Cultural knowledge under seige

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The Symposium on Traditional Knowledge and Indigenous Cultural Expression, held in Toronto April 24, looked at what speaker Brian Wright-McLeod called a "serious and important issue that needs to be dealt with."

Presented by the Creators' Rights Alliance and Native Women in the Arts, and supported by the federal Department of Canadian Heritage, Industry Canada, and Aboriginal Business Canada, the day's discussion focused on the use of traditional knowledge in art and the creative areas.

Reminding people of "how old our culture is, how beautiful our culture is," Elder Pauline Shirt opened the event by offering prayers and bringing a message to "move forward and look ahead."

Her words showed where some of the challenges arise in use of traditional knowledge. Because the culture is so old, there is no clear author for artistic material and no protection against those who treat traditional knowledge as a commodity. Because the culture is so beautiful, it faces pressures from economies seeking new sources of capital.

The day began with a look at international law. Speakers were Susan Crean, lawyer Caldwell Taylor, and Greg Young-Ing from the Opaskwayak Cree Nation in Manitoba (all from the Creators' Rights Alliance), Dr. George Sefa Dei from the University of Toronto, and John Craig from Industry Canada.

Singer Sadie Buck (Seneca, Turtle Clan), artist Bonnie Devine (Serpent River First Nation), and radio producer and writer Brian Wright-McLeod, (Dakota), offered examples from their personal experiences as artists. Buck said, "It's a big issue for me personally. I don't want the issue to get lost in favour of some corporation."

In 1995, an international agreement, the Trade Related Aspects of Intellectual Property Rights, came into effect. Administered by the World Trade Organization, this agreement sets the standard for laws dealing with intellectual property, including copyright and patents.

At the present time, said speaker Susan Crean, "Indigenous knowledge and culture is out of the system entirely." Indigenous groups worldwide are asking if there should be a special system to deal with traditional knowledge.

Young-Ing explained, "European tradition protects the rights of authors for a certain period of time, but then the work falls into the public domain. In traditional Indigenous cultures, some areas never, ever, enter into public domain."

Devine asked: "How do we get sovereignty over our cultural capital and our land? First Nations art has always been about the land."

Speakers looked at how an artist can make a living, the role of the artist as a creator of original work, and how the artist fits in to the broader community. Buck believes "Traditional music is supposed to be for all the people. We don't have to touch the traditional songs." Bonnie Devine looked at the role of the artist as a risk-taker. She said, "You make the piece; you live with the consequences. It takes a very brave person to do that." Greg Young-Ing said, "This whole issue is really led by artists, just like Louis Riel said."

The Creators' Rights Alliance meets in Montreal June 3 to 5 for its annual general meeting. Called Old Ways, New Paths, it aims to build on the April 24 discussions. The Indigenous People's Caucus holds its own national meeting June 6.