffer between the various land uses) Note: This is not the same as the development permit process utilized by ISC Canada
202OUR SACRED LANDSTEP 6: CREATE TOOLS• Development Variance Permits: A proponent can seek to develop a project that does not meet the requirements of the existing zoning regulations.• Policies and Guidelines: Land use policy statements and guidelines guide development (e.g. affordable housing policies, heritage policies and guidelines).• Business Regulation: The Local Government Act gives the municipality the authority to regulate business activities, including commercial, industrial, professional, personal or other service businesses. The Community Charter allows the municipality the ability to set up a business license regime which includes not allowing certain types of business activities in the community.• Development Approval Information: As outlined under the Local Government Act, this type of tool helps a municipality understand what the impacts are on the community if the development happens. This report is paid for by the developer and reviewed by the municipality, or if required, a third party paid for by the developer. This type of tool looks at impacts of the following issues:1. Trafc ows and other transportation issues2. The local infrastructure such as the sewer or water lines. (Do they need to be upgraded and if yes how much will that cost, as the developer will need to pay 100% of these costs?)3. Any public facilities4. Any community services such as re or police services5. The natural environmentMUNICIPAL LAND USE PLANNING TOOLS (CONTINUED)
203INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecide• Community Amenity Contributions:The developer voluntarily provides cash to acommunity to help pay for any current or futurecapital costs of the project (e.g. for re hallsand equipment, for the building of a library orperhaps the building of a playground).• Density Bonusing: This is a zoning bylaw whichoffers additional density if the proponentprovides amenities such as affordable housing,special-need housing, public art, etc.• Design Review: Many local governmentsestablish an advisory committee of localprofessionals to review the design ofproposed developments.• Covenants: This is a legal contract that runswith the land and is used to restrict or controldevelopment/use on a parcel of land (e.g. toprotect a public thoroughfare).• Development Cost Charges: Local governmentsmay impose development cost charges onevery person who either obtains approval of asubdivision or obtains a building permit. Thesecharges contribute to the capital cost of new orexpanded local infrastructure including libraries,arenas, roads, sewers and water systems.• Temporary Use Permits (TUP): Instead of tryingto change the land use regulations, a developermay seek permission to set up a certain typeof land use for a specic term. This type of toolis applicable to a First Nation that has a landcode in place and is useful from an economicdevelopment perspective in that it allows forthe applicant to try to set up a business withoutthe potential risk of a lengthy land lease.• Development Approvals Procedures Bylaws:These bylaws outline how rezoning applicationsare processed and how permits get issued.As First Nations build their self-governance systems, many have borrowed from the eld of municipal planning, especially those in an urban context or those seeking to harmonize with a neighbouring municipality. However, given the different jurisdictional, geographic and cultural contexts, many First Nations have used other tools for implementing their LUP that are better suited to their needs.
204OUR SACRED LANDSTEP 6: CREATE TOOLSB. Understanding ZoningZoning land involves dividing up your planning area into smaller units, based on the type of use. For each planning unit or zone identied in your LUP, you can develop a set of laws or regulations of what is permitted or what is not permitted in that area. Zoning your land is a way to:• Manage what activities are permitted, where and how on your land• Ensure there are areas available for different kinds of land uses (e.g. economic development, habitat protection, housing) and that these areas are compatible• Put aside lands for future needs (e.g. new housing, future school, future cultural centre)• Provide rules that help to inform future decisions about what can and cannot happen on your land• Communicate to internal and external interests about land use choices that can be madeCONSIDERATIONS FOR DEVELOPING LAND USE PLANNING TOOLS• Administration: Once the law, regulation or policy is approved for use, make sure there is a person and a system available to accept applications (e.g. ensure there is a Development Permit form that can be lled out, and a fee published for this service).• Enforcement: Any law, regulation or policy you develop will need to be enforced. When developing tools, consider your capacity and resources to implement them. Also consider what rules are needed when dealing with conict where someone doesn’t agree with the law. • Jurisdiction: Your land use governance scenario (see pages 38-41 in Context section for a detailed description of each scenario) will impact your ability to pass laws, policies or regulations.• Change management: Introducing new laws, regulations and policies will mean a new way of doing things. Community members may feel like their individual rights are being threatened by these new tools, which reinforces the importance of ensuring community members have an active role in the process. When change is proposed, ensure all involved are aware of it in advance.• Resources: Developing and implementing new laws, regulations or policies will take time, staff resources and money. You may need to involve external legal support. You will need to ensure understanding and support from staff, leadership and community members which will require extensive engagement and communications.
205INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideLAND ZONING CLASSIFICATIONEstablishing land zones and corresponding laws, regulations and policies associated with areas, ‘zones’ are a way to ensure that there is a place on your land for all of your desired current and future uses that work in harmony.Sema:th First NationLand Use PlanLand Use DesignationsMap 10 0.25 0.50.125 km²SCALE MAP D RAWING INF ORMATION:Sumas F irst Nation , Google E arth Pro, Pr ovince of B ritish Colu mbiaCity of A bbotsfor dMAP CR EATED BY: ECHMAP CH ECKED BY: A KN/MK/AESMAP P ROJECTIO N: NAD 19 83 UTM Zo ne 10NFILE LO CATION: G:\G IS\137987 Sumas La nd Use Pla n\Map 1 - Land Use D esignations -Removed CU .mxdPROJECT: 13-7987STATUS: DRAFTDATE: 10/30/20131:9,49 4Sema:th LandsParcelsCommercialCommercial - Light IndustrialCommercial - ResidentialCommunity UseResidentialOpen Space/RiparianEasement (BC Hydro ROW)T r a n s - C a n a d a H i g h w a yZoning is often expressed by using different colours to identify different LUP zones on a map, and showing each classication of land use zone with a legend. What you name your land zoning classications is up to you. Ideally, the name of the zone provides some direction Figure 6-2. Sema:th First Nation Land Useas to the intended use of that land. For example, a residential zone would be used for housing and a commercial zone for business.See Toolkit Resources at the end of this step for a sample process to create land use zones and guidelines.
206OUR SACRED LANDSTEP 6: CREATE TOOLSSAMPLE LAND ZONING CLASSIFICATIONS• Agriculture• Commercial• Community Use• Contaminated Site• Cultural• Economic Development• Ecosystem Management• Forest ManagementLAND ZONING CLASSIFICATION CONTINUEDFor each land use zone you establish, a short description should be provided of the intended activities in that land use zone. For example: Protected Cultural Zone – The intent of this land use zone is to acknowledge and protect sites that have cultural signicance for uses such as traditional gatherings, ceremonies and education. Economic Zone – The intent of this land use zone is to set enough land for current and future commercial development for proposed uses such a cultural tourism and recreation, retail, wind energy and food harvesting. See sample land use policies in Toolkit Resources at the end of this step for more examples from various LUPs available online.The text box below provides examples of possible land zoning classications.• General• Hazard• Housing or Residential• Industrial• Institutional, Manufacturing, Storage• Multi-Use• Open Space or Natural• Protected Water• Recreation• Sacred Site• Sensitive Area• Traditional Food• Tourism• Utilities
207INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideLAND USE ZONES VS LAND USE DESIGNATION UNDER THE INDIAN ACTWhile a land use zone is a general term to describe dividing land by use and describing intended use of these zones, under the Indian Act (s.37) a land designation refers to a separate specic process. Section 37 only applies to non-Land Code First Nations, as this process allows non-members access to your land under a lease or permit system. A land designation is used by ISC when someone outside of the Nation is seeking an interest in First Nations reserve land. Exclusive use of First Nations reserve land for industrial, commercial or residential purposes can be granted by a lease. Non-exclusive use can be granted by a license or permit. A land designation requires a referendum where the majority of the electors agree with the designation. It also requires a Band Council Resolution.
208OUR SACRED LANDSTEP 6: CREATE TOOLSC. Deciding on Land Use ZonesWhile there are many different ways to decide on land zones, it will likely involve looking at a combination of technical analysis (e.g. your land capacity analysis) and community knowledge and preferences (e.g. information on values and priorities gathered during community mapping). Table 6-1 outlines considerations when deciding on land use zones. TECHNICAL ANALYSISLand Features: What features of the land make certain areas more suitable for certain uses than others? f For example, you might pick the area with the most fertile soil as an agricultural zoneConstraints: What kinds of constraints have the physical features of the land or historical uses of this land created? Both surface and sub-surface issues should be reviewed. f For example, is there contamination on your lands that make it unsuitable for certain uses (e.g. agricultural, habitat protection)? f Drainage and/or oodplain concerns f Identication of any potential hazards (e.g. landslides, avalanche areas, tsunami risk)Feasibility: What features of the land impact the potential for economic or infrastructure development? f For example, you might consider how distance from the road might impact the suitability of an area of your land for a tourism ventureSpecic Needs: Which land uses require specic conditions to succeed? f For example, a sh hatchery will require very specic habitat conditions Traditional Use: How have your ancestors used the land traditionally and what areas need to be protected for their cultural or spiritual signicance? f For example, a Traditional Use and Occupancy Study (TUOS) study might reveal the location of an ancient village site that you would like to protectNatural Boundaries: What natural or man-made features create natural boundaries for your land use zones? f For example, a road, a reserve boundary, a river or a mountain ridge may all provide natural boundaries to distinguish land use zonesTable 6-1. Technical Analysis
209INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideCOMMUNITY KNOWLEDGE AND PREFERENCESWhere on your land are community members currently doing certain activities? f For example, is there an area where many community members are already hunting or shing that is important to protect?Where do community members envision future uses? f Is there an area where many community members have the same vision for land use? What areas do community members consider sacred, culturally or historically important? f Are there certain areas that should be protected? Where do community members perceive the heart of the community to be? f What area is well suited for community amenities? LINKING A COMMUNITY MAPPING PROCESS TO DECIDING ON LAND ZONES A community mapping exercise will give you a sense of how the land was used in the past, how community members are using it now, and how they would like to use it in the future (refer to the community mapping section in Step 4). You may also ask community members to identify zones on their maps and suggest zone boundaries and names. When compiling and analyzing the data from a community mapping exercise, you will want to look for areas where there appears to be consensus or strong agreement on what should happen in that area. These preferences alongside the constraints and opportunities identied during technical analysis will guide you in deciding the zones and zone classications for your lands. In summary, as referenced in the Community Mapping section (page 47) in Step 4 and in Appendix 5, the community mapping process is an opportunity to reect on and analyze past, current and potential future land uses based on knowledge, research and community engagement. Community mapping results can be an important source of information for developing land use zones, guidelines and policies, including guiding development opportunities and options.See Toolkit Resources at the end of this step for a sample process to create land use zones and guidelines.
210OUR SACRED LANDSTEP 6: CREATE TOOLSD. Land Use Laws, Regulations or PoliciesOnce you have established where your land use zones will be throughout your planning area and what they will be called, the next step is to develop the laws, regulations or policies that can be used to describe and enforce what activities are and are not permitted in each of the land use zones. DEFINITIONS OF LAW, REGULATION AND POLICYLand use planning laws, regulations and policies are the tools that help a First Nation move towards a common community vision rather than reacting to events as they unfold. These tools work together to create a good land management system. Let’s look at each one of them in detail:Law: Laws are enacted by government bodies (First Nation, federal, provincial, territorial and municipal). Laws are a set of rules. They describe what can or cannot be done and they must be obeyed by everyone. Laws have a specic enactment procedure and are administered and enforceable through our system of courts. Enforcement ofcers under the land code can issue infraction tickets on any law violation created under the land code. Under the Indian Act, a First Nation may choose to enact bylaws under Section 81. Under a land code, a First Nation may enact a zoning law (and approximately 15 to 20 other related land laws), which dene minimum lot sizes and what uses are allowable on specic lots. The zoning law states what the Certicate of Possession (CP) holders can legally do today on their lot. For example, if the landholder is interested in developing a gas station, the zoning law will state whether or not that use is allowed. Laws are black and white and are not open to interpretation. If the use is not identied in the law, it is not permitted. Changes can be made to the law, with approval from leadership. Example Zoning Law: In the Light Industrial zone, the permitted uses may be: manufacturing, food processing, storage or warehousing, an automobile service station, an ofce or a garden nursery and/or a commercial greenhouse.
211INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideRegulation: Regulation is a legal document that denes in more detail the procedures to be followed to administer a law, which includes what should happen when laws are not followed. Regulations are specic to the laws that they relate to. A regulation can only be developed when the authority to make it is written into the law. Regulations are also black and white and not open to interpretation. They can be easier to change and amend than a law. Following the ‘zoning’ example, a regulation relating to the zoning law might lay out how a CP holder can apply for a permit to develop a gas station. Example Regulation: An application for a development permit shall include two site plans prepared by a British Columbian land surveyor showing the setbacks to the boundary of any lake, swamp, pond or watercourse. Policy: A policy is a less stringent set of rules or strategies set in place to improve standards. They are set in place to achieve certain objectives that are within the law or the LUP. Policies often address an issue more broadly and in more detail than what is written into law. Policies are relatively easy to change or amend and can be open to some interpretation. With the gas station example, following the regulation about how to apply for a development permit, a specic policy might outline the minimum allowable distance from a lake, swamp, pond or watercourse. Example policy: All developments must be setback 15m from a lake, swamp, pond or watercourse.
212OUR SACRED LANDSTEP 6: CREATE TOOLSTable 6-2 provides a simple example of the permitted and non-permitted uses under each sample land use zone along with corresponding policies. LAND USE ZONE PERMITTED USES NON-PERMITTED USES POLICIES Economic Development• Ecotourism• Forestry• Mining• Heavy industrial• All economic development projects in this zone shall be subject to our environmental assessment review process to ensure minimal harm to our lands and waterwaysTraditional Food • Hunting• Harvesting• Forestry• Tourism• We will not authorize any land use that physically disturbs the habitat of the following culturally important species: elk, bear, wolfResidential • Housing• Small commercial• Heavy industrial • All houses must be set back from the street a minimum of 8 feet (2.5 m)Institutional • Education (school)• Care facilities• Community centre• Governance ofce• Housing• Heavy industrial• All institutional buildings should be built with high environmental standards (e.g. LEED certication)Table 6-2. Sample Land Use Zones and Policies
213INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideLANGUAGE AND POLICY WRITINGNotice that some policies use hard language like “must” or “shall” while other policies might use softer language such as “should”. The language you use relates directly to your enforcement capacity. Softer language might be used for policies that are intended to suggest preferred conduct while leaving some exibility for exceptions. Hard language signals that there is enforcement capacity and that there will be consequences for not following the LUP policies. E. PermittingA permitting system involves setting up a process where individuals or organizations submit an application to the First Nation administration to obtain permission to conduct certain activities. Here are some examples of the types of permits that could be used to put your LUP into action.Development permits: Permits are often tied to development. For example, if someone wants to develop something new on your land, they would need to apply for a development permit. A development permit can approve the location, size and use of a parcel of land as long as it conforms with the goals and guidelines set out by the LUP. Development permits might be designed to address environmental concerns, for example to ensure protection of ecosystems by promoting energy conservation, water conservation or the reduction of greenhouse gases. Development permits could also be used to regulate design, to address the form and character of the building or structure and to address landscaping issues.See Toolkit Resources at the end of step for a sample development approvals flowchart and decision-making checklist. Resource use permits: Permits can be tied to resource use. For example, you might ask non-community members to apply for a permit before hunting on your traditional territory.Business permits: If a First Nation has a business licensing policy or law, they might require businesses that want to operate on their lands to apply for a business permit.Building permits: Under a building law, a First Nation may require members who want to build a new building to apply for a building permit to control the standards to which the new building is built.
214OUR SACRED LANDSTEP 6: CREATE TOOLSF. Referrals ProcessThe referral process in BC has developed as a result of court cases such as Haida Nation v British Columbia (2004) which found that the provincial and federal Crown had a legal duty to consult and accommodate First Nations when development activities were being carried out within their traditional territories. Anytime the Crown is making a decision which may impact Aboriginal rights, they must notify a First Nation and request information about any potential impacts of the decision on Aboriginal rights. A referral is a common term used to describe the document from the Crown or a third party which noties the First Nation of a proposal and requests information from the First Nation about any potential impacts of the decision on Aboriginal Rights and Title. First Nations Land Departments face the burden of engaging with many development projects that affect their interests. Organizing, prioritizing, analyzing and responding to referrals effectively is challenging for First Nations with limited staff or resources. Many First Nations have put a referrals policy in place. Some First Nations ask for a referral fee from the Crown or third party to ensure that they have the resources to respond effectively. Some First Nations use referrals software to help manage information and ensure that the Nation has access to quality information and the resources to respond. The LUP is an important tool that presents the needs, interests and rights of the First Nation. The LUP is an expression of the community’s priorities and strategies for the development and protection of their lands and resources. When managing referrals, a LUP can be a helpful tool to: • Identify which referrals are most important to respond to• Assess and evaluate referrals• Send a clear message to industry of the values and priorities of your First NationFigure 6-3 presents a sample referrals process. The criteria used to assess and evaluate referrals during Step 5 should be guided by the Vision, Principles, Directions, Strategies and priority Actions of your LUP. In addition, your LUP may have specic regulations, policies or permitting systems that will need to be addressed by proponents as part of the referral process. See Toolkit Resources at the end of step for a sample Referrals checklist.
215INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideDescriponof projectLocaonContextDate by whichdecision isto bemadeMigaonmeasuresRejeconFurtherinforequiredApprovalwith orwithoutcondionsSampleReferralProcess1.Proponentsubmitsreferral2.Administraveprocessing fee3.Acknowledgement of receipt4.Communityconsultaon5.Preliminaryassessment6.Responseleer7.Noce inwring thatthe processis closedFigure 6-3. Sample Referral Process
216OUR SACRED LANDSTEP 6: CREATE TOOLSTOOLKIT RESOURCES: A. Sample process to create land use zones and guidelinesB. Sample land use policiesC. Sample development approvals owchartD. Referrals checklistE. Decision-making checklistFor more informaon check out: LUP Tools Eric Damian Kelly (2010) Community Planning- An Introduction to the Comprehensive Plan, Second Edition, Island PressUnion of British Columbia Municipalities (2008) Local Government in British Columbia, Fourth Edition. Retrieved at: www.ubcm.ca/assets/Services/Documents/LGBC%20-%20ALL.pdfMichael A. Von Hausen (2013) Dynamic Urban Design: A Handbook for Creating Sustainable Communities WorldwideReferralsEcotrust Canada (2017) Referrals Software an analysis of options. July 31, 2017Kla-soms Kwuth Tooqen: A Toolbox for Responding to Crown Land Referrals, Native Maps, updated May 2012. nativemaps.org/?q=taxonomy/term/186Lower Similkameen Indian Band (2014) Referral Policy. Retrieved at: www.lsib.net/blog/wp-content/uploads/2011/07/Lower-Similkameen-Indian-Band-Referral-Policy2.pdfCentre for Indigenous Environmental Resources (CIER) (2007) Consulting with the Crown: A Guide for First Nations
Your Vision Framework is now supported by a set of LUP tools. Next comes the time to share your LUP story and document the results of your process and plan. This involves identifying the communications needs of your target audiences and choosing appropriate tools that meet those needs. There is an opportunity to document the results of your process and decisions in a user friendly and accessible way and bring your LUP story to life with visuals that reect and respect your culture.In this section, we explore: Document PlanHow do we tell our LUP story?STEP 7A. Understanding communications and documenting resultsB. Structuring the LUPC. Choosing tools for your audiencesD. Cultural framing and metaphorsE. Using visualsF. Mapsdecide217
218OUR SACRED LANDSTEP 7: DOCUMENT RESULTS“ Supporting documents such as zoning and building bylaws will enhance the LUP.” LUP Workshop Participant (2017)“ Data management and governance are the most important issues we face.” LUP Workshop Participant (2016)“ Return information to the community in a culturally relevant, easy to understand way.” LUP Workshop Participant (2016)“ Record your journey/story: video, slides, photos, recordings, documentary.” LUP Workshop Participant (2017)
219INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideAs a communicator, when documenting your LUP, you have an opportunity to consider the characteristics of your target audience—the people you hope will read and use your LUP. There will likely be numerous audiences to consider. Documenting Results: As covered in Step 3, communications throughout your LUP process is an opportunity to build a sense of connection, belonging, trust and unity. It is also an important way to ensure that everyone understands how the LUP was created, what is in the LUP and how the LUP will be put into action. The nal LUP report should be communicated in such a way that everyone understands what was decided and what needs to happen to implement the LUP. A. Understanding Communications and Documenting ResultsCommunications: Communication is dened as the exchange of knowledge. In every communication, there is a sender and receiver of information and a process of interpreting information. A number of factors inuence how knowledge and information is disseminated:• Literacy levels• Educational background• Culture• Relationship with communicator• Past knowledge or experiences• Ability to listen• Learning styles, communicationpreferences• Emotional stateDocumenting the results of your LUP is an important way to: • Tell your story• Assert your Rights and Title• Generate understanding• Exercise your land useplanning authority• Share results broadly• Build excitement about the LUP• Make community members feel liketheir contributions are valued• Build relationships and trust• Help community membersunderstand the LUP• Ensure implementation of the LUP
220OUR SACRED LANDSTEP 7: DOCUMENT RESULTSWhen deciding what your LUP will look like, consider:How you will acknowledge contributions: An acknowledgements section provides an opportunity to publicly honour those who have contributed to the LUP process. You may want to make a special mention of those who have devoted their time to the process. If appropriate for your community, one option is to list the names of all of the community members who have participated in the LUP process.Starting with a summary: If someone was only going to read the rst three pages of your LUP, what would they need to know? Putting a summary in the front of your LUP is one way to make the document more accessible. The summary should express the core of what is in your LUP. Using your LUP Vision Framework to organize the LUP: Your Vision Framework (Vision, Principles, B. Structuring the LUPCommunicating your LUP can take many different forms and formats. You have an opportunity to choose a format that meets your communications needs. Here are some considerations when trying to decide on the structure and format of your LUP: • Who are the audiences? (e.g. industry, government, community members, staff)• What are the communication needs and expectations of the target audience?• What are your goals in creating this document? (e.g. to share technical information, to educate external organizations, to build community buy-in, unity and pride, to help staff)• What is the communications budget?There is a huge variety in the look and feel of LUPs. You may want to ip through some other LUPs before deciding how you want to present yours. PrinciplesVISIONDirecons Direcons DireconsAcons AconsStrategy Strategy Strategy StrategyDirections, Strategies, Actions) is the skeleton of your LUP. Use your Vision Framework in your summary and as a way to organize ndings from your LUP process. Describing your methodology: A methodology describes the steps you took to create the LUP. By reading this section, readers should understand the steps you took and how decisions were
221INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecidemade. Elements to consider include how the planning team was assembled, your engagement and communications strategy, and the overall steps of your LUP process. Summarizing key strengths, issues and opportunities: A Situational Assessment, or a summary of your Situational Assessment should summarize for readers the key strengths, issues and opportunities the LUP responds to.Including your implementation and monitoring and evaluation strategies: The LUP should give readers an indication of how it will be implemented, monitored and evaluated.Navigating the LUP: Consider how readers will navigate the LUP. A table of contents is a standard navigational tool, but you may also use colours or symbols to distinguish sections of your report.Using local symbols and metaphors: Your plan should reect the uniqueness of your community. By using local symbols and metaphors to communicate results, readers can see your community reected in the document. Using photos and quotes: Community members like to see themselves in the plan. One way of doing this is to include lots of photos from your LUP process. Consider appointing a photographer who focuses on taking photos of the LUP process. Another way is to include lots of quotes from community members so that community members can literally see their own words featured in the LUP. Summarizing key ndings and putting analysis in the appendices: One strategy for making a potentially technical LUP more accessible is to feature key ndings and points in the plan, and save more technical details and analysis for an appendices binder (or section at the end of your report). You can refer to the appendices in the main LUP report to direct readers who would like more information. For example, you might include a summary of your community prole and situational assessment in your LUP, but include the full community prole and situational assessment in a separate appendices binder. Using visual tools: Visual tools such as maps, illustrations and pictures help bring the LUP to life. Using diagrams to summarize written content is one way to make your plan more accessible to community members who may prefer visual communication tools over text based tools.See Toolkit Resources at the end of step for sample LUP table of contents.
222OUR SACRED LANDSTEP 7: DOCUMENT RESULTSgrassroots community members, you may create a shorter, accessible summary report. 2. LUP summary brochure: A summary brochure aims to distill the key elements of your LUP in a few pages. A summary brochure is typically a visual summary of what is in the LUP. It can be a helpful communication tool for quickly orienting community members or external organizations to what is in the LUP. 3. LUP poster: Much like the brochure, a summary poster aims to present the key elements of the LUP visually. A poster can be a handy tool for presentations. On the walls of the administration ofce, it can be a helpful tool to remind leadership and staff of the elements of the C. Choosing Tools for your Audiences Your LUP can be more than a written report. A diversity of communication tools could help meet the needs of your different audiences. The following are example communication tools that can help present the results of your LUP process:1. A LUP Report (long and short version): This is the most widely known communication tool. A LUP report presents the results of the planning process (see below for a description of potential elements of a LUP report). One strategy is to create different reports for different audiences. For example, you may have a longer, more technical report aimed at staff, leadership, external organizations and funders. For LUP and show visiting community members that the LUP is being used. 4. Newsletters: Throughout the LUP process you can update community members through LUP newsletters. At the end of the process, the newsletter becomes an important communications tool in telling the story of the LUP process. See Toolkit Resources at the end of step for sample newsletter template. 5. Video: More and more communities are using video as a way to tell their LUP stories. A short video describing the contents of the LUP can be a powerful way to tell your LUP story and reach a broad audience.
223INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecide• Full LUP Report• Community Profile• Situational Assessment• Full Appendices (including raw data)Example Communicaon Tools• Full LUP Report • Community Profile• Situational Assessment• Poster, Video• 4-page Brochure• Regular Newsletters• Video • Poster• Video• Newsletter (translated in local language)AudienceChief and Council, StaffExternal OrganizationsGrassroots Community MembersYouthEldersFigure 7-1 considers which of the above communication tools are appropriate for different potential readers of your LUP. Figure 7-1. Example Communication Tools
224OUR SACRED LANDSTEP 7: DOCUMENT RESULTSD. Cultural Framing and MetaphorsIf strengthening culture is one of the goals of your LUP process, one key opportunity is drawing on cultural stories, symbols or art in the communication tools you use to present your LUP. Some potential cultural elements to consider include: • Does your community have any traditional stories that can be drawn upon?• Do you have any traditional clan or family symbols?• Are there any particular traditional activities that your community is known for? (e.g. shing, weaving, drumming)• Do you have any traditional art forms that could be used to decorate the plan? The following are examples of how First Nations have used culture in the way they presented their planning reports: 1. Use of a cultural metaphor to describe the planning process: The Taku River Tlingit First Nation used the salmon cycle to describe their 5-step planning process for their Physical Development Plan (see Figure 2-3, page 90).2. Illustrate your plan with art from your community or in a way that represents signicant aspects of your culture: Pikangikum First Nation used their clan symbols to mark each section of their health plan (see Figure 7-2 on the next page).3. Use of traditional language throughout the plan to teach and honour traditional language: Taku River Tlingit First Nation used the traditional names of their village sites rather than ISC designated reserve names in their Physical Development Plan (see Figure 7-3 on page 228).
225INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideDiscoveryVisionActionResultsPreparing12345Where are we now?Where are we going?How do we get there?Are we getting results?ReviewListenShareLearnGatherUnderstandImagineExploreConsiderIdentify DiscussDecideAdaptReectCelebrateShareDocumentMeasureWatchActPrioritizeMobilizeOrganizePlanTalkBudgetMeet StrategizeTimelineAssessLaunch DesignFigure 7-2. Planning Process Diagram- Pikangikum First Nation
226OUR SACRED LANDSTEP 7: DOCUMENT RESULTSE. Using Visuals As mentioned earlier, a number of factors will inuence how people interpret information. Communicating information visually is a key way to make your LUP communication products accessible to a wide array of readers. Communicating information visually often requires the support of someone with graphic design skills. If a visual document is important for the audience you are trying to target, you will need to budget for graphic design support. The following are some of the most commonly used visual tools in documenting a LUP.INFOGRAPHICSAn infographic is a visual image used to represent information in a visual way. The above diagram attempts to show visually the following text: “83% of the community lives off-reserve”. TIMELINESTimelines are a specic infographic used to communicate a series of dates. They can be helpful in summarizing history, or to describe the events of the planning process. Five Year Development Plan 2004-2009•Taku Land Use Plan•• Phase 1 r eport• Community survey report• Elder session report• Leadership session report1993200420112016200320082013Speaking from our Hearts, Listening to our Minds, Weaving our Past, Present and Future Wisdom Together through CCPLand is Our Future TRTFN • Framework Agreement between the Taku River Tlingit and the Pr ovince of BC•Together Member SurveyLive Off Reserve83%
227INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecidePHOTOGRAPHYPhotos of your community, your land, and your local animals and plants will help ground your LUP communication tools in place. Photography is also a great opportunity to document the LUP process. Community members will love to see themselves in the plan and see the activities of the process. Photos are also a great way to showcase the beauty of your lands. Consider hiring a community member (maybe a Youth) to take photos for the LUP, or launch a photo contest to encourage members to share their photos of the land. ART Many of our BC First Nations communities are rich in artists. Featuring art from your community is a key way to ground the LUP in your community, feature local artists and ensure that your culture is reected. Source: Homalco First Nation courtesy of Todd Peacey
228OUR SACRED LANDSTEP 7: DOCUMENT RESULTSFigure 7-3. Tiyati X A Jighe Land Use Map
229INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCdecideF. MapsThere are many types of maps used for different purposes. Generally, a map is a picture or plan of an area as seen from above. In your LUP document, maps will play an important role in communicating information about your land. Maps are used:• To share information about what ison your land now or how your landwas used historically• To communicate and raiseawareness on information aboutyour land (e.g. features, geography,statistics)• To dene boundaries• To describe how different parts ofthe land will be managedMaps can be used as a tool to communicate a wide range of types of information about your lands including: 1. Community boundaries ortraditional territories: fFeatures of the land fUse of the land fLand ownership fRoads and trails fLandmark2. Technical information: fHydrology (water and drainage) fTopography fVegetation/wildlife fNatural disaster risks fHistorical events fPlace names fTransportation patterns fStatistics by locationMost often in a LUP, a map is used to show the location of different land use zones. Innovative and visually appealing, maps are a key tool to communicate information to readers. Consider using maps not only to show technical information, but also to use art, colours, and illustrations to bring spatial information to life. Figure 7-3 is a sample from TRTFN’s physical development plan that shows not only land designations but illustrations that represent the community members’ Vision for future development.
230OUR SACRED LANDSTEP 7: DOCUMENT RESULTSTOOLKIT RESOURCES: A. Sample LUP table of contentsB. Sample newsletter templateFor more informaon: INAC (2007) First Nations Communications Toolkit
Our LUP story has been documented. The act of completing the LUP document is a natural place to endorse the LUP and celebrate the accomplishment. It is also a time of transition from planning to action. Now that this round of planning is complete, how to we mark thistransition? In this section, we explore: A. The importance of endorsement and celebrationB. Community review of the LUPC. Teaching the LUPD. Good practices and options for plan endorsementE. Community celebration of LUPEndorse and CelebrateHow do we endorse and celebrate our plan?STEP 8act231
232OUR SACRED LANDSTEP 8: ENDORSE AND CELEBRATE“ LUP is a fantastic tool."LUP Workshop Participant (2016)“ This is my people (the LUP), this is how my people see the land, the way they talk is captured, the plan is what they feel and think." John Ward“ LUP can be fun."LUP Workshop Participant (2017)“ Planning for joy, planning like it’s a party."LUP Workshop Participant (2017)
233INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCactA. The Importance of Endorsement and CelebrationIn Step 8, we ensure that the transition from planning to action is marked in some way. Making this transition noticeable has many benets including: • Signaling the end of the current planning cycle• Fullling the promise to keep community members informed• Building community ownership of the LUP• Showcasing and acknowledging community members’ contributions• Teaching the LUP (what it is, what it can be used for)• Promoting public recognition that this LUP representsthe voice of the community and will guide futuredecision-making• Making planning a ceremony; an opportunityto bring in cultural practices aroundacknowledgement and transition
234OUR SACRED LANDSTEP 8: ENDORSE AND CELEBRATEB. Community Review of the LUPBefore announcing that the LUP is nal, it is important to build in time for a community review process. This is an important step in maintaining a community-driven approach and getting community members to validate their contributions. A community review process means that community members get a chance to see a draft LUP and make any suggestions for changes on the nal plan. Here are a few benets of building in an opportunity for community review: 5 Reects a community-driven approach to planning 5 Honours community members’ contributions and knowledge 5 Creates a chance to validate and verify results 5 Troubleshoots any points of disagreement 5 Builds more community buy-in 5 Contributes to collective self-governanceThere are many ways to conduct a community review process. Here are a few ideas on how to dothis: • Option 1: Circulate the draft LUP electronically or door to door and invite community members to contact the Planning Support Team with any suggestions or edits within a certain review period (e.g. two weeks)• Option 2: Present and explain the draft LUP at a community meeting and then invite community members to submit comments on comment cards• Option 3: Convene a group of community members for a workshop where the LUP is presented and explained and group members discuss possible revisions • Option 4: Host a station-based workshop where community members are invited to review different sections of the LUP at different stations and provide suggestions for revisions
235INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCactC. Teaching the LUPOnce the LUP is nalized, or as part of the review process, an important step is to create opportunities to teach the LUP to community members, staff, leadership and external interests. Teaching the LUP means communicating why the LUP was needed, what is in the LUP, how it was created and how it can be used. This can be accomplished in a number of different ways, for example:• A series of workshops teaching the plan• A large poster board summarizing the main elements ofthe plan• A newsletter that summarizes the content of the plan• A video describing the plan that is circulated online• A series of sessions on community radioThese tools might be customized to the different audiences (e.g. community members, staff, leadership and external interests).
236OUR SACRED LANDSTEP 8: ENDORSE AND CELEBRATESAMPLE DESCRIPTION OF A LUPHere is a sample of a quick overview aimed at teaching the Green River First Nation LUP.What is a LUP?Our LUP is a document that tells the story about the past, present and future state of our lands. Based on a process of coming together as a community to discuss how to use or not use the land in the future, our LUP identies which lands to protect and develop based on our needs, values and priorities.Why a LUP?As we continue our journey towards self-governance, our LUP will be a powerful tool in negotiations with external interests. Our LUP will better position us for economic development opportunities and to better be able to respond strategically to municipal, provincial, federal and industry initiatives. Our LUP will allow us to identify and respond to environmental concerns and ensure that our land is protected and/or developed according to our needs and values. How was our LUP created? Over 150 community members participated in our community-driven LUP process with events on and off-reserve over the last two years. Our vision was to create an inclusive process where informed community members were meaningfully engaged to make wise decisions about our lands and resources. Led by a community-based Planning Team, our process invited community members to share their ideas through art, surveys, storytelling and discussion groups. Community members also helped narrow down ideas through dotmocracy and voting on scenarios. A group of community members reviewed our draft LUP to verify and validate results. How will our LUP be used? Our LUP will guide future decision-making relating to the future of our lands. Our leadership and staff will use the LUP to guide their work. Our LUP will serve to educate external interests of our values and needs and be used in negotiations.
237INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCactD. Good Practices and Options for Plan EndorsementSomething needs to happen to signal the transition from planning to action. The need for a formal process will depend on your context and First Nation. For example, if leadership endorsement is important or required for your community, a formal resolution will be important (see a sample in the Toolkit Resources at the end of this step). If the tone of the process is that this is a community-driven LUP, the need for formal endorsement might be less important. The benets of approving a LUP, whether formally or informally, include:• Acknowledgement: To acknowledge the hard work of community memberswhoworked on the LUP• Support: To obtain increased community support forthe implementation of the LUP• Closure: To give closure to this chapter of theLUP process as the community movesforward to implementing the LUP actions andprojects• Unity: To build community unity as peoplework together to achieve the LUP vision• Action: To signal the start of theimplementation of the LUPSome options for approving and/or endorsing your LUP include: • The Planning Team hosts a feast tocelebrate the completion of the LUP• Leadership writes a letter ofendorsement as a forward to the LUP• Leadership passes a Band Council
238OUR SACRED LANDSTEP 8: ENDORSE AND CELEBRATEE. Community Celebration of LUPA community celebration can bring closure to this step of the LUP process. This step is important because community members will want to see and hear how their input was incorporated into the LUP. The celebration could also serve to mark the end of the review process and acceptance of the LUP. The nature of the community celebration will depend on your community’s preferences, budget, protocols and traditions. Elements to consider include: • Hosting a feast and celebration• Sharing cultural activities or entertainment• Giving a presentation that teaches and explains the LUP• Including large maps of the LUP areas• Preparing a large poster that summarizes the contents of the LUP• Having members of the Planning Team on hand to answer questions and receive feedback• Showcasing the hard work of the Planning Team• Having leadership speak to the importance and purpose of the LUP• Acknowledging specic contributions to the LUP process with prizes, awards or certicates• Having some fun and celebrating the accomplishment of completing the plan• Filming the experience or developing a photo libraryTOOLKIT RESOURCES:A. Sample Band Council Resolution endorsing the LUP
Congratulations! Your process has reached the end of a cycle, you have documented your LUP and have celebrated its completion. Now the hardest part begins, putting your LUP into action. Implementation is about making sure that your LUP comes alive and that you achieve the results and outcomes your community members said they wanted as expressed in your LUP Vision Framework.In this section, we explore: Carry Out PlanHow do we put our plan into action?STEP 9A. Understanding implementationB. Value of implementationC. Implementation success factorsD. Implementation toolsE. Implementation challenges and strategiesF. Step-by-step Implementation Strategyact239
240OUR SACRED LANDSTEP 9: CARRY OUT PLAN“ Turn issues into goals and actions."LUP Workshop Participant (2018)“ Need to carry out LUP in steps – don’t take on too much at once." LUP Workshop Participant (2017)
241INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCactA. Understanding ImplementationImplementation is the process of putting your LUP and related parts into action to meet your LUP Vision. Implementation is a time of transition from planning to action, which means organizing the resources (e.g. people, information, funding, time and tools) needed to carry out the change dened by the Vision Framework. This involves deciding who is going to do what, when and how, and what resources are needed to carry out the activities and priority Actions to realize the Vision for your land use (see Figure 9-1 below).Implementing the LUP may require some changes in how things are done in the departments of your Band ofce. It helps to think of yourself as coordinating a period of transition to do things in a different way. ImplementationChangePrinciplesVISIONDirections Directions DirectionsActions ActionsStrategy Strategy StrategyStrategyFigure 9-1. Implementation and Change
242OUR SACRED LANDSTEP 9: CARRY OUT PLAN• Accountability and Building Trust: Implementation is an opportunity to show community members they are being heard and their ideas are being validated and put into action. • Continued Engagement: Actively using the LUP and sharing information about the LUP keeps community members updated and engaged. • Reducing Cynicism: Chances are this is not the rst time community members have engaged in a process that they believed would lead to change and were disappointed by a lack of action. Keeping the LUP alive, using your LUP and delivering on priority Actions helps reduce this cynicism.• Getting Results: Ensure that desired changes and benets happen as a result of LUP implementation.B. Value of ImplementationEnsuring that the LUP is implemented is important for the following reasons:• Exercise Rights and Title: Your LUP is a way to show your connection to your land since time immemorial. This information can be used to advocate for your right to maintain and protect the resources within your lands.• Good Land Governance: Your LUP is designed to ensure that your community’s needs and values are driving land use decisions. Actively using your LUP to drive decision-making ensures that those needs and values are being honoured. It is an expression of community-driven self-governance. • Fullling Responsibility: Leadership has a responsibility and commitment to ensure that the unied community-driven vision for land use expressed by community members is brought to life. It is part of the promise you make to community members and staff when you ask them to engage in the LUP process and they do their part by contributing.
243INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCactIMPLEMENTATION CONSIDERATIONSWhen considering implementing your LUP, the following list of questions can be discussed to help us answer the question “Are we ready to implement this Action?”• How urgent is this Action? What is itslevel of priority?• What specic skills or knowledge isneeded to pull this Action off?• How many people do we need to pullthis Action off? Who is the right personto pull this off?• How many salaried hours will berequired to implement this Action?What are the project managementcosts? Do we have enough time?• What external resources might we needto implement this Action?• How much will implementing thisAction cost? Is there enough in thebudget to do it this year?• What is the process to implement thisAction?• How long will implementing this Actiontake?• What additional information do weneed before implementing this Action(e.g. a feasibility study, a communitysurvey or a business plan)?• How will we evaluate the effectivenessor results of this Action?• What are the risks in taking this Actionon?
244OUR SACRED LANDSTEP 9: CARRY OUT PLAN• Funding: Is there adequate funding to implement the responsibility and Actions proposed in the LUP?• Clear Roles and Responsibilities: Does everyone understand their roles and responsibilities in implementing the LUP?• Capacity and Resources: Do staff and the Implementation Committee (description on next page) have the capacity, time and resources needed to implement the Actions proposed in the LUP, including more project planning?• Good Project Management: Is someone managing and/or leading the implementation of the LUP? Is this a dedicated position? • Enforcement Capacity: Do you have the resources and jurisdiction to enforce the LUP policies established in the LUP?C. Implementation Success FactorsWhat does effective implementation depend on? Understanding this at the beginning of your LUP process (i.e. during the “Prepare” stage) can help ensure you create the success factors that will support implementation throughout your LUP process. Consider these questions: • Leadership: Does leadership recognize the value of the LUP in guiding decision-making?• Staff Buy-in: Does staff buy in to the value of the LUP and does it guide day-to-day operations?• Shared Understanding: Do community members, staff, directors and leadership have a shared understanding of the implementation process and what needs to happen rst?
245INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCact$Figure 9-2. Implementation ToolsD. Implementation Tools
246OUR SACRED LANDSTEP 9: CARRY OUT PLANE. Implementation Challenges and StrategiesIn a perfect world, your LUP was created with implementation in mind. Even so, implementation is challenging. Table 9-1 summarizes some typical implementation challenges and Strategies with corresponding tools. POTENTIAL CHALLENGE STRATEGY TOOLS1. Not enough communication: Not enough information about the status of implementation, what has been accomplished, what has not, and why 5 Develop a Communications Strategy: commit to providing community members with regular updates on how the LUP is being used, what has been accomplished, and why 5 Communications Strategy2. Lack of coordination: Departments are operating in silos and are failing to coordinate their efforts to implement the LUP 5 Implement the LUP incrementally: start by tackling small Actions to help build the momentum needed to work towards bigger goals 5 Develop work plans for each department in which the LUP is integrated. 5 Have regular interdepartmental meetings to report on LUP progress and celebrate accomplishments 5 Work plans (see a sample implementation work plan in Toolkit Resources at end of this step) 5 Interdepartmental meetingsTable 9-1. Implementation Challenges and Strategies
247INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCactPOTENTIAL CHALLENGE STRATEGY TOOLS3.Lack of accountability:No clarity on wherethe LUP stands oron individual anddepartmental roles inimplementing the LUP 5 Develop work plans for each department with short and long-term goals and corresponding targets 5 Clarify roles and responsibilities by adapting job descriptions to include LUP implementation responsibilities 5 Integrate LUP with other plans by considering how sector plans (e.g. Health Plans or Education Plans) might be updated to align with the LUP 5 Monitor and evaluate progress and communicate results 5 Work plans 5 Job descriptions 5 Monitoring and Evaluation Strategy 5 Communications strategy4. Not enoughcommunity support:There is not enoughcommunity supportand involvement in theimplementation ofthe LUP 5 Maintain continued community engagement. Keep the community involved in implementation, monitoring and evaluation 5 Develop a community-based Implementation Committee and allow its members to contribute their knowledge and skills 5 Implementation Committee5. Lack of funding: Thereis no funding for theActions we want toundertake 5 Develop a Funding Strategy. Raise money, identify funding sources, and establish a proposal writing team 5 Funding Strategy 5 Proposal writing team
248OUR SACRED LANDSTEP 9: CARRY OUT PLANPOTENTIAL CHALLENGE STRATEGY TOOLS6. Lack of knowledge: There is a lack of understanding on how to implement the LUP 5 Seek out the experience of other Nations that have implemented their LUP 5 Teach the LUP through community and staff workshops 5 Workshops7. Doubt and pessimism: Individuals do not believe that things can change, or there is resistance to change 5 Evaluate progress on an ongoing basis 5 Acknowledge and celebrate results 5 Have leadership endorse the LUP 5 Monitoring and Evaluation Strategy8. Leadership disruptions and staff turnover: The LUP gets shelved when new leadership takes power or the key staff involved leave 5 Teach the LUP through community and staff workshops to ensure that more than a few people understand the value and purpose of the LUP 5 Continue community engagement so that community members hold leadership and staff accountable for implementing the LUP 5 Workshops 5 Community engagement events9. Meeting unrealistic community expectations: Community members do not understand the limits of what the LUP can do 5 Teach the LUP through community workshops to ensure that community members understand what is in the LUP and how it can be used 5 Workshops
249INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCact“We have a commitment to engage community on regular basis to determine needs and priorities."Data Governance Workshop Participant (December 2016)
250OUR SACRED LANDSTEP 9: CARRY OUT PLANF. Step-by-Step Implementation StrategyFigure 9-3 serves as a general guide of how to create and deliver an Implementation Strategy. See the Toolkit Resources at the end of this step for a more detailed work plan outlining specic Actions, activities, deliverables, outcomes and roles and responsibilities associated with each of the 11 steps. 1. Hire a LUP implementation coordinator: Identify and secure funding to hire a LUP implementation coordinator or, alternatively, appoint a lead from your existing staff team. This LUP implementation coordinator will oversee the delivery of your Implementation Strategy, including securing funding for implementation.2. Establish an Implementation Committee: Assemble a team of community members and staff who will champion the LUP and who have specic skills needed for implementation success (e.g. project management, fundraising, leadership and communications).3. Create terms of reference for the Implementation Committee: Agree on the group’s mandate, tasks, timeline, roles and responsibilities, organizational structure, meeting schedule and decision-making process.4. Arrange LUP implementation training and/or workshops: Take stock of the current skills of the Implementation Committee and invest in training to address any gaps in skills. Arrange for guest speakers from First Nation communities that have experience with LUP implementation.5. Develop a Communications Strategy: Create a plan as to how and when implementation progress will be communicated with community members. Decide on what tools will be used to communicate results (e.g. newsletters, website, blog and events).6. Review and conrm Action priorities: Review LUP Action priorities; conrm importance, sequencing and timing of Actions.7. Hire or appoint project champions: For each Action priority, hire or appoint project champions.8. Complete additional project planning: Undertake additional project planning and feasibility studies for larger Actions if necessary to ensure due diligence.9. Determine and secure project funding: Build budgets for specic Actions. Hire a proposal writer or form a proposal writing team and create a Fundraising Strategy. Identify internal or external funding sources and submit funding proposals.10. Create work plans, establish roles and responsibilities: Develop a work plan for the Implementation Committee, for project champions and/or for managers of each department. In each work plan, assign roles and responsibilities for each task and dene the specics in job descriptions.11. Implement projects and monitor and evaluate project completion and impacts: Keep track of what Actions are being completed (compliance).Collect information and observations about the impacts of Actions, and evaluate whether the LUP is getting the results the community had hoped for (see Step 10 for more on monitoring and evaluation).
251INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCactST AR T1 2 345678Determine and secure project fundingHire or appoint project champions91110$$Figure 9-3. Steps to Implement Your LUP
252OUR SACRED LANDSTEP 9: CARRY OUT PLANIMPLEMENTATION TIPSThe following is a list of general tips to prepare for implementation of a LUP. 5 Build on your strengths: Start by building on the programs, human resources and funding already in place and working well. 5 Invest in local skills: While there may be a role for external support in getting some Actions off the ground, a long-term Strategy of investing in local capacity will help ensure you have the long-term capacity to implement the LUP. 5 Promote collaboration: Take the time to build trust and a culture of collaboration between departments. 5 Start small: Identify small things you can do right now that can contribute to your overall effort. Quick start projects that can be implemented with existing resources can help build momentum and commitment to the LUP. 5 Evaluate and communicate progress as you go: As you begin to implement your LUP, keep track of what is being accomplished and the impacts of your work and make sure to communicate progress as you go, for example, in a newsletter for community members. 5 Gather the community: Bring the community together to talk about how the LUP is working. 5 Institutionalize the LUP: Ensure buy-in and support from leadership and staff by having them review and endorse the LUP. 5 Share responsibilities: It may seem like there is too much to do! Share roles and responsibilities by creating a work plan and assigning someone to coordinate implementation, such as an implementation coordinator or an Implementation Committee. 5 Create an implementation budget: Cost out all of the Actions associated with implementing the plan, build them into yearly budgets, and develop a Strategy to raise the money needed to deliver these Actions. 5 Phase and sequence Actions: You cannot do everything at once. Ideally your LUP helps prioritize, phase and sequence your Actions so that you can tackle implementation one part at a time. 5 Teach the LUP: You will need to continue the work of teaching community members and staff what the LUP is, why it is important, how to use it, and what the value of implementing the LUP is for the community.
253INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCactTOOLKIT RESOURCES: A. Sample implementationwork plan“A LUP process requires a strong team to move forward.”LUP Workshop Participant (2017)
254OUR SACRED LANDSTEP 9: CARRY OUT PLAN
You have begun implementing your LUP. Now is the time to assess whether or not your LUP is doing what you hoped it would. Are you implementing your LUP in the way you intended? Are you getting the results you want from your stated Vision, Directions, Strategies and Actions and land use Policies? Are you caring for the land in the way you want? This step is about putting a system in place to know whether or not your LUP, and LUP process, are working effectively for your community In this section, we explore: Track ProgressHow do we know we are on track?STEP 10A. Understanding monitoring and evaluation (M&E)B. The value of M&EC. Scales of M&ED. Types of M&EE. Tools to measure: Indicators, baseline data and targetsF. M&E methodsG. Developing a M&E work planH. Communicating resultsI. M&E challenges and strategiesJ. M&E strategy step-by-stepreect255
256OUR SACRED LANDSTEP 10: TRACK PROGRESS“ Indigenous people have been observing, learning and adapting based on observation of the natural world since time immemorial.”James Henderson (Sákéj) Youngblood Aykpaci: Empowering Aboriginal Thought. In Battiste, Marie. Reclaiming Indigenous Voice and Vision, 2000.“ Land use plans can inform and be used as a negotiating tool.” LUP Workshop Participant (2017)“ M&E is applicable to many processes.” LUP Workshop Participant (2017)“ Land use planning is always evolving and a living document.” LUP Workshop Participant (2017)
257INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectexperience, sharing observations and listening to their Elders. These traditions have an important role to play in tracking the impact of your LUP. Knowing what impact your LUP and all of its parts are having on strengthening your overall land governance system is important to your planning investment. For example, you might want to know if and how your LUP is being used, if it is easier to make decisions about the land because of the LUP, or if the LUP is succeeding at protecting salmon habitat, etc.M&E is:• Deciding what success looks like• Choosing what is important toobserve and what to measure• Collecting information on impactsand outcomes• Making observations• Thinking and learning• Making decisions and adaptingActions based on those observationsM&E is a process that tracks the results A. Understanding Monitoring and Evaluation (M&E)Monitoring and evaluation (M&E) is something that most people do regularly in their everyday lives. Indigenous communities have long traditions of observation and learning by experience on the land. A good M&E system builds on the practices already working in your community such as your existing understanding and observations of what is happening on your land. As shown in Figure C-2 First Nations Way of Life (on page 30), ancestors observed a web of relationships between humans, animals, plants, natural forces, spirits and land forms. From these observations and Traditional Knowledge, they made decisions about where to live, when to move, which plants to harvest and when to hunt. With each generation, people have made observations, compared their experiences with what they have been told by their Elders, made conclusions and exchanged their ndings with others. In a modern context, Indigenous communities continue to learn through
258OUR SACRED LANDSTEP 10: TRACK PROGRESSof decisions. Monitoring is the rst stage of an M&E process. In this stage, you:• Decide what you are going tomonitor (e.g. health ofour river)• Decide the indicator you will use(e.g. salmon population)• Collect information(e.g. number of salmon)• Determine an evaluation method(e.g. salmon count by a sheriestechnician)• Record and store the information(e.g. in an Excel table)Evaluation is the second stage. During evaluation, you review all the information collected during the monitoring process to decide if you are getting the results and outcomes you wanted from a decision or Action you identied in your LUP. For example, if you started a salmon restoration program, you might evaluate whether or not it is succeeding at improving the health of the salmon population. Figure 10-1. Benets of M&E
259INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreect• Strengthen data governance:Gaining and controllinginformation and knowledgestrengthens decision-making,demonstrates community self-governance and builds datasovereignty.• Fuel empowerment: Takingback control with M&E increasesself-determination in decision-making and a sense of responsibilityfor and pride in the community.• Understand and learn: M&E enablesyou to learn what is working welland what is not, because you aretracking progress in an ongoing way.This helps your First Nation useresources wisely, change your LUPas needed and make better decisionsincluding budgeting.• Maintain engagement: M&Eprovides an opportunity to keepcommunity members involved in andinformed on the planning process/cycle.B. The Value of M&EMONITORING: Collecting information, tracking resultsEVALUATION: Using those results to make some conclusions and decisions about what is working and what needs to be changedMany see M&E as nothing more than a requirement of external funders. But what if M&E was driven by the First Nation to serve its own needs? There is an opportunity to take back control of M&E to ensure your First Nation is learning and beneting based on what is most important to your community. A First Nation that promotes a culture of M&E is committed to collecting and using the information and understanding gained through evaluation to make strong decisions and document or celebrate change. DefinitionIt takes effort and commitment to track how well your LUP is working or not working, but it is worth doing. Here are some benets, as illustrated in Figure 10-1:• Fulll Vision: M&E lets you knowif you are meeting your Directionsand Strategies through the Actionsyou have prioritized.• Build motivation: The process ofreecting on results motivates thecommunity to continue planning,learning and adjusting. Communitymembers feel heard and validatedwhich builds ownership of the plan.• Increase accountability: Sharinginformation helps other membersof your team and your communitybetter understand and developtrust in what your governmentis doing and the decisions beingmade. It allows you to show theresults you are getting and own theresponsibility.• Keep the plan alive: M&E ensuresthat the LUP remains a livingdocument with a process for adaptingit when needed.
260OUR SACRED LANDSTEP 10: TRACK PROGRESSC. Scales of M&EThere are many different ways to monitor or evaluate the LUP. Tracking how, when, and why the LUP is being used is one simple way to get started.Another way to evaluate the LUP is to go back to the Vision Framework (Figure 10-2). It is possible to monitor and evaluate your LUP at each of the levels/scales of your Vision Framework (e.g. Vision, Principles, Directions, Strategies and Actions). At what level you decide to undertake M&E depends on where you decide to focus your time and resources. In deciding where to focus, consider what appears to be impacting change the most (e.g. your Directions, Vision, or Actions?). Table 10-1 helps to demonstrate what M&E at different levels might look like.Figure 10-2. Vision Framework
261INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectVISION FRAMEWORK LEVELEXAMPLE SAMPLE EVALUATIVE QUESTIONSVision “We will continue to manage all Heiltsuk seas, lands and resources according to customary laws, Traditional Knowledge and nú.ym´. (oral tradition)” (Heiltsuk First Nation)In the last year, how many of our land use decisions were guided by our customary laws, Traditional Knowledge and oral traditions? Principles “Care of the land - focus on what to leave and then what to take” (Haida Gwaii LUP)Are our land use decisions reecting our Principle to care for the land?Directions “Promote and support healthy, strong families” (Sumas First Nation LUP)How are our families getting stronger? In what ways?Strategies “Provide a structure for sound and consistent land use decision-making” (Sumas First Nation LUP)Is our land use decision-making process sound and consistent?Action Fish hatchery Have we built the sh hatchery? What is the impact of the sh hatchery? Policy No development 30m from the stream Is there any development 30m from the stream? Is the quality of water improving? Table 10-1. Sample Evaluative Questions by Vision Framework
262OUR SACRED LANDSTEP 10: TRACK PROGRESSD. Types of M&EACTION RESPONSIBILITY COMPLETED? YES OR NOWHY OR WHY NOT? DATE NOTESHire environmental protection ofcerManager of Lands and ResourcesPartial Have not found suitable candidate but have started the hiring processOctober 20175 candidates have been interviewed to dateConduct annual sh countsFisheries TechnicianYes Fish were counted this fall and planned for next fallOctober 2017COMPLIANCE MONITORING: Tracking if we are doing what we set out to do, when and howIMPACT MONITORING: Tracking the impact of what we are doing or completedCompliance monitoring is the process of tracking if you are doing what you said you would do (e.g. tracking how many of your Actions have been completed over time). You may have identied, for example, in your LUP ve priority Actions to implement over the next ve years. Compliance monitoring allows you to track if those ve Actions have been implemented within that timeframe. Communities undertake compliance monitoring to: • Help manage the implementation of the LUP• Stay accountable to what was committed to in the LUP• Keep track of what is being accomplished• Report back to the community on the progress made on the LUP• Adjust implementation of the LUP as neededIn the example captured in Table 10-2, you can see that compliance monitoring involves checking to see if an Action is completed, why or why not, when it was completed and noting any other observations (see the Toolkit Resources at the end of this step for an example of a more complete compliance monitoring tool). Tracking can be organized in a simple table as follows: DefinitionTable 10-2. Sample Compliance Monitoring Tool
263INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectImpact monitoring and evaluation is the process of tracking the impacts or results of what you are doing. An impact is the big picture effects of our Actions. See below for an example. E. Tools to Measure: Indicators, BaselineData and TargetsLet’s say you have decided to use your Directions as the scale at which you would like to monitor and evaluate. Now what? Many Directions are quite broad and describe complex things. For example, how would you measure the following sample LUP Directions: • Protect and Teach our Culture• Build Unity and Collaboration• Expand Care for our Lands and WaterAn indicator is one tool that can be used to measure the impact of your LUP Actions/efforts on these example Directions. An indicator is a measure of how something is changing, which helps us understand if something on the INDICATOR: A measure to show how something is changing—whether something is getting better or worseDefinitionFigure 10-3. Sample Impact Monitoring and Evaluation Process
264OUR SACRED LANDSTEP 10: TRACK PROGRESSland or in the community is getting better or worse. The hope is that your Actions are improving some aspect of your land in a good way. Back to our earlier example about the ‘Back to the Land Program’ where we are trying to measure the impact of the program on Youth. We have added to our earlier diagram two specic indicators (e.g. number of Youth who indicate getting out on the land, number of Youth who indicate pride in their culture) and a method with which to collect information (Youth survey).For example, when using your Directions to evaluate your LUP, you can pick Figure 10-4. Sample Impact Monitoring and Evaluation Process with Indicators and Data Collection Method
265INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreecta number of indicators for each Direction to help you answer the question “Are we achieving this Direction?” (compliance) or “How are our Actions fullling this Direction” (impact)?Table 10-3 shows four sample LUP Directions and some sample indicators that could be used to measure progress on each of them. For each indicator, an example unit of measurement is proposed.Note that the indicators provided in Table 10-3 are quantitative and therefore employ quantitative units of measurement. When measuring qualitative indicators (e.g. Youth satisfaction with participation in the economy), you could use a satisfaction scale (e.g. Youth identify high, medium or low levels of satisfaction).DIRECTION INDICATOR UNIT OF MEASUREMENTProtect and Teach our Culture and Land-Based TraditionsThe level of change in traditional uses of land# of traditional uses of land reported by members over a seasonKnowledge level of harvesting and preserving traditional medicines# of traditional medicines programs offered through local collegeYouth involvement in cultural camp # of Youth attending the cultural campHealth of the caribou population # of caribou observed each fallMaintain and Protect Natural ResourcesKnowledge level of traditional food sources# of traditional food sources that can be identied by community membersLevels of contamination in the river Milligrams per liter (mg/l) of pollutants in river (i.e. water pollutant concentration)Build Economic Self-RelianceLevel of small business activity # of small businessesYouth participation in the economy # of work placement opportunities for YouthLevel of social assistance support # of members on social assistanceStrengthen our Land GovernanceEffectiveness of our land use plan and governance system# of times LUP is used in dealing with referralsLevel of external encroachment # of instances of poachingLand management capacity # of land ofcers trainedTable 10-3. Sample Indicators by Direction
266OUR SACRED LANDSTEP 10: TRACK PROGRESSTIPS FOR PICKING INDICATORSAs Table 10-3 demonstrates, there are many different indicators that can be used to measure impact on Directions. The indicators you decide to use may depend on a number of factors. Here are some general tips on how to pick which indicators to use in your M&E system.understand if new fencing is helping prevent cattle from contaminating the river. Measuring E.coli levels in the water will require a technical analysis that may involve outside resources. This will be more expensive than conducting a count of how many cattle are outside of the new fencing. 5 Consider what combination of indicators will tell you the full story: Indicators only ever tell you one piece of a story, and ideally you are collecting information from a number of different indicators to better understand what is happening. Using the cattle example, knowing E.coli levels and how many cows are outside of the fence is more helpful than only knowing one of those things. Maybe E.coli levels are not being caused by the cattle but something else, so knowing only E.coli levels will not tell the full story. Or say you are trying to understand if people are getting out on the land more than before. To understand this, you could combine a few indicators, such as you may: 1) count how many people are attending hunting workshops; 2) track how many people are using the trails in your territory; and 3) ask people to rate their knowledge of the land on a scale of 1-5. 5 Start with indicators you are already measuring: What kind of information is your community already tracking? Every new indicator requires a system of who collects it, how, and where the information is stored. If there is information your community is already collecting that relates to the Direction you are trying to evaluate, start there. For example, if you are already counting the number of caribou sightings, it will be easier to use this information than to start collecting information on another species. 5 Consider human resources involved in measuring indicators: Some things are easier to track than others. Some animals are very difcult to count (e.g. wolverines are hard to spot!). Some measurements require technical skills, such as water quality monitoring. Counting things (e.g. people, animals or contamination levels) is sometimes easier than assessing something like community knowledge or attitudes which will require a specic survey or interview tool where open-ended responses need to be analyzed. 5 Consider the cost of measuring the indicator: Some indicators will be more expensive to measure than others. You may want to
267INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectBASELINE DATA AND TARGETSTo understand whether or not you are achieving your Direction to “Honour and teach our culture and traditions”, you might track the number of Youth attending cultural camp. The number of Youth attending becomes one of many possible indicators that you could use to track progress on this Direction. Baseline data is a measure of how things are now, to allow you to compare how things are in the future. When tracking information on indicators, it is helpful to have baseline data and a target. If you do not know where you started from, it is hard to know how far you have come. Having a target gives you a goal to try to reach. Some of your baseline information may have already been collected as part of your planning process (e.g. in your community prole) or as part of your lands capacity and constraints analysis. Other baseline information will not exist and you will need to start a new system of collecting it. For example, you might want to know how many Youth are currently participating in the yearly culture camp. First you will need to know how many Youth are attending this year. Then you will need to set a target of how many Youth you aim to have participate ve years from now. In ve years, you can compare the actual number of Youth who attend with your target and see how close you have come to reaching it. You may have a series of targets that get higher with time. This is called an impact monitoring tool (see Table Figure 10-24 on the next page 260 for an example). BASELINE DATA: A measure of the current situation to allow us to compare future resultsTARGET: An expression of the desired change we would like to see within a specic period of time Definition
268OUR SACRED LANDSTEP 10: TRACK PROGRESSINDICATOR BASELINE DATA 2017TARGET 2022ACTUAL 2022TARGET 2027ACTUAL 2027Number of Youth participating in yearly culture camp10 20 30Number of salmon in Blue River each fall200 250 300Table 10-4 shows that the number of Youth participating in the cultural camp will be measured rst in 2022 and again in 2027. The target grows from 20 in 2022 to 30 in 2027. A table like this can make monitoring easier to do. See Toolkit Resources at the end of this step for a more complete sample of an impact monitoring tool.Table 10-4. Impact Monitoring Tool
269INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectF. M&E MethodsAs well as measuring progress by tracking indicators against baseline data and targets, you may also use some complementary tools that rely more on oral sharing and storytelling to help increase the depth of your understanding. A lot of great work has been done to develop responsive, relationship-based monitoring and evaluation methods. Some of these have been developed specically by Indigenous researchers to better meet the needs of Indigenous communities. Here is a brief introduction to four evaluation methods or tools that are good at collecting more comprehensive information. See the Toolkit Resources at the end of this step for sample templates for some of these methods.4. PARTICIPATORY EVALUATIONParticipatory evaluation describes an approach to M&E where community members are actively involved in the M&E process, not just the lands department or leadership. This could be in the design of the M&E system (e.g. picking indicators for the LUP), in M&E information gathering (e.g. conducting surveys), or in the analysis of information (e.g. summarizing results). 1. MEDICINE WHEEL EVALUATION METHODThe medicine wheel framework uses the quadrant of mental, physical, emotional and spiritual to structure evaluation questions in an attempt to deepen understanding of the outcomes of the LUP through storytelling.2. MOST SIGNIFICANT CHANGEThe most signicant change process involves collecting stories from community members about how the LUP has impacted them. Next, an analysis of the themes noted in the stories is done by a panel of community members.3. OUTCOME MAPPINGOutcome mapping is a process of keeping track of activities, Actions and relationships by journaling outcomes of the LUP and considering what is changing, why and lessons learned.
270OUR SACRED LANDSTEP 10: TRACK PROGRESSTHE IMPORTANCE OF OBSERVATIONAn indicator can measure change with numbers, for example, how many Youth culture camps are held. It can also measure personal observations, feelings or thoughts, for example, how Youth describe their relationship to the land. Feelings, thoughts and attitudes can sometimes be turned into numbers, for example, by asking Youth to tell you “How would you rate your knowledge of the land on a scale of 1-5, 1 being poor and 5 being excellent”. However, not all types of information needs to be turned into numbers to be important. For example, you may learn a lot about how Elders perceive the change in how your community is taking care of the land by listening carefully to their stories. A strong M&E system will rely on both information that can be expressed with numbers, and observations, feelings, thoughts and attitudes that are better expressed with words. While indicators are helpful to understand specic changes in your community, they are also limited. Indicators remind us what to look for, but they cannot give us a complete picture of how well the plan is working. We must also observe and listen to what is going on around us in the community. Using the Youth culture camp example, you might notice by tracking attendance rates at the culture camp that more Youth are participating and conclude that you are succeeding in the Direction to “honour and teach our culture and traditions”. However, you might then also talk to a few of the Youth participating and learn that the Youth do not feel like they have learned much about their land, culture and traditions. Tracking attendance on its own does not tell us anything about the quality of the program. It is only in combining this information with information on Youth’s lived experience with the program that you can begin to speak to the effectiveness of the culture camp in meeting your Direction. When you design indicators, you pick indicators and measurement tools that you think will give you a complete picture. In practice, you also observe what is going on to be able to tell the whole story. This may lead you to adapt your indicators or pick new ones, or complement the information you are gathering from indicators with anecdotes, stories and descriptions of what is happening based on people’s lived experience.
271INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreect
272OUR SACRED LANDSTEP 10: TRACK PROGRESSSTORY 10: COMMUNITY STORYLower Similkameen Indian Band (LSIB) has completed a LUP. As part of the LUP, they developed a set of indicators to track and measure the success of their LUP. However, the M&E system they developed was not taken up by staff. As a result, LSIB’s Planning Team, under the lead of Trudy Peterson, decided to dedicate more attention to the process of developing a M&E system. As part of the LUP process, they involved community members and staff in a station-based event where community members were asked to share their thoughts on the following: Station 1: What can be learned from our ancestors, Elders and cultural advisors about results - doing and measuring? How did we historically accomplish things and how did we track and assess our efforts? Are there cultural terms and teachings that helped us adapt our ways, decisions and actions? Station 2: Communicating Success through Art: Draw us a scene that captures what is different or what has changed. What tells you that change has taken place? Station 3: How do we keep our plan alive and working successfully? Station 4: What might get in the way of implementing our plan? What is a Strategy to meet this challenge? Station 5: What is monitoring? What is evaluation? Why should we monitor and evaluate? Station 6: Brainstorm indicators for each of our plan’s Directions. Vote on your favourite ones.Station 7: What information would be helpful to have in measuring and evaluating the impacts of our plan? The content from this community event made up the bulk of LSIB’s M&E Strategy. Specically, the results of the ranking of indicators exercise were used to narrow down the list of potential indicators to use.By involving the community in this conversation, the Planning Team:• Grounded their M&E Strategy in their culture and teachings• Drew on community members’ wisdom on what changes would indicate a successful plan and what indicators would best demonstrate success by Direction• Built a shared understanding of the meaning and value of M&E for LSIB • Involved community members in trouble shooting potential implementation and M&E challenges• Created awareness on information needs for M&E• Built a sense of shared responsibility between community members and staff to undertake M&E
273INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectOnce a set of indicators has been established, the next step is to decide what, how, who, where and when information on that indicator will be gathered and stored. See the Toolkit Resources at the end of this step for a sample M&E work plan (Table 10-5 below lists some examples).An M&E work plan describes what information is needed to measure each indicator. It then sets out how that information is going to be gathered DIRECTION INDICATOR UNIT OF MEASUREMENTINFORMATION GATHERING METHODWHO? WHERE WILL INFORMATION BE STORED?WHEN?HONOUR AND TEACH OUR CULTURELevel of change in traditional uses of land# of traditional land use activities taking place over a seasonSurvey asking members to report on traditional land use activitiesLands ManagerLands Department Records (word le survey report)YearlyMAINTAIN AND PROTECT OUR NATURAL RESOURCESLevel of mine contaminants detected in the riverMg/L of pollutants found in water each monthWater quality tests Lands OfcerLands Department Database (excel sheet)MonthlyMAINTAIN AND PROTECT OUR NATURAL RESOURCESFish population in Blue River# of sh counted in Blue River every fallFish count Fisheries TechnicianFisheries Department Database (excel sheet)Yearly(method), by who, where information will be stored and when information will be collected. The information gathering and analysis methods you choose will depend on the resources you have available. Different information gathering methods (e.g. surveys, technical testing and interviews) and forms of data analysis (e.g. closed-ended and open-ended surveys) require different resources, time and expertise G. Developing a M&E Work Planto complete. For example, open-ended surveys are easier to analyze than closed-ended surveys, and technical testing may be expensive, often requiring a trained technician.M&E WORK PLAN: The indicators and targets selected to guide monitoring, data collection and evaluationDefinitionTable 10-5. Example M&E Work Plan
274OUR SACRED LANDSTEP 10: TRACK PROGRESSH. Communicating ResultsIt is important to think about when and how you will share the results of your M&E efforts. A M&E Communications Strategy will ensure that community members are kept up-to-date on the results of your compliance monitoring (what is getting done) and your impact monitoring (the impacts of what you are getting done). See Table 10-6 for a sample of a yearly indicator reporting tool. Communicating results will help: • Maintain ownership and excitement about the LUP• Build trust that the LUP is being put into action• Demonstrate understanding of results and impacts• Inform community members of lessons learned• Prepare community members for eventual revisions of the LUP based on these results• Identify reasons for celebration!Here are some opportunities and tools to share M&E results: INDICATORBASELINE DATA 2017TARGET 2018ACTUAL 2018TARGET 2019ACTUAL 2019TARGET 2020ACTUAL 2020TARGET 2021ACTUAL 2021TARGET 2022ACTUAL 2022# of park permits issued8 9 8 10 10 11 10 12 13 15 16Table 10-6. Sample Yearly Indicator Reporting ToolCompliance Monitoring Report Cards: A simple LUP Report Card that lists all of the Actions of your LUP and the status of each of those Actions can be a great communication tool to help show community members progress on your LUP Actions.Specic Good News Stories: On an as-needed basis, share stories of success! Perhaps you have a record year for the number of tourists who visit your visitor’s centre, or you receive some more funding for your conservation program. Seize every opportunity to share these successes as part of a newsletter, through social media, as a website post or as an email blast to all members. A+
275INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectImpact Monitoring Indicators Tracking Tool: Showing community members indicators, accompanied with baseline data, targets and actual data is a powerful way to show specic results on your LUP indicators year after year. Evaluation : Once every year or two, consider sharing an evaluation of all of the compliance and impact monitoring data gathered. Based on your results, make a series of recommendations about what is working, what is not working, what should stay the same and what should be changed. You can produce a short version of this report and it’s recommendations to share with community members. If resources allow, consider producing a short video on your experience with M&E. This would be a great contribution not only for your community but for other First Nations taking steps towards land use planning. COMMUNICATIONS SCHEDULECreating a schedule for communicating results is important. This helps to get information ready, and lets the community know when to expect updates. Some organizations do this every quarter (e.g. 3-month period), twice a year, or in an annual report. When you set up your schedule, consider what will be achievable and what will t best with your community. There may be times when you also want to share some great news when it is fresh and recent! See Table 10-7 for a sample communications scheduling table. COMPLIANCE MONITORINGIMPACT MONITORINGMEETING TO DISCUSS ONGOING OBSERVATIONMonthlyX XYearlyXEvery 5 YearsXAs neededXTable 10-7. Scheduling M&E Communications
276OUR SACRED LANDSTEP 10: TRACK PROGRESSFor example, imagine you are one year in to implementing your LUP. Throughout the year, you have sent out email blasts when key Actions were completed, such as the installation of new signage and the completion of the community smokehouse. Once a month, you have sent out a newsletter with a report card showing progress on the LUP’s priority Actions. Now, after a year of M&E, you are preparing an evaluation report that will present progress on the indicators you have been tracking against your baseline data and targets. You will also make some overall observations and recommendations as to what is working well and what needs to be improved. New decisions or changes to the LUP may be required. This evaluation report could be circulated electronically and summary results announced in a newsletter. For each of the types of M&E results identied above, your Communications Strategy should identify a specic communication tool and time interval. See Table 10-8 for a sample Communications Strategy schedule. TYPE OF RESULTCOMMUNICATION TOOLWHEN?AS NEEDEDEVERY MONTHEVERY YEAREVERY 5 YEARSSpecic good news storiesWebsite postNewsletterEmail BlastCompliance MonitoringLUP Report Card in NewsletterImpact MonitoringIndicator Tracking Tool ResultsEvaluation Evaluation ReportPlan RevisionLUP ReviewTable 10-8. Communications Strategy Schedule
277INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreect
278OUR SACRED LANDSTEP 10: TRACK PROGRESSI. M&E Challenges and StrategiesThere is often resistance to M&E. There is often too much work to do and not enough time, capacity or resources. M&E can seem complex and requires commitment. Yet it is crucial to the success of your implementation. Figure 10-5 illustrates some common challenges and suggested srategies.Honour what you already know based on your Monitor data that is simple to collectChallenge:capacity, tools o r training to conduct monitoring Build M&EChallenge:other agencies or departments Develop a M&E framework Collaborate with other agencies to Challenge:Indicators and tracking tools are are expensive understand and useFigure 10-5. M&E Challenges & Strategies
279INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreect“ You need to make sure you have some kind of data so that you can say: this is how we are progressing on this policy and this goal. So you test each policy drafted with the questions: Is this measurable? Do we have data to measure? If not, either rewrite the policy or create a different policy. You need metrics and targets to report back to the community. Use the KISS principle – keep it super simple. If it’s simple it will be more widely used.”Jason Locke, Community Planning and Sustainability Manager, City of KamloopsChallenge:Trying to understand and monito r into one indicator (e.g. How do Cultural knowledge? Well-being?) Observe and listen to community membersMake community members aware of the policyon how data will be collected and usedChallenge:Addressing concerns around Observe and listen to community membersChallenge:results from the LUP you did not indicators Reframe M&E as a community-driven exercise in learning and controlling your own Challenge:
280OUR SACRED LANDSTEP 10: TRACK PROGRESSJ. M&E Strategy Step-by-StepOne of the ways to mitigate the potential challenges with M&E is to develop a M&E Strategy. Figure 10-66 offers a set of eight steps to create a M&E Strategy.TO RFigure 10-6. Steps to Complete a M&E Strategy
281INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectbe tracked• Pick a set of indicators to start with based on your current resources• Consider what information you are already collectingStep 4: Make a plan for gathering information on each indicator• For each indicator, work out what information you need, how you will collect that information, who will collect it and when that information will be collected• In working through these details, you might discover that some indicators are too difcult or costly to track and decide to pick other ones instead• Finalize which indicators you will start withStep 5: Identify baseline data and set targets for each indicator• For each indicator, check on whether baseline data exists or whether it needs to be collected• Decide how to collect the baseline data that is missing• Let go of any indicators for which baseline data is too hard to collect• Collect baseline data• Based on the baseline, set targets for dened time periods (e.g. every year, ve years or ten years)Step 6: Gather data• During the monitoring stage of a M&E process, you collect information, record it and store it. These actions ensure that the information you need to complete an evaluation is available when you need it• During this stage, consider the following questions: • How will data be recorded?• Where will data be stored? • Who will have access to the data? • How will it be communicated? Step 7: Analyze and evaluate dataStep 1: Agree on why M&E is important• Decide internally if you want to invest time and resources for M&E• Consider hosting a community event to explore: “What does M&E mean to you? How did your ancestors do M&E? What is the value of M&E?”Step 2: Agree at what level of your LUP you will evaluate• Decide what you want to monitor and evaluate specically. Do you simply want to know if your LUP is getting used? Do you want to focus in on the impact of a specic Action? Do you want to evaluate progress on your Strategy of improving response time to referrals and measure that? Or do you want to track progress on your LUP’s Directions, Principles or Goals?• There is no right answer to these questions because it is your LUP. You can pick what is most important to measure for your purposes. Step 3: Decide on the indicators that will
282OUR SACRED LANDSTEP 10: TRACK PROGRESS• During evaluation, review all of the data you have collected in the monitoring phase to understand it• You can use the following questions as a guide when you consider data: • What is working well?• What is not working? • What needs to be changed?• What needs to stay the same?• What needs to be celebrated?Step 8: Communicate results• Sharing the results of M&E keeps the conversation alive between community members, staff and leadership• This is an opportunity to report on progress and celebrate results• If you are considering changes to the LUP based on ndings from the evaluation, this is an opportunity to communicate those ndings and get the community involved in a discussion about those changes• Ultimately, communicating results, continuing the conversation with the community and adapting the LUP to reect changes needed are the ingredients needed to keep the LUP alive!
283INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreect
284OUR SACRED LANDSTEP 10: TRACK PROGRESSSTORY 11: AN EVALUATION STORYThe following ctional story is about Green River First Nation’s LUP M&E system. The intent is to demonstrate the 8 steps described in Figure 10-6 with a tangible story. The Green River First Nation completed a LUP and then began thinking about how they would effectively track its progress. After a series of conversations around this topic, the LUP Planning Team hosted a community event in which the value of M&E was explored and discussed with community members. Driven by a mandate established by the community that M&E was important, the Lands and Fisheries Department staff had a number of meetings where they discussed the time and resources it would take to monitor and evaluate the plan and ultimately decided to invest the time necessary to get a LUP M&E system off the ground. Based on these discussions, the staff decided to start by building their M&E system with a few key indicators to track progress on one of their LUP Directions “Maintain and Protect our Natural Resources”. They began by identifying indicators for which they were already collecting information, such as water contamination levels and the number of hours spent on river remediation and habitat protection. They then considered what new indicators would do the best job of telling them if they were succeeding at maintaining and protecting natural resources. They decided that salmon were an important indicator species for their First Nation as their return to Green River each fall required a healthy, local habitat. Green River First Nation did not have reliable data on the number of salmon returning to Green River.
285INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectNext, the staff had to decide how they were going to collect that information, who was going to collect it, and when. Based on current research, they concluded that there were two ways to count salmon: visually or with underwater sonar. They decided to count visually as it did not require additional equipment. Within the Lands and Fisheries Department, there was a sheries technician who was able to get training on how to count salmon visually. It was decided that the technician would rst conduct a visual count of salmon every fall, recording the ndings on a worksheet to bring out in the eld. Next, the eld data would be transfered and recorded into an excel sheet saved on a computer in the Lands and Fisheries Department ofce. Because there was no baseline data on salmon counts, the technician’s rst count provided the Lands and Fisheries Department with a baseline which they could compare to future years. In this case, 200 salmon were counted in the rst measurement. Based on this baseline data, the staff decided on some targets with the hope that the habitat restoration work and river remediation projects being undertaken would result in an increase in returning salmon. They set a target for a 25% increase in the number of salmon in ve years (250 salmon) and a 50% increase in ten years (300 salmon). The Nation decided to complete yearly sh counts that were added to both the Green River excel database and the annual report. They also decided to complete an evaluation every ve years, based on monitoring data. The sh count data was compared to the targets and analyzed for trends (is the number going up, down or uctuating). Based on this information, the Lands and
286OUR SACRED LANDSTEP 10: TRACK PROGRESSFisheries Department made conclusions about whether the sh habitat and river restoration projects were successful in increasing the number of salmon that returned to Green River. The salmon data was also compared to other indicators being tracked, such as water contamination levels and the number of hours spent on river remediation and habitat protection. Based on an understanding of the performance of all three of these indicators, the Lands and Fisheries Department staff made a series of recommendations on how to better meet the Direction of “Maintain and Protect our Natural Resources”. One thing they noticed was that the data they were collecting was doing a good job at understanding what was going on in the river, but not a great job at telling the full story of what was going on in other parts of the land. One of the recommendations that came out of the rst round of evaluations was that more information was needed to determine if the Nation was successful at preserving its natural resources. Based on the success of this rst round of evaluation, the Lands and Fisheries Department decided they were ready to take on tracking some additional indicators that gave them an even more complete understanding of their successes. They decided to add elk to the list of indicator species they were tracking, while also tracking how many of their LUP policies were being implemented to help make the direct link between LUP Actions and increases in indicator species. AN EVALUATION STORY (CONTINUED)
287INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectM&E TIPSThe following are tips for how to get your M&E Strategy off the ground: 5 Start small, and build the system as you build more condence: As capacity can be a barrier, try starting with a small set of indicators until you are more condent in the process. As you gain more experience, you can add in more indicators. 5 Test out indicators, and try new ones if they are not working: All indicators are a guess of what kinds of changes might indicate progress on your Goals. Often it is not until you start tracking them that you learn whether the indicator is showing you what you wanted to learn. In using your indicators, you might decide to adapt them or let them go based on what you are learning. For example, say you are tracking the number of members attending your LUP meetings. You notice that the number of community members attending meetings is going up, yet you are also observing that community members leave as soon as the meal is over. You decide that, rather than just tracking attendance, you also need to know how many community members are participating in your LUP events. You then start tracking the number of completed worksheets or activities at events, rather than just the number of community members who showed up. 5 Build M&E capacity: M&E can take some time to learn and understand. Find an opportunity to conduct some M&E training for staff. Training can help build everyone’s condence and help them to share in the commitment needed to keep the monitoring and evaluation system alive. 5 Scale your M&E effort to match what is practical and affordable: It is important that your M&E efforts match what your staff are capable of and can afford to do. While there are many ways to track progress on your LUP, you are often limited to the indicators that you have the time and the resources to track. Some indicators are harder to track than others. For each indicator you pick, you need to gather regular information, record it, analyze it and store it. A good place to start is by monitoring the data that is already being collected in your community. For example, is someone in your community already tracking bear sightings, language retention rates, diabetes rates, or housing repair needs? Potential indicators that would apply to one (or more) of your Directions are great ones to start with.
288OUR SACRED LANDSTEP 10: TRACK PROGRESS 5 Track indicators and observe what else is going on: Indicators, numbers and statistics are helpful to tell a story, but they never tell the whole story. There is a risk of relying too much on indicators to understand something. Keep observing and talking with community members to understand the big picture! 5 Involve the community: M&E is an opportunity to keep community members engaged in the LUP process. Community members can help come up with potential indicators and help choose their favourites. They can participate in surveys, interviews or storytelling events or share their observations while they are out on the land. All of this information makes for a richer evaluation, and community members continue to feel involved in the process.TOOLKIT RESOURCES: A. Compliance monitoring toolB. Impact monitoring toolC. Outcome mapping templateD. Most signicant change templateE. Medicine wheel evaluation framework templateF. Sample M&E framework
You create a LUP with the best information and knowledge you have at a particular moment. Then, through the experience of implementing, monitoring and evaluating the LUP, you learn much more and see opportunities to adjust. Or maybe something changes in your community that shifts priorities such as social and/or environmental changes or new information that is now available. It is helpful to view your LUP as a living document that will need to change and grow as your community does. In this section, we explore: A. When to adapt your LUPB. Creating a revision processC. Communicating revisionsUpdate and ReviseHow do we keep our plan alive?STEP 11reect289
290OUR SACRED LANDSTEP 11: UPDATE AND REVISE “ The Land Use Plan needs to be adapted based on community priorities. We can’t assume that plans continue to reect community priorities over time. Planning is about building community goals; it’s dynamic, collaborative, driven by the Nation, a process that respects Traditional Knowledge and relationships to the land. It is NOT something that is government and industry driven. It should not sit on a shelf and get ignored.” Steven DeRoy, The Firelight Group
291INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectThe following circumstances or situations may require you to review and update the LUP:• You reach a planned review cycle (e.g.you can establish in your LUP a plannedtime to review it, such as every veyears)• A new vision and priorities areemerging• The legal context has changed• New opportunities, issues or concernshave arisen on your lands that changethe priorities• Your M&E efforts are revealing thatyou are not getting the desired results(given the amount of time, money andhuman resources you are investing)or that you have achieved what youwanted and it is time to refocus• New and innovative Actions areavailable to secure strong benetsand outcomesThe pace of implementation success might implicate when you decide to revise and update your LUP. An update costs money and time, and this might impact how frequently revisions occur. A. When to Adapt Your LUP“The driving force in planning is the need for a change. When the community’s priorities have changed, that can drive land use planning. The Land Use Plan should always change as the community changes.” Ken Cossey, Principal at KWC Planning ServicesMost likely, your LUP was produced with the best knowledge and resources available, However, one day you will look at your LUP and see that it is time for an update.The life span of a LUP depends on your:• Implementation timeline: Over howmany years does the LUP project run?• Your governance and planningculture: Do you have any policies orcommon practices around howoften a plan should be reviewed? If sothey may require you to review andupdate your LUP every ve years (forexample)• M&E plan: How often is your LUPbeing evaluated? If your plan isscheduled to be evaluated every year,you may nd reasons toupdate your plan based on the resultsof the evaluation• Funding obligations: The funding ofyour LUP may specify when you areeligible for funding to review the LUP• Results: Is the LUP getting you theresults and outcomes you intended?
292OUR SACRED LANDSTEP 11: UPDATE AND REVISE STORY 12: SEMA:TH FIRST NATION AND THE REVISION OF THE LUPS’ólh Téméxw te íkw’élò. Xólhmet te mekw’stám ít kwelát – “This is our land. We have to look after everything that belongs to us.” Sema:th LUP, 2013Sumas First Nation (Sema:th) is a thriving community of 300+ band members, most of whom live on our main reserve located in Abbotsford at the base of Sumas Mountain (about 600 acres of land). In November 2011, Sema:th entered the First Nations Land Management regime and established our Land Code, which we had begun work on in 2008. In 2013, we completed our rst LUP for our main reserve. After our LUP was up for review in 2018, we began looking to apply some of the knowledge gained through implementation into our revised LUP. Traditional Knowledge and traditional land ownership were reviewed in our Traditional Use and Occupancy Study (TUOS) in 2016 (which was developed according to 3-year phases). As we reviewed the information in our TUOS to revise our LUP, we were able to add some missing information and any changes in land ownership that had occurred in the past 6 years. We also had an opportunity to review lessons learned and goals for our next land use plan.After introducing the Sema:th Land Use Plan in 2013, our Lands Department discovered the need to have a full land use inventory that included land possession information to meet our key goals. During our Wills and Estates Workshops, we discussed that many members have home ownership but do not have a Certicate of Possession (CP) for their land. Many members referenced verbal agreements made in previous generations or signed contracts (many of which were destroyed by re or water damage). Since we entered Land Code, people want to understand our new property laws and rights, and began to request their title deeds.
293INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectIt was challenging to follow where ownership began and ended in different parts of the reserve; to determine who owns which parcel, and how traditional land is documented, transferred, or passed down through families. The lack of clarity around land ownership has been a challenge for land use planning, land governance, and community and economic development. These experiences convinced us to do as much as possible to complete our inventory before going into the next round of land use planning. A few initiatives we took to clarify land ownership and protect our information included:• Interviewed members to understand their recollection of the traditional holdings system and document their claims to possession of land parcels• Developed a list of knowledgeable community members and witnesses to past agreements and gathering their testimonies to substantiate other members’ claims• Reported on interviews and testimonies; • Captured other information from this process to inform our LUP update• Created a re/water-proof archive room for our documentsSome of the challenges we faced included: • A re in our Housing Department that destroyed records• Coordination and division of roles and responsibilities between the Housing Department and Lands Department, which previously worked separately• Finding the capacity to complete the projectThe inventory process was an important way to engage the community in the implementation and enforcement of our Land Code and prepare for the review of our LUP in 2019. We also started to engage members in LUP through monthly Lands Luncheons. The luncheons provided opportunity for members to come by during lunch and chat with Lands Department staff. Staff shared recent LUP developments by newsletter and gave people an opportunity to voice their concerns and chat to Lands staff openly. Our numbers at community engagement events have been growing, and we were able to clarify our approaches to engagement and information sharing as we got ready to plan again in 2019. We are currently in the process of conducting a TUOS to capture our Traditional Knowledge. With these initiatives, we are in good shape to put greater emphasis on community engagement and the inclusion of Traditional Knowledge in our next LUP.
294OUR SACRED LANDSTEP 11: UPDATE AND REVISE B. Creating a Revision ProcessOnce you decide why and when you want to review and update your plan, you need to create a process of how to make changes. Ideally, this revision process is outlined within your LUP. Having a set of steps in place to revise your LUP will ensure that it remains relevant and useful in guiding decision-making in your community (see sample revision process in the Toolkit Resources at the end of this step). It also ensures that everyone understands the process for revising the LUP and that is remains accountable and transparent. Once you decide a procedure for revising the LUP, it is important that it is clearly documented and publicly available. The procedure should say who can propose a revision, how to share their proposal (e.g. by completing an application), how their proposal will be reviewed and by whom, what the approval process is (steps), and who has the authority to approve it. EXAMPLE OF A REVISION PROCESSIn their 2010 Land Use Plan, the Tla’amin Nation set out a process for accepting policy revisions to the Plan to make sure that it remained responsive to new information or situations in the community. The process for amending policy is as follows:1. The Tla’amin Planner (or equivalent) will guide the amendment process, presenting recommended revisions to the Tla’amin Council for review2. Decisions on proposed revisions will be made by the Tla’amin Council fTo ensure transparency, both the old copy and the new copy will remain attached to the Land Use Plan, with the date of amendment fAmendments will be published in the community newsletter and posted in the Band administration building for general community informationSource: Tla’amin Land Use Plan, March 2010. Section 6.2, p.47. Retrieved from: www.tlaaminnation.com/tlaamin-land-use-plan-2010
295INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCreectC. Communicating RevisionsKey to keeping the LUP alive is communicating revisions. When making revisions to your LUP, your communications should include: • A description of the revision process• A description of the revisions made• An explanation of the reasons for the revisions• Access to a published copy of the new version to help community members witness the change• A record of the process of deciding any changes to maintain a community-based approachTOOLKIT RESOURCES: A. Sample revision processHere are a few ideas of how you can communicate LUP revisions: • Host a community feast where revisions are presented and explained• Circulate a newsletter explaining revisions• Post revised LUP with revisions explained on a website• Create a poster summarizing changes to the LUP• Host a workshop where the reasons for revisions are explored• Create a short video explaining the revisions and post it on a website
296OUR SACRED LANDnskwátsitsa Ḱalhwá7al’ap Nsneḱwnúkwa7 Colleen Jacob is an elected Chief for the Xaxli’p community and a Research Manager for the St’át’imc Nation, where she manages land use and occupancy research and coordinates community and land use planning initiatives. Colleen believes that planning is very important to achieve the vision and range of goals of her people and meet their needs for the future. Colleen grounds her approach to community planning in the principle of Nt’akmen Ihkalna and in ecosystem-based management principles that recognize the carrying capacity of the region. To Colleen, sustainability is intertwined with maintaining the cultural way of life of the St’át’imc people. She loves documenting and mapping the Traditional Knowledge of Elders and knowledge keepers. Colleen has a Master of Arts from the School of Community and Regional Planning (SCARP) at UBC and a Bachelor of Arts with a joint major in Sociology and Anthropology. She also has a Native Studies Research Certicate and a Community Economic Development Post-Baccalaureate. Pam Theodore is the Land Administrator for the Canim Lake Band or Tsq’escenemc, the People of Broken Rock. As a senior manager, she has thirty years of experience with the land development process and is skilled in negotiations, lease management, maintaining strong nancial systems and fundraising for a wide range of projects. She has been instrumental in effectively managing a wide range of land use issues, including negotiating compensation to the community for historical land use. Pam is committed to mentoring the next generation of planners and leaders within her community and beyond. She is the Secretary of the First Nations Alliance for Land Management (FNA4LM), committed to sharing her knowledge and helping to strengthen a community of practice for First Nations Lands Managers in BC. She and her husband are proud supporters of their grandchildren who have been training hard to compete in the 2017 North American Indigenous Games (NAIG). BiosAdvisory Committee Members
297INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCJosephine M Kelly is a member of Sumas First Nation (Sema:th), as well as the Lands & Resources Ofcer at Sema:th. Before taking on her role in 2015, she served on the Sema:th Lands Advisory Committee for seven years and was involved in creating the legal and policy framework for the transition into the Sema:th Land Code which was ratied in 2011. Since then, Josephine has been involved in the enforcement of Sema:th law and policies, such as the Land Use Plan, Environmental Management Plan, CP law, and soil deposit, removal and transport law, etc. Josephine’s passion is working to bring out the voices of the community through engagement and education of the land, and to support and respond to shared concerns. As a community member herself, she understands and values strong opinions and their power for positive change. One of her dreams is to be able to be a part of the healthy change within the community and see the beautiful, healthier lands available to many generations to come.Kwiic̓ kwiic̓ ataʔaqsa Tammy Dorward is an elected councillor for Tla-o-qui-aht First Nation (TFN) and is part of the planning team leading the Nation’s rst land use planning process. Deeply rooted in her people’s laws, culture, spirituality and language, Tammy promotes an approach to regional development in Nuu-chah-nulth territory based on working together in the best interests of everyone. She is the representative for the Tla-o-qui-aht First Nation at the Clayoquot Biosphere Trust (co-chair), an endowment fund established in 2000 to support education and research that upholds the spirit and intent of the designation of Clayoquot Sound (within TFN territory) as a UNESCO Biosphere Reserve (CSUBR). Tammy has a Bachelor of Arts, and a Master of Arts in criminology from Simon Fraser University (SFU) with a focus on Aboriginal Justice. Her career in teaching, research, and policy development has taken her to several provinces in Canada. For Tammy, land and justice are important intersecting concerns. She currently sits on the TFN Community Safety Committee.
298OUR SACRED LAND
299INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCAppendicesLUP HandbookContentsAPPENDIX 1: Handbook Methodology page 300APPENDIX 2: Governance Scenarios and Land Use Planning page 305APPENDIX 3: Land Use Planning Challenges and Strategies page 314APPENDIX 4: Reasons First Nations Undertake a LUP page 320APPENDIX 5: Community Mapping page 320322
300OUR SACRED LANDA P P E N D I X 1 : Handbook MethodologyOur purpose in producing this Handbook was to co-create a guide to LUP with First Nations contributors to ensure that it is grounded in First Nations’ knowledge and perspectives, contains meaningful content, and is accessible and culturally responsive. We designed our methodology with ve main objectives in mind:1. To understand and respect First Nations perspectives on LUP2. To understand practitioner needs and preferences for content and design3. To empower community-led LUP processes4. To celebrate strengths and showcase diverse approaches to LUP5. To understand and reect the diverse cultures, contexts and experiences of First Nations in BC1. INDIGENOUS ADVISORY COMMITTEEWe convened and worked closely with an Indigenous Advisory Committee (IAC) to develop our approach to researching and producing the Handbook. The IAC assisted us in reaching out to a wide network of contributors and in reviewing draft Handbook material. Four Indigenous planners from four First Nations in BC (Canim Lake Band, Sema:th First Nation, Tla-o-qui-aht First Nation and Xaxli’p Band) who participated in the Naut’sa mawt LUP workshops sponsored by ISC from 2015 to 2018 became our IAC. We collaborated on four conference calls, at two interactive, in-person workshops and through ongoing email correspondence. See page 300296-297 for our IAC member bios.
301INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCAskingpermissionStrengths-basedapproachElevate and sharecommunity-basedknowledgeBuild and strengthennetworksInclusive anddiverse participationMutualrecognitionand learningShare anddiscuss findingsRespect culturein the highest way WorkingtogetherCollaborativedesignENGAGEMENTPRINCIPLESENGAGEMENT PRINCIPLES2. ENGAGEMENT PRINCIPLESWe worked with the IAC to develop a set of 10 engagement principles to guide our approach (Figure A-1). These informed our approach and led to creative ways of envisioning and communicating the steps of the LUP process, including challenges and opportunities.Asking permission: Through working with IAC members to tell their LUP stories, we co-created a process of dialogue, drafting, reviewing and nally approving a story text of various land use planning examples. Everything published in this Handbook was done with the consent of the participants with whom we worked. We also sought and obtained permission to publish the images in this Handbook.Figure A-1. Engagement Principles
302OUR SACRED LANDRespect culture in the highest way: Based on feedback from the IAC, we honoured culture as the starting point for LUP. The LUP cycle begins with a ‘Call to Gather’, encouraging communities to draw strength and inspiration from their own cultures and long histories of LUP and governance.Elevate and share community-based knowledge: Recognizing that First Nations communities best understand how to plan for their land and communities, we prioritized reaching out to various practitioners to learn directly from their experiences and then featured these stories in the Handbook. Build and strengthen networks: Through sharing quotes and stories from the IAC and other First Nations land practitioners and featuring diverse approaches to LUP, we hope this Handbook helps readers to reach out and make their own LUP connections. Share and discuss ndings: Over a series of conference calls, two interactive workshops and a collaborative review of the draft Handbook, the IAC deliberated together on dening the distinguishing features of First Nations LUP.Strengths-based approach: We offered a exible LUP framework to encourage First Nations communities to design a process and LUP that builds on their knowledge and strengths. The practitioner stories are intended to show how various First Nations are approaching thoughtfully and innovatively their specic LUP strengths, needs and challenges. Working together: Every step of the way from the planning stage to producing the Handbook, we approached the IAC and external peer reviewers for feedback and guidance.Mutual recognition and learning: Working together to co-create this Handbook was a great opportunity for IAC members to share and learn from each other on some of the challenging areas of LUP. Some of these discussions inspired the stories of practice that appear in the Handbook.Inclusive and diverse participation: This principle reects the understanding that there is no one-size-ts-all for First Nations LUP in BC; that each First Nation’s culture and community is unique and has different needs and drivers for LUP. Collaborative design: We drew on community-based networks to identify and showcase Indigenous art and photography reecting the diversity of First Nations in BC.Overall, we aimed to model the elements of an inclusive and creative community engagement process in the research and design of this Handbook.
303INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCKeyinformatsRESEARCH ACTIVITIESIndigenousAdvisory CommitteeSurveyISC workshopCall forstoriesReviewprocessLUPworkshopsLiterature reviews3. RESEARCH ACTIVITIESThe emphasis of our research was to engage directly with a diverse group of Indigenous land use practitioners to understand their needs and reect their knowledge and experience in this Handbook. We used a variety of methods to conduct the following activities, listed here in the order they were undertaken:Literature ReviewsWe read and documented our analysis of LUP publications specic to First Nations in BC in 4 stages: 1) a review of industry how-to guidance, 2) a review of academic publications, 3) a trends analysis, and 4) a review of First Nations LUPs.We created a set of strong planningeducation practices and used thesesources in the writing process.Figure A-2. Research Activities
304OUR SACRED LANDIndigenous Advisory Committee WorkshopsWe held two interactive in-person Advisory Committee workshops to gather ideas for content, structure and design to learn from their in-community experiences with LUP. SurveyWe conducted a needs assessment survey with 43 past participants of our LUP training workshops from 2015 to 2017. ISC WorkshopWe held an interactive workshop with 11 ISC staff from 5 Departments to gather their insights and experience around supporting First Nations LUP. The workshop conrmed that this Handbook should by driven by BC First Nations’ needs, knowledge and perspectives.Key InformantsWe interviewed Indigenous and non-Indigenous land use practitioners with extensive experience working with First Nations in LUP. Call for StoriesWe launched a community call for stories on a suggested set of topics through our networks, the IAC and Key Informants. In some cases, stories were written on the basis of interviews. Each story received a nal review by the story contributor. Only those stories that received approval to publish from the contributor were included in the Handbook.Review ProcessThe IAC-selected peer reviewers, Naut’sa mawt Tribal Council and ISC, were invited to provide comments on the nal draft Handbook.LUP WorkshopsMuch of the content for this Handbook was inspired by the hard work of participants from the LUP training workshops sponsored by ISC. Between 2015 and 2018 and over four rounds of training, 146 participants from 108 First Nations across BC shared their experiences with LUP.
305INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCA P P E N D I X 2 : Governance Scenarios and Land Use PlanningDifferent governance and jurisdictional arrangements implicate First Nations’ control over land governance. Within these arrangements, First Nations are undertaking LUP as an exercise in strengthening community self-governance and engaging community members to provide direction to leadership and staff based on community values, knowledge and needs. The ve jurisdictional contexts for First Nations LUP are as follows: 1. Traditional Governance2. Indian Act3. Delegated authority under the Indian Act4. First Nations Lands Management Act5. Comprehensive Governance Arrangements1. TRADITIONAL LAND GOVERNANCEOverviewTraditional governance respects First Nations laws, authorities and institutions that have existed since time immemorial. It applies to the land and people living on or moving across the land and varies depending on the First Nation and place. Traditional governance is often guided by teachings, stories, values and philosophies. These systems dene the ability to make, interpret and enforce ‘laws’ within a territory, the rules of political and social systems, including the roles and responsibilities of members and membership. Canada’s history of colonization has created obstacles in First Nations’ capacity to make decisions around land use and development that align with a community’s traditional governance values and systems. Despite many obstacles, First Nations continue to exercise their authority to make laws based on their Indigenous legal traditions and assertions of the inherent right to self-government and title to the land. Implicaons for Land Use PlanningLUP can be an opportunity for a First Nation to articulate, document and assert their traditional laws and knowledge about their land. This process can strengthen internal planning and reduce the imposition of colonial models of land governance. Despite a lack of clarity as to whether or not the courts will enforce these laws, First Nations pursue LUP that draws on traditional governance models to bring attention to Indigenous legal traditions and the need for reformed governance and control over ancestral lands.1 One method used to support LUP and decision-making related to lands and resources is a Traditional Use Study (TUS). Traditional Use Studies can shed light on the breadth of land use activities such as harvesting, hunting, trapping, and shing and the spaces in which they take place. This information can 1 Jodie Wilson Raybould and Tim Raybould. BC Assembly of First Nations. 2014. Governance Toolkit: A Guide to Nation Building.
306OUR SACRED LANDbe used to inform land and resource management in such a way that economic development does not compromise, and may even compliment, traditional activities. Drawing on traditional governance values and knowledge might also inform the establishment of protected sites and conservation areas and school curriculum development, for example. 2. INDIAN ACT OverviewIn 1755, the British Crown established the British Indian Department, and later passed the Indian Act in 1876 to centralize control over First Nations, facilitate assimilation and govern all aspect of their lives on Reserve.2 Indian Reserves are portions of a First Nation’s territory reserved for the ‘Indian Band’, with legal title held by the Crown for the use and benet of the Band.3 Most ‘Indian Band’ Councils exercise delegated powers under the Indian Act. Implicaons for Land Use PlanningUnder the Indian Act, Reserves are subject to the land management policies of the Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), rather than First Nations government or its citizenship. The role of a Lands Manager is often to implement and apply ISC policies such as maintaining 2 Our Indian Reality. Retrieved on March 3rd, 2015 at http://www.bcafn.ca/toolkit/documents/Tools1.2-OurIndianActReality-Handout.pdf3 Millette. 2011. Land Use Planning on Aboriginal Lands – Towards a New Model for Planning on Reserve Lands.records of lease and permit agreements, and ensuring compliance with leasehold activities. Revenues from land rent are collected by ISC and permission has to be given by ISC to spend money.4 For example, s. 58 allows the Minister, with consent of Council, to grant agricultural leases. Although the enforceability of LUPs developed under the Indian Act is limited, First Nations who enact by-laws under certain sections of the Indian Act such as s. 81(1)(g) can undertake basic land use planning. This section permits Nations to create zoning by-laws and prohibit land use activities, buildings or businesses that are not in compliance with the zoning bylaw. In this scenario, First Nations law making powers are limited but LUP can still be a productive exercise in engaging members and creating a unied vision for the future. LUP can provide direction for decision-making and future community self-governance initiatives.There are 34 other land-related sections (from 18 to 41) of the Indian Act that provide a weak land governance regime for First Nations. There is no legal mechanism under the Indian Act to adopt a LUP as a law or bylaw. However, ISC has introduced programs that provide land use management authority beyond the Indian Act, described in the next section. 4 First Nation Lands and Resource Management. Indian Act and Land Code. Retrieved March 7, 2015 at http://www.georgegordonrstnation.com/documents/Code-vs-Act.pdf
307INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC3. DELEGATED AUTHORITY UNDER THEINDIAN ACTOverviewIn recent decades, ISC has introduced the Delegated Lands Management Program, which delegates greater land use planning and management authority to First Nations. The Delegated Lands Management Program is referred to as “53/60” (for s. 53 and s. 60 of the Indian Act) and provides First Nations with limited power to manage specic land transactions. Under s. 53, for example, the Minister may appoint a First Nationto manage or sell surrendered lands, and manage or leasedesignated lands for commercial, residential and recreationaldevelopments.5 Section 60 allows the Cabinet to authorize FirstNations to manage their lands, including:• Managing allotments• Approving transfers, permits, transactions affectingdesignated labour• Approving leases and administering permits• Approving leases and licenses under the Indian Actregulations regarding water disposal and timberIn preparation for the Delegated Lands Management Program, ISC designed the Reserve Land and Environmental Management Program (RLEMP) in 2002. This program aims to build First Nations land management capacity and eventually 5 Justice Laws Website. Indian Act. Retrieved March 7, 2015 at http://laws-lois.justice.gc.ca/eng/acts/i-5/reach delegated authority.6 The program trains First Nations to manage lands and resources on behalf of ISC through a three-stage certication program which allows certied land managers/ofcers to assume primary responsibility for Reserve lands and resource and environment management.7 Although First Nations participating in RLEMP are responsible for the administration of lands, the Minister of ISC is still liable for all transactions. First Nations must provide documentation such as a monthly expense plan and schedule of payment, and meet annual service delivery and reporting requirements. Implicaons for Land Use PlanningOne of the key functions of the RLEMP training is community-based LUP and lands, resources and environmental management. The program strengthens self-governance capacity and First Nations’ ability to manage Reserve lands. Overall, the tools offered through RLEMP help to transition First Nations beyond the Indian Act into more comprehensive land management regimes with additional zoning bylaw powers.8 LUP under the Delegated Lands Management Program may require planning for an increase in funding and administrative responsibilities, including: lands management such as leases or 6 AANDC. Brochure – Reserve Land and Environment Management Program. Retrieved March 6, 2015 at https://aadnc-aandc.gc.ca/eng/1399389925876/13993901106247 UBC. Guest Column: First Nations Land Use and Resource Permitting. Retrieved March 17, 2015 at http://www.ubcm.ca/EN/meta/news/news-archive/2014-archive/guest-column-rst-nations-land-use-and-resource-permitting.html8 UBCM. Guest Column: First Nations Land Use and Resource Permitting. Retrieved March 17, 2015 at http://www.ubcm.ca/EN/meta/news/news-archive/2014-archive/guest-column-rst-nations-land-use-and-resource-permitting.html
308OUR SACRED LANDpermits; environmental management such as environmental site assessment, natural resource management such as permits for natural resource extraction like shing and logging; planning for zoning and designations; and compliance management such as promotion, monitoring and enforcement. 4. FNLMA AND SECTORAL GOVERNANCE ARRANGEMENTSOverviewIn 1990, a group of First Nations Chiefs approached ISC with a Framework Agreement proposing that First Nations opt out of 34 land related sections of the Indian Act (25%) and assume jurisdiction over lands and resources on Reserve, under the mechanism of a Land Code. Canada signed the Framework Agreement on the First Nations Land Management Act (FNLMA) with 14 First Nations in 1996 and it was brought into effect in 1999.9 As of January 2019, 153 First Nations in Canada had entered First Nations Land Management and were either developing or operating under their own land codes.10FNLMA is a way for First Nations to move beyond the Indian Act land governance regime to one of greater local control over Reserve lands and resources. The FNLMA recognizes the jurisdiction of participating First Nations to enact laws respecting “the development, conservation, protection, 9 Millette. 2011. Land Use Planning on Aboriginal Lands – Towards a New Model for Planning on Reserve Lands.10 ISC. 2019. First Nations Land Management. Retrieved March 2019 at https://aadnc-aandc.gc.ca/eng/1327090675492/1327090738973 Other First Nations led sectoral governance initiatives that address land and resource management on-Reserve include:• The First Nations Commercial and IndustrialDevelopment Act (FNCIDA, c.53).1 FNCIDA came intoforce in 2006, and seeks to ll regulatory gaps in landmanagement on Reserve under the Indian Act withoutrequiring a First Nation to develop a Land Code orimplement a system of land laws. FNCIDA removesthe gaps in regulations for commercial and industrialdevelopment on Reserve to allow for economicdevelopment.• The First Nations Oil and Gas and MoneysManagement Act (FNOGMMA, c.48).2 FNOGMMA came into force in 2005 - the resultof an initiative led by First Nations with oil and gasinterests on Reserve lands, mainly in Alberta. Theact provides that a First Nation can make a code withrespect to oil and gas and remove itself from theIndian Oil and Gas Act, the oil and gas equivalent ofthe Indian Act.1 Jodie Wilson Raybould and Tim Raybould. British Columbia Assembly of First Nations. 2014. Governance Toolkit: A Guide to Nation Building.2 Jodie Wilson Raybould and Tim Raybould. British Columbia Assembly of First Nations. 2014. Governance Toolkit: A Guide to Nation Building.
309INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCmanagement, use and possession” of Reserve land, including laws respecting “the regulation, control or prohibition of land use and development including zoning and subdivision control”, in other words, land use and resource permitting processes.11Implications for Land Use PlanningFirst Nations that sign on to the FNLMA can plan for and manage their Reserve land through the creation of a Land Code, drafting a community ratification process and entering into an Individual Transfer Agreement with Canada. The Land Code typically includes general rules and procedures for land use and law making that reflect the unique needs and traditions of the community. A Land Code gives First Nations the ability to enact land and land-related policy over Reserve lands (see S18.2(a) in the Framework Agreement) that include:12• Zoning and land use• Archaeological assessment and protection• Protection of cultural, heritage and spiritual sites• Environmental assessment and protection• Regulation, control, authorization and prohibition ofresidency, access and occupation, development of land• Setting aside protection and regulation of parks andparkland11 First Nations Management Act. Statutes of Canada 1999, c. 24.12 UBC. Guest Column: First Nations Land Use and Resource Permitting. Retrieved March 17, 2015 at http://www.ubcm.ca/EN/meta/news/news-archive/2014-archive/guest-column-rst-nations-land-use-and-resource-permitting.html• Setting aside lands for community purposes• Management and protection of fish, wildlife and their habitat• Subdivision of the land -works and services that are required• Building regulation and inspectionsFirst Nations are also able to conduct activities that fall under these laws such as granting interests and licenses, receiving and using revenue moneys, borrowing and investing money, being party to legal proceedings, and handling land disputes and matrimonial real property. The minister of CIRNAC is removed from the day-to-day land management decisions and the First Nation becomes the law and decision-maker in regards to their lands and resources. Still, while land management authority is transferred to First Nations, lands under the First Nations Land Management Regime remain reserve lands and are inalienable except to the Crown. As a legal framework, which most First Nations LUPs are not, FNLMA creates an opportunity for a LUP to become self-determining. In the FNLMA scenario, LUP is an important step in entering into this new governance agreement. It becomes an important policy document that guides land use and management decisions and laws. Developing a LUP can be a powerful way to translate your Land Code into a structured document that communicates choices about land and water use to the government and third parties for example. The LUP can outline how the First Nation will establish their own regimes to manage their lands and resources, providing for more decision-making at the local level. Additionally, the process of developing a Land FNLMA AND SECTORAL GOVERNANCE ARRANGEMENTS (CONTINUED)
310OUR SACRED LANDAPPENDIXCode may require important pre-planning steps that inform community LUPs such as an assessment of financial investments and economic development strategies and sessions with Council and staff regarding the process and how to best involve community members. Land management and jurisdictional authority over what happens on Reserve lands is an important aspect of governance in moving from the Indian Act towards self-determination and economic self-sufficiency. While FNLMA requires that communities negotiate the difcult line between traditional and modern structures, it provides a valuable tool for building First Nations’ capacity to do this on their own terms. 5. COMPREHENSIVE GOVERNANCE ARRANGEMENTSOverviewUnder comprehensive governance arrangements such as treaties, the Indian Act no longer applies at all. Comprehensive governance arrangements can provide First Nations with clarity on rights to ownership, planning and use of lands and resources. First Nations can secure a package of rights and benets, including self-governance, ownership of lands, sheries and wildlife harvesting rights, participation in land and resource planning and management, and resource revenue sharing, set in a constitutionally protected settlement agreement. Governance arrangements might include:• Independent Agreements: First Nations that want the authority to make their own land use decisions on and off Reserve can form bilateral agreements with Canada. These agreements are a form of legislation that often recognize First Nations right to self-government, included under Canada’s 1995 Aboriginal Self-Government Policy.13 This means Canada will recognize First Nations' jurisdiction and law-making authority on lands for which they negotiate this jurisdiction.• Treaties: The Government of Canada and the courts define treaties between the Crown and Aboriginal people as agreements that set out promises, obligations and benefits for both parties.14 In Canada, 366 of 617 First Nations are Treaty First Nations (59%) and historic treaties are located in 9 provinces and 3 territories, covering nearly 50% of Canada’s land mass.15 The Crown and First Nations have different interpretations of agreements, which creates challenges. In BC, new land governance regimes are being developed through the BC Treaty Process as First Nations negotiate the right to exercise more powers over land use planning on Reserves and treaty settlement lands.13 Indigenous and Northern Affairs Canada. Aboriginal Self-Government: The Government of Canada’s Approach to Implementation of the Inherent Right and the Negotiation of Aboriginal Self-Government. Australian Indigenous Law Reporter, 1(2) (April 1996): 330-33314 Indigenous and Northern Affairs Canada. Treaties with Aboriginal people in Canada. 2010. Retrieved June 10, 2017 at http://aadnc-aandc.gc.ca/eng/1100100032291/110010003229215 Indigenous and Northern Affairs Canada. Pre-1975 Treaties and Treaty First Nations in Canada Interactive Infographic. 2013. Retrieved June 10, 2017 at https://www.rcaanc-cirnac.gc.ca/eng/1380223988016/1544125243779
311INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC• Land Claim Agreements: 16 There are two types of “land claims” - comprehensive claims and specific claims. Comprehensive land claims agreements (CLCA) involve land and often arise when First Nations' land rights have not been dealt with by treaty or through other legal means.17 Specific claims deal with past grievances related to Canada’s obligations under historic treaties or the way it managed First Nations’ funds and assets. This may or may not include land.• Modern Treaties: Forward-looking agreements (also called “modern treaties”) are negotiated between aFirst Nation, Canada and province or territory and can include self-government provisions within a single final agreement or separate Self-Government Agreements. The planning authorities of the First Nation, Canada and other governments are set out to expand the rights of the First Nation. As of 2017, there are 24 CLCAs given Royal Assent and in effect, with one in BC.18• Strategic Engagement Agreements: Crown and First Nations can create agreements on the governance of broader territories.19 First Nations can enter into co-management or shared decision making arrangements with BC prior to or instead of treaty under Strategic Engagement Agreements (SEAs). For First Nations in16 AANDC. Comprehensive Claims. Retrieved March 5, 2015 at https://aadnc-aandc.gc.ca/eng/1100100030577/110010003057817 Indigenous and Northern Affairs Canada. Land Claims. Retrieved June 10, 2017 at https://aadnc-aandc.gc.ca/eng/1100100030285/110010003028918 Public Works and Government Services Canada. Comprehensive Land Claims Agreements in Effect. Retrieved June 10, 2017 at https://buyandsell.gc.ca/policy-and-guidelines/supply-manual/section/9/35/519 Jodie Wilson Raybould and Tim Raybould. British Columbia Assembly of First Nations. 2014. Governance Toolkit: A Guide to Nation Building.the treaty process, SEAs can create decision making mechanisms once a treaty is reached. For other First Nations, SEAs can increase involvement in decision making on a government-to-government level and lay out rules for consultation and accommodation. Implicaons for Land Use PlanningUnder governance arrangements, LUP typically includes a larger region which represents a portion of traditional territory. Like the FNLMA, the CIRNAC minister is removed from day-to-day land use planning and management decisions and the First Nation becomes the law and decision-maker for their agreed lands and resources. In contrast to FNLMA, First Nations gain planning jurisdiction over settlement lands as opposed to just Reserve Lands. Although there is no one size ts all agreement or treaty, comprehensive governance arrangements often address topics such as jurisdiction, zoning, land use, land ownership, taxation, administration and management of property owned by the First Nation, and control over natural resources and the environment.20 Through treaty negotiation, First Nations can also negotiate provisions for a role in “off” treaty settlement lands and working with local governments on broader land use planning.21 Similarly, a SEA can help ensure that the First Nation 20 Westbank First Nation. Self-Government Agreement. Retrieved March 5, 2015 at: https://aadnc-aandc.gc.ca/eng/1100100031766/110010003176821 Indigenous and Northern Affairs Canada. Pre-1975 Treaties and Treaty First Nations in Canada Interactive Infographic. 2013. Retrieved June 10, 2017 at https://aadnc-aandc.gc.ca/eng/1100100028574/1100100028578
312OUR SACRED LANDhas a rm commitment from the Province to implement their Land Use Plan and other arrangements. Treaties and other governance arrangements often represent new opportunities for autonomy and decision making. LUPs are therefore an opportunity to establish a vision for land management and orient a First Nation’s future based on their unique governance arrangement and to determine laws for treaty settlement and ancestral lands and resources. A LUP can also be undertaken before a treaty or governance agreement to inform treaty settlement negotiations. Under certain comprehensive governance arrangements, a LUP might also become a legally binding policy document that the First Nation has jurisdiction to manage settlement lands.
313INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCTable A-1. Governance ScenariosSCENARIOTHEME Indigenous GovernanceIndian Act First Nations Land Management Act (FNLMA)Comprehensive Governance ArrangementsDelegated Authority Under Indian Act Land LegislationConstitutional OrdersIndian Act First Nation land code Treaty or Agreement Indian ActFinal Authority First Nation The Minister of ISC administers land and resourcesFirst Nation administers land and resourcesFirst Nation administers land and resourcesFirst Nation and the ISC Minister administer land and resources, the minister has nal authorityLand to Plan Traditional territoryReserve lands Reserve lands Reserve lands and traditional territoryReserve landsLaw Making AbilityFirst Nation can enact laws, often created and maintained by a constitutional orderFirst Nation can enact specic bylaws under the Indian Act with approval from the MinisterUnder land code, First Nations can make Land Use Laws on zoning, land use, subdivisions, environment, development, parks, revenue moneys, matrimonial property, and settlement of disputesFirst Nation can make a Constitution and laws on land and resources as negotiated in an agreement, in respect to treaty, settlement lands and ancestral landsFirst Nation can enact bylaws through the delegated authorities under S.53 and 60 of the Indian Actwith approval from the ISC MinisterOwners of Land First Nation Crown Crown First Nation CrownDependance on Indian Act0% of Indian Act applies100% of Indian Act applies75% of Indian Act applies 0% of Indian Act applies to treaty100% of Indian Act AppliesThe LUP OpportunityAsserting rights and titleDocumenting Indigenous laws and customsManaging land-based on Indigenous lawsProviding direction for decision-makingEnacting specic zoning bylawsEngaging members to create a unied visionProviding direction for decision-makingStrengthening self-governance capacityA LUP is a step in entering into a new governance arrangement Enacting land governance policies and bylawsA LUP is a legal policy document to guide land governance decisionsLegal policy document to guide land governance management and decision-making for settlement landsEngaging members to create a unied visionEnacting more zoning bylawsEngaging members to create a unied visionProviding direction for decision-makingBuilding capacity and assuming responsibility for reserve landStrengthening self-governance capacity
314OUR SACRED LANDAPPENDIX 3: Land Use Planning Challenges and StrategiesMany First Nations involved in LUP are dealing with similar challenges and have found creative ways to make the long journey of LUP manageable and worth it. The following table describes challenges, different strategies you could draw on to overcome these challenges and links to stories that reect diverse approaches to some of these common challenges. CHALLENGE CONTEXT STRATEGIES LINK TO EXAMPLESUnclear land ownership• Traditional land holdings remain un-surveyed and undocumented• Some lands are difcult to verify asthey have been transferred throughoral agreements or between peoplewho have passed away• In some cases, CPs took away landwithout compensation that alreadybelonged to families within thetraditional system• Land ownership is a source ofinternal conict• Treaty negotiation has resultedin lawsuits over overlappingboundaries• Undertaking a lands inventory• Interviewing members to understand their recollection of the traditional holdings system• Documenting members’ claims to possession of land parcels• Gathering testimonies from knowledgeable members to substantiate other members’ claimsSema:th First Nation: creating a Land Inventory to support LUP implementation and reviewTla’amin First Nation: Building a Shared Understanding of Community History through LUPThese stories are not one-size fits all, as our aim is not to present the answers to complicated LUP questions. Rather, we aim to showcase community planning strategies and actions that worked well. We have focused on stories where a LUP challenge has been overcome in a way that is valued by the community and/or has had a positive lasting impact. Table A-2. LUP Challenges and Strategies
315INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCCHALLENGE CONTEXT STRATEGIES LINK TO EXAMPLESGetting members involved• A community-driven LUP requiresengagement but members mightbe overwhelmed by the numberof planning processes they areexpected to participate in and cansuffer fatigue or burn out.• Making the process fun andenticing might require additionalresources to provide incentivessuch as honourariums, recognitionor meals and celebrations• Challenge to involve, engage, andcommunicate with members whodo not live on Reserve• Draw on community protocols• Build trust• Involve Youth as volunteers• Gain permission to gather and useinformation and uphold anonymityand condentiality• Tell people how their voice is beingheard and incorporated into the Plan• Making processes personallyrelevant• Making sure events are inviting andfun, not tedious• Teaching on the importance ofplanning and demonstrating concretegains• Informal outreach to off-Reservemembers• Using multiple communicationchannels and simple tools• Meeting outside on the land• Working with a LUP Committeeto balance perspectives andrepresentation• Developing a CommunityEngagement and CommunicationsStrategyTsawwassen Nation: planning with CP holders post treaty and meeting community need for social housingKlahoose Nation: youth-led planning process that involved off-reserve members
316OUR SACRED LANDCHALLENGE CONTEXT STRATEGIES LINK TO EXAMPLESCommunity divisions and trauma• Those leading the planning processmight face resistance, criticism anddivision among individuals, familiesand colleagues.• The LUP process can unearthtraumas related to land ownership,forced removal and feelingdisconnected from land• Getting positive momentum going• Having a strong planning team to keepthe process going in the face of conict.• Having support persons available towork with those experiencing traumaLoss of cultural knowledge• Loss of cultural knowledge throughcolonization, Residential School, andElders’ passing• Revitalizing traditional landgovernance and exploring traditionsand culture as they have evolvedover time can take considerabletime, energy and resources.• Using the LUP process to restoreconnections to land and spending timeon the land• LUP has a broad scope and is anopportunity to be distinct, integratelanguage, culture and traditionalpractices• Vehicle for expressing land and culturalloss and protecting cultural heritage(e.g. designations)Musqueam First Nation: Healing and Cultural Preservation -LUP Structure and ProcessTla’amin First Nation: Integrating language and cultural governance models into LUP; Inclusion of past plans in the planning processStaff turnover• Transitioning Leadership can stall land use planning• New leaders are often busy learning their new roles and responsibilities• LUP orientation package or meeting to provide background on land use planning taking place• Digitizing information to make it more accessible for new staff• Mentoring next generation of planners• Be proactive in preparing for Leadership and/ or staff changes
317INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCCHALLENGE CONTEXT STRATEGIES LINK TO EXAMPLESBuilding capacity and resources• As First Nations move towards self-governance, they need more capacity to meet their goals and responsibilities• Many communities are small in size and have limited capacity• Own-source revenue and available funding for land use planning is often not enough to create the LUP needed• LUP First Nations may have to stop planning for periods of time while they try to get piecemeal funding• It can be challenging to developthe secure long-term resourcesto hire one or more professional planners or, in the case of smaller communities, to have shared access to a planner to implement the LUP.• Moving at a pace that is manageable for the local planning team• Keeping up with day to day responsibilities while planning is happening• Exploring funding from than one source and breaking out planning into phases and seek funding for each• Partnerships with organizations that have shared interests and goals and can offer important financial and human resources.• Partnerships with universities, post-secondary institutions and non-governmental organizations that can provide access to technical resources and specialized knowledge and skills• Building a relationship with a reliable consulting firm that supports capacity building• Co-governance and co-management arrangements and service delivery agreements with other orders of government• Tailoring a LUP to the capacity of the community so that they can implement the plan they have created• Ensure that the process builds confidence and skillsTaku River Tlingit: How they partnered with Round River Conservation Society to prepare their own plan that positioned them to negotiate a joint LUP with BC
318OUR SACRED LANDCHALLENGE CONTEXT STRATEGIES LINK TO EXAMPLESWorking with neighbouring communities• Long history of exclusion and beingplanned for• First Nations have often beenignored and excluded from local andregional planning• Dedication to partnership• Clarifying roles, responsibilities,decision making and expectationsTla-o-qui-aht First Nation: Advancing regional collaboration and upholding Indigenous jurisdiction through the Clayoquot Biosphere Trust and TFN Tribal Parks partnershipTsawwassen First Nation: taking a regional approach to support infrastructure and economic developmentOverlapping boundaries• Many boundaries have been imposedon First Nations• Boundaries may not berepresentative of occupancy, landuse, genealogy and/ or governance inan area• Court decisions have not produceda solid framework for reconcilingissues related to overlapping claimsof Aboriginal title and rights• Determining land to plan for can bechallenging as boundaries may becontested or overlapping• Some First Nations are drawing on TUS studies to identify and map old markers (natural features on the land) around their proof of claim an area• Entering into shared use agreements with neighbours• Mapping can be a tool to inform decision making processes• Develop joint resource management board between communities to manage issues and disputes
319INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCCHALLENGE CONTEXT STRATEGIES LINK TO EXAMPLESInformation Management• LUP requires considerable human and financial resourcesand relies on good information. Collecting that information is time intensive and requires solid systems for storing information• It can be an overwhelming taskto collect, synthesize and store community-based information• Monitoring and evaluating the LUP requires additional access to good information and a capacity to collect, store and analyze that information to make decisions about whether or not the LUP is achieving the results needed• Helpful to have Traditional Knowledge gathered, organized, and integrated within the LUP to inform objectives, organize land into planning units, and discuss what can and cannot be done in certain places.• Data sharing agreements with various government ministries to access data libraries not available publicly andto formalize a process for obtaining information• Create data library structures and standardized maps for organizing information, such as GIS dataAdams Lake Indian Band: integrating TUS information into the referrals process with support from community Knowledge Keeper softwareFort Nelson First Nation: land use plan created to support referrals but not being used
320OUR SACRED LANDAPPENDIX 4: Reasons First Nations Undertake a LUPSome of the key reasons that a First Nation might undertake a LUP include: 1. Assert Rights and Title: Some First Nations are completing a LUP to help document traditional laws, put them in to practice and make a statement about continued occupation and use of their territory. LUPs can be a way to re-establish authority, exert ownership, and exercise Rights and Title.2. Establish a common Vision: An important reason for undertaking a LUP could be to find common ground in your community, identify shared community values, priorities, needs and set out a long-term community vision to guide land management goals and objectives.3. Preserve and revitalize culture: Some First Nations are embracing the LUP as an opportunity to honour, uphold and revitalize culture, language, and way of life on the land. This can be achieved through a LUP process that is driven by traditional protocols and values. The LUP itself may also provide the opportunity to record Traditional Knowledge and identify and protect cultural resources and sites.4. Care for the land: Some First Nations embrace LUP as a way to actively practice their responsibility to care for the land. This might involve addressing environmental concerns and land management challenges and protecting sacred, cultural and significant ecological sites, including those under threat from external development, extraction and harvesting pressures. Through the LUP process, First Nations canensure that land is protected and/or developed according to the needs and values of the community. 5. Develop a new governance arrangement: Sometimes a LUP is part of a process of developing a new governance arrangement. For example, a First Nation might completea LUP as part of their Land Code process or as part of their treaty process. The purpose of the LUP might be to inform treaty negotiations, title cases, and land claims settlements.6. Strengthen community engagement and self-governance: A First Nation may be using a LUP process as an opportunity to meaningfully engage community members in a conversation about the future of the community and lands. As a community-driven process, First Nations are embracing LUP as an opportunity to create a stronger line of communication between community members and Leadership, and give community members avenues to take important roles in the governance of theircommunity.7. Explore economicdevelopment opportunities: Some First Nations complete a LUP to help identify economic opportunities on their land andplan for future job creation and revenue. A LUP can help position a First Nation for economic development opportunities, helpLUP AS A GOVERNANCE TOOL• Establish authority• Directing decisionmaking• Providing policyguidelines• Managing existing andpotential disputes• Resolving pressures onland and infrastructure
321INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BCattract new economic opportunities, and provide certainty to outside organizations about economic activities that are compatible with the First Nation’s priorities. 8. Guide referrals and development proposals: For some First Nations, a LUP responds to the need for a decision making tool to respond strategically to initiatives of municipal, provincial and federal government, and to guide responses to industry referrals and development proposals. Providing proponents with a copy of the LUP can help them respond to the First Nations needs and values rather than the First Nation always responding to requests.9. Guide internal decision making and policies: A LUP can be used as a flexible tool to guide Chief and Council, and/ or staff in decision making, evaluating competing resource priorities or considering of the effect of a particular activity on the land consistent with the community’s values. ALUP can become a foundation for policy development, for operational day-to-day planning by Leadership and staff, and for developing detailed guidelines for the development of particular land parcels and traditional territory.10. Respond to development pressures: Some First Nations are responding to development pressures in their territory. A LUP is a tool to articulate a future vision that can guide future development in the region.11. Support relationship-building and coordination: A LUP process might involve relationship-building processes with neighbouring communities or coordinating with planning processes taking place in neighbouring communities, districts or regions. A First Nation may prepare a LUP inpreparation for participation in a larger regional planning process, or in reaction to a planning process that the First Nation feels they were excluded from. 12. Provide certainty over overlapping territories: First Nations may develop LUPs to help provide certainty over jurisdiction and decision making on shared territories.13. Complement and/or prepare for other planning processes: A LUP might complement other planning processes that are underway such as a Comprehensive Community Plan, or can be used to prepare for more specific sector-level planning. Examples include:f Housingf Community infrastructure (recreational, health,educational) f Infrastructure and servicing: sewage, clean drinking water, electricity, energy, etc. f Economic development f Food security: farms, sheries, hunting and game, protection of traditional food sources f Heath and Social: recreation, health resources, community programming14. Support community health and healing: For somecommunities, LUP plays an important role in a broader effortto improve community health and healing. Strengtheningthe community’s relationship to the land and responsibilityto the land through LUP can be an opportunity forcommunity healing. Planning to ensure future recreational,traditional and cultural uses of the land can help improveyour community’s health.
322OUR SACRED LANDAPPENDIX 5: Community Mapping“First Nation peoples carry maps of their homelands in their heads. For most people, these mental images are embroidered with intricate detail and knowledge, based on the community’s oral history and the individual’s direct relationship to the traditional territory and its resources. Land use and occupancy mapping is about documenting those aspects of the individual’s experience that can be shown on a map. It is about telling the story of a person’s life on the land.” - Chief Kerry Moose in “A Guidebook to Land Use and Occupancy Mapping, Research Design and Data Collection (2000) Maps are a symbolic and spatial representation of a particular area or theme. Maps often emphasize relationships between places and the ecosystem, showing boundaries, natural features and systems, roads, resources, networks, and patterns of use, for example. While many maps are depicted digitally or on paper, others can be dynamic and interactive. Maps of a community can depict a variety of features and may include several types of maps, such as:• Physical map: Displays the physical features of a place,including land and water features such as mountains andrivers• Topographic map: Displays physical features, using contourand color to show changes in the landscape, such aselevation and slope• Road map: Shows trails, roads and highways(transportation corridors), and can display various levels ofdetail including important natural and human sites • Climate map: Displays information about climateconditions, such as temperature and precipitation• Political map: Displays legal boundaries, important townsand cities, and bodies of waters; or land tenure andjurisdiction• Resource map: Shows the arrangement of natural resourceswithin a place such as which areas have a particularresource• Economic map: Depicts economic activity within an areaor site and can differentiate between types of economicactivities taking place in one or combined areas• Infrastructure map: Displays primary and secondary assets,including housing, buildings, energy, waste management,and social and gathering infrastructure• Land Use Maps: Depicts areas designated by use withsupporting guidelines and policies• Traditional Use Maps: Shows past and present traditionaluses such as sacred, cultural, food, harvesting and medicinalIndigenous communities have mapped a variety of land use and occupancy information including: • Places where animals are harvested for food, clothing,medicines, tools, and other purposes• Places where plant materials are harvested for food,clothing, medicines, tools, shelter, fuel, and other purposes• Places where water, rocks, minerals, and soils are used orcollected for making tools, conducting ceremonies, andother purposes
323INDIGENOUS PEOPLES' COMMUNITY LAND USE PLANNING HANDBOOK IN BC• Ecological knowledge of habitats and sites critical to thesurvival of important animal populations such as migrationcorridors or breeding grounds• Habitation sites, such as settlements, trading posts, cabins,camps, and burial grounds.• Spiritual or sacred places• Places described in specic legends or accounts• Travel and trade routes• Indigenous place namesFor additional information see “A Guidebook to Land Use and Occupancy Mapping, Research Design and Data Collection” by Chief Kerry Moose, Eco Trust (2000)The use of maps has been linked to Indigenous political empowerment and resulting changes in legislation recognizing Indigenous rights to manage their natural resources and territories (Cronketon et al. 2010). Some uses of mapping by First Nations might include: • Documenting Elders’ oral history• Strengthening Indigenous land governance andmanagement• Determining shared use areas and boundariesbetween communities• Providing evidence for court cases involving Rightsand Title• Settling treaty and claims under federal landclaims processes• Supporting compensation claims• Negotiating co-management agreements• Negotiating protective measures and benets fromindustrial development• Determining potential impacts of development• Supporting injunctions to stop unwanted development• Providing baseline data for long-term communityplanning and resource management• Supporting administrative programs such as land usepermitting• Developing education and learning tools• Supporting cultural revitalizationThe mapping process is an opportunity to reect on and analyze current land use and management practices. Hand-drawn maps and community learning opportunities such as workshops, outreach, walkabouts and land tours are a good way to start the community mapping process. Technology such as geographical information systems (GIS) can be used as a tool to improve the accuracy and detail of these mapping efforts and can accompany the community learning process. The table below highlights ve common methods of community mapping, with sketch and scale maps being the easiest to begin with (adapted from Rambaldi et al. 2005 and Corbett 2005).
324OUR SACRED LANDAPPENDIXTable A-3. Mapping MethodsMethod Descripon Tools requiredPros Cons Best used toSketch MapsA map is drawn from observaon or memory. It does not rely on exact measurements, such as having a consistent scale, or geo-referencing.PaperPens Scky notesInclusive to all community membersDoes not require high technological understandingFlexible to allow display of various forms of knowledge and notesLacks accuracy and requires picture taking to be stored digitallyDisplay stories of tradional knowledgeRepresent sites of cultural, or ecological importanceBuild local capacityMap Product: Community Based MapScale MapsCan be drawn over georeferenced Landsat satellite images or landscape best for resources and cultural features. A more sophiscated method of sketch mapping aimed at generang geo-referenced data to facilitate discussions and allow community members to develop maps.Aerial MapsGIS MapsTopographical Maps PensScky notesMore accurate than sketch mapsInclusive of all community membersCan accommodate various forms of informaon by using dierent colored scky notes and pensNeeds to be digized aer map has been madeNot 100% accurateMap sites of cultural importanceRepresent ecological sites such as nesng grounds, important hunng or shing areas (e.g. important streams)Tradional land use and occupancy Display infrastructure that is currently exisng or in need (e.g. roads, facilies)GPS Satellite-based posioning system that can be taken in the eld to register exact locaon. Data used from GPS can also support and add accuracy to informaon depicted in sketch and scale maps.GPS equipmentAbility to access site to load GPS coordinatesAccurate and can store locaons digitallySites may be dicult to access May require more meShow demarcaon of areas of land, boundaries or sites of importanceDisplay sites of cultural or resource importanceHighlight potenal economic development sitesShow biodiversity counts (plants or species of importance)
325INDIGENOUS PEOPLES’ COMMUNITY LAND USE PLANNING HANDBOOK IN BCFor sketch and scale mapping, it is important to encourage people to draw and write directly onto a base map or to make their own personal or collecve mental maps. Using icons and numbering special sites with a legend that contains a longer descripon are easy ways to gather informaon and not cluer up the map.It is recommended that informaon from community maps is digized to prevent the informaon from being lost, and for improving accuracy and strengthening decision-making. GPS, GIS, and 3D modelling require some technological understanding, but can be very useful in displaying various types of informaon and adding accuracy to sketch and scale maps. See Step 4 Toolkit Resources for an overview of community mapping tools and online community mapping resources.Method Descripon Tools required Pros Cons Best used toGIS Computer based system that can design, collect, manage spaal informaon and data. The digital hyperlinked map of the communies’ tradional lands consists of points, lines and polygons that could be clicked on to link the viewer to related mulmedia and textual informaon.GIS applicaonSkilled GIS userPGISAlternate technology: Geolive (an online interacve mapping interface)Can formulate various map layers for dierent uses and development scenariosAccurate, detailed and already digized. Easy to store and keep safe Need to have GIS system and trained technological skillCreate detailed maps of land Incorporate various layers and store mulmedia to specic locaonsStore various forms of informaon in one placeSupport claims for land tenure and legal bales 3D Modelling Computer based system that can design, collect, manage spaal informaon and data. The digital hyperlinked map of the communies’ tradional lands consists of points, lines and polygons that could be clicked on to link the viewer to related mulmedia and textual informaon.Sketch Up3D modelling sowareCan accurately represent various topographic featuresNeed to have soware and trained technological skillModel topography of interest (e.g. rivers, mountains, unique sites)
CommentsWe welcome your feedback and suggestions to improve and build upon this LUP Handbook. Please send your comments to: Jeff CookBeringia Community Planning Inc.jcook@beringia.ca
Funded by:Sponsored by:Authored by: