Purpose

To ensure Memorial Researchers carry out and maintain appropriate engagement with existing Indigenous Peoples in Indigenous Research, starting at the Concept Development Phase and continuing throughout the life of any Research project that involves Indigenous Group(s).

This policy draws from, and is intended to build upon, other guidelines such as the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans (TCPS2), including Chapter 9 regarding Research Involving the First Nations, Inuit, and Métis Peoples of Canada and Memorial’s policy Ethics of Research Involving Human Participants.

Scope

All Indigenous Research undertaken by Memorial Researchers that involves Indigenous Groups, Indigenous Knowledges or Indigenous Land. This policy does not replace Memorial University’s policies Ethics of Research Involving Human Participants and Integrity in Scholarly Research, or any Research Review associated with this policy.

Definitions

Committee on Ethical Research Impacting Indigenous Groups (CERIIG): A Memorial University committee consisting of Memorial Indigenous faculty members, staff and students, as well as Indigenous community partners who have been selected and approved to serve. CERIIG is established by a committee consisting of members of the Vice-President’s Advisory Committee on Indigenous Affairs and the Associate Vice-President (Indigenous Research) or delegates.

Community Engagement: A process of developing respectful and reciprocal relationships between researcher(s) and the Indigenous community directly involved in an Indigenous Research project or/and have rights and stake in such a project. The Chapter 9 of TCPS2 (2022) conceptualizes ‘community engagement’ as “a process that establishes an interaction between a researcher (or a research team) and the Indigenous community relevant to a research project” (p.150).

Community Engagement can be in a form of an Indigenous Group’s review and approval of Indigenous Research; Indigenous Groups’ commitment to actively participate and collaborate in the Research; an Indigenous Group authority member agreeing to be a co-applicant or a collaborator in Indigenous Research; signing of a formalized agreement between the Indigenous Group and Memorial University; or phone call or an e-mail from the Indigenous Group indicating the Indigenous Research project may proceed (see Procedure For Obtaining Evidence of Community Engagement for details).

Notes:

• A community’s confirmation that the Indigenous Research may proceed is not a substitute for ethics approval, if required;
• Community Engagement also includes the rights of communities to choose not to engage actively in Indigenous Research, but simply to acknowledge it and register no objection to it;
• Where there is community objection to Indigenous Research, such objection needs to be addressed to the satisfaction of the community group prior to Indigenous Research commencing.

Concept Development Phase (CDP): Activities carried out to define an Indigenous Research project, including developing a research idea, hypothesis or research question, defining the project scope, identifying potential partner(s) and/or collaborator(s), identifying potential funder(s) and developing documents such as a project plan, methodology, budget and timeline.

Elder(s): A bestowed venerated status earned in the community for exemplary life worthy of emulations by others and not simply ascribed by age (as in elderly) or socio-economic class. It is a generative concept anchored in geography and cultural locations. Elders offer guidance in communal affairs and are custodians of communal knowledge, cultural practices and spiritual beliefs. They are responsible for performing ceremonies and transmitting the knowledge of the Indigenous Land to the next generations. Elders are community leaders and are key participants in all aspects of the research process, essential for results understanding and sharing, and guides for appropriate behaviour (see TCPS2, 2022).

Evidence of Community Engagement (ECE): at the Concept Development Phase (CDP): A first step in a longer engagement that indicates that the principles, concepts and premises of the Research have been reviewed by appropriate representatives in an Indigenous Group and the Indigenous Group agrees for the Research to proceed to the next step. 

Note: When applying for REB (ethics) clearance, researchers doing community engagement need to provide evidence of engagement (TCPS2, Ch. 9, Article 9.10). ECE to satisfy RIIG could be the same as provided for REB clearance.

Indigenous Group(s): May be formal groups with governing leaders, rural or urban, made of one main identity or multicultural. In the Canadian context, the term ‘Indigenous Peoples’ typically refers to persons of First Nations, Inuit or Métis descent, regardless of where they reside or if their names appear on an official register (TCPS2, 2022). They also include Indigenous Peoples on all continents, from the Arctic to the Pacific, Asia, Africa and the Americas (United Nations Human Rights, 2013, p.22).

Indigenous Land(s): Following the TCPS2, Land covered under Indigenous title, including reserves, Métis settlements and other Indigenous Lands governed under a self-government agreement or an Inuit or First Nations Land claim agreement. RIIG recognizes that in some cases and situations the definition of Indigenous Lands goes beyond what is captured under TCPS2.

Indigenous Knowledges: Bodies of knowledges emerging from the shared voices, experiences, history, cultures and viewpoints of Indigenous Peoples over generations because of sustained attachments to the land, culture and nature. They are diverse bodies of knowledges grounded in the Indigene as the subject knower. They are appropriately termed local, traditional and cultural resource knowledge and are treasured and held in highest esteem by community members.

Indigenous Research: This definition is informed by the Tri-agency’s TCPS2, Chapter 9: Research Involving the First Nations, Inuit and Métis Peoples of Canada and Indigenous Peoples elsewhere. Specifically, for the purpose of this policy, Indigenous Research is defined as:

1.  Research conducted on First Nations, Inuit or Métis lands in Canada, and other Indigenous communities on all continents, from the Arctic to the Pacific, Asia, Africa and the Americas (United Nations Human Rights, 2013, p.2);
2. recruitment criteria that include Indigenous identity as a factor in any aspect of the Research;
3. Research that seeks input from participants regarding an Indigenous community’s cultural heritage, artifacts, traditional knowledge or unique characteristics;
4. Research in which Indigenous identity or membership in an Indigenous community is used as a variable for the purpose of analysis of data or in the creation of survey tools; and
5. interpretation of Research results that will refer to Indigenous communities, peoples, language, history or culture.

Indigenous Research does not include Secondary Research as defined in this policy.

TCPS2 Chapter 9 Article 9.2 provides additional guidelines on where Community Engagement is appropriate.

Involving: Drawing on the language of TCPS2, 2022, Chapter 9.2, the word “Involving” in this policy is operationalized as follows:

1. Research involving First Nations, Inuit or Métis people of Canada who comprise a significant proportion of the larger community that is the subject of research – even if no Indigenous-specific conclusions will be made;
2. Research directly recruiting First Nations, Inuit and Métis of Canada regardless of where they reside and whether their names appear on an official register or not (TCPS2, 2022),as well as Indigenous groups from elsewhere and where Indigenous-specific conclusions are intended;
3. Research directly involving a community known to include significant membership of Indigenous Peoples on all continents, from the Arctic to the Pacific, Asia, Africa and the Americas” (United Nations Human Rights, 2013, p.23) and where Indigenous-specific conclusions are intended;
4. Research involving Indigenous Knowledges;
5. Research on Indigenous Land, which the Research project or/and outcomes will directly affect the Indigenous Group.

Knowledge Keeper(s): Someone who holds Indigenous Knowledges and is responsible for how to care for these teachings and when it is and is not appropriate to share with others.

Memorial Researcher: Any individual, under the auspices of Memorial University, who is involved in the intellectual direction, control and/or conduct of Research. Regardless of heritage or identity or whether they are paid or unpaid, this includes: faculty; staff; visiting scholar; adjunct; emeritus; honorary research professor; executive in residence; postgraduate, graduate, undergraduate and unmatriculated students at any level; and instructors. When a Memorial Researcher is among a larger group based at another institution or other institutions, and are not the principal investigator of a project, they are responsible for their part of the work following this policy including any papers or datasets their names or work will appear in.

Peer Advisory Group on Indigenous Research Relationships (PAIRR): An advisory group that addresses questions, provides guidance and expertise, and makes recommendations to Memorial Researchers engaging in Indigenous Research.

Research-Creation: As adopted from the Social Sciences and Humanities Research Council, Research-Creation refers to an approach to Research that combines creative and academic Research practices, and supports the development of knowledge and innovation through artistic expression, scholarly investigation, and experimentation. The creation process is situated within the Research activity and produces critically informed work in a variety of media (art forms). Research-Creation cannot be limited to the interpretation or analysis of a creator’s work, conventional works of technological development, or work that focuses on the creation of curricula.

Research Ethics Board (REB): A body of researchers, community members and others with specific expertise (e.g., in ethics, in relevant research disciplines) established by an institution or by government legislation (such as HREA Act) to review the ethical acceptability of all research involving humans conducted within the institution’s jurisdiction or under its auspices.

Research: An undertaking intended to extend knowledge through a disciplined inquiry and/or systematic investigation (TCPS2). This excludes Secondary Research, though Secondary Use of Data is considered applicable as Research for the purpose of this policy. Research also excludes relationship building, recruitment, conferences, workshops or dissemination of Research where no new information is collected.

Research Review: A process designed by Indigenous Groups to ensure best practices in ethical and respectful Research engagement with Indigenous Groups. These may be formal (such as through an REB or research permission committees) or informal and are determined by each Indigenous Group, government, nation or governing body.

Secondary Research: Investigation conducted with material that is already published and public, including fiction and nonfiction texts, historical records, government documents, academic papers and museum artifacts. Secondary Research must still abide by principles outlined in TCPS2.

Secondary Use of Data: Use of non-anonymous information or human biological materials originally collected for a purpose other than the current Research purpose, in which Indigenous Peoples, groups, nations or tribes can be identified. This includes all data held by formal data custodians. This may include “open” data.

Policy

1. Principles of Research Involving Indigenous Groups

1.1 Memorial University requires that Research Involving Indigenous Groups be designed and carried out in a manner that is respectful, responsible, mutually-beneficial and ethical. This policy requires Memorial Researchers conducting Indigenous Research to engage with the appropriate individual(s) and Indigenous Group(s) to promote ongoing consent and collaboration throughout the Research paying attention to Indigenous communities’ cultural protocols, interests and priorities. The intent of this policy is to nurture academic responsibility and integrity, as well as to encourage new and better ways of conducting research on Indigenous Lands, with Indigenous peoples, and in Indigenous communities.

1.2 By its nature, Research often requires adherence to a variety of applicable professional, ethical and legal requirements. Such requirements may be in addition to those set out in this policy, and nothing in this policy is intended to preclude, limit or affect such requirements.

2. Community Engagement at the Concept Development Phase

2.1 Indigenous Research requires engagement with applicable, discernible Indigenous Groups at the Concept Development Phase (CDP). Memorial Researchers shall demonstrate evidence of how the appropriate representatives of the Indigenous Group(s) were involved in developing and shaping the proposed Research idea from its inception and how they will be engaged throughout the entire research endeavor. The nature and extent of engagement will be determined jointly by the Researcher and the relevant Indigenous Group(s) and will be appropriate to the Indigenous Groups’ characteristics, protocols and Research Review, as well as the nature of the Research.

2.2 ECE must be obtained prior to beginning any Indigenous Research.

2.2.1 In the case of funded research, ECE normally shall be obtained prior to seeking funding for Indigenous Research.

2.2.2 Where Memorial Researchers have not obtained ECE documentation prior to a funding deadline, they must provide a satisfactory detailed plan to obtain ECE and demonstrate progress towards attaining ECE, acceptable to the Associate Vice-President (Indigenous Research) or delegate. See Procedure for Obtaining Evidence of Community Engagement.

2.3 Memorial will not allow unrestricted performance of Indigenous Research until ECE has been presented.

2.4 ECE does not guarantee ongoing consent, ongoing agreement or participation. Ongoing engagement is necessary to conduct Indigenous Research.

2.5 Research Review and ECE are in addition to individual consent from research participants and any approvals required by Memorial’s Ethics of Research Involving Human Participants policy and related procedures, and other existing ethics, permits and permission procedures.

2.6 Classroom and course-based Indigenous Research shall follow this policy’s principles of Research Involving Indigenous Group. (For guidelines to be used by students, see the Procedure for Obtaining Evidence of Community Engagement).

2.7 In cases of collaborative Research projects which involve Researchers at multiple institutions, if the lead Researcher is at Memorial University the entire project falls within the RIIG policy.

2.8 When a Memorial Researcher is among a larger inter-institutional team and is not the principal investigator or lead of a project, then they are responsible for ensuring their part of the project/work follows the RIIG policy, including any papers or datasets their names or work will appear in.

3.0 Seeking Evidence of Community Engagement (ECE)

3.1 ECE is collective and may require agreement from diverse community members, including research staff of an Indigenous Group, Elders, Knowledge Keepers, councils and other leaders and knowledge holders. Researchers must become familiar with which group(s) and representatives within their partner Indigenous Group(s) have the authority to give ECE and must always pursue the highest existing authority set up by communities for Research matters.

Unless the applicable Indigenous Group had indicated a different protocol of engagement, the authority to decide on research matters will be as follows in descending order:

1. An Indigenous Research Review process or REB designated by the Indigenous Group(s).If there is none or this is not applicable, only then should ECE be sought through:
2. Smaller groups/communities within the nation/governed area can provide ECE but the final authority rests with the formal governing body. If there is no formal governing body or this is not applicable, only then should ECE be sought through:
3. An Elder within the nation/governed area who can give ECE if a-b are not applicable;
4. A formal or informal body made up of or representing Indigenous Group(s) (example, a Native Friendship Centre) if the Research only involves employees from or/and users of that Centre.

3.2 The Committee on Engaging Research Involving Indigenous Groups (CERIIG) is responsible for providing approval for Research proposals only if the above groups a-d do not exist; an Indigenous Group is not identifiable or discernible at a given stage of the Research; or in cases of Research involving non-contactable Indigenous Group(s).

3.3 CERIIG does not individually or collectively represent Indigenous Groups. CERIIG approval reflects its view that the Research proposal includes best practices and ethical standards in terms of Indigenous Research.

3.4 Nations and Indigenous governing bodies normally do not have the ability to provide ECE for their members outside of a land claim or formal governance area. In the case of urban groups, who may be diverse and from many different Indigenous backgrounds, a single government or even collection of several governments/governing bodies may not represent them. In such a case, groups outlined (3.1 a-d) are to be used where available. If none, researchers may then use the Committee on Engaging Research Impacting Indigenous Groups (CERIIG).

3.5 Where Research involves two or more Indigenous Groups (see ‘Involving’ above in Definitions section), ECE must be obtained from all Groups. If this cannot be obtained, the project must be adapted accordingly. If coordinated ECE cannot be obtained from all the involved Indigenous Groups, Research can only be conducted with the Indigenous Group(s) that offered ECE.

4.0 Exemptions

4.1 These activities are exempt from this policy: recruiting Indigenous students or speakers; expressing one’s Indigenous culture or identity (as in Research Creation); and relationship-building, conferences, workshops, events, or dissemination of Research where no new information is collected for the purpose of further Research.

Note: In cases where a project involves Research activities and non-Research activity, this policy applies.

4.2 In the case where a student’s work is part of their supervisor’s Research that has ECE, then that student’s work falls under the supervisor’s ECE.

4.3 ECE is not required at the initial stages of applying for scholarship or fellowships. However, ECE is required prior to beginning Indigenous Research.

4.4 Where Research is initiated by an Indigenous Group themselves, which may involve persons employed by the University, ECE can be deemed obtained by providing documentation of that arrangement.

4.5 Where Indigenous participation is incidental rather than intended, Community Engagement is not required. This refers to cases of Research that incidentally involves a small proportion of Indigenous individuals but is not intended to single out, or describe, characteristics of Indigenous people, and which is not designed to collect Indigenous-specific data. However, it should be noted that including markers of Indigenous identity in data collection may reveal anomalies that warrant further, more targeted research, which, if followed up, would require Community Engagement (see TCPS2, 2022 Chapter 9.7).

5.0 Ongoing Engagement

5.1 Researchers should ensure there is ongoing engagement with Indigenous Groups involved in their Indigenous Research through the life span of the project.

5.2 If the Indigenous Research project changes from that which was developed during the CDP and for which there was ECE provided, discussion among the Research team and relevant Indigenous Group(s) is needed to re-affirm support for the modified Indigenous Research project. The Memorial Researcher must obtain updated ECE documentation and engage with appropriate resources to assist with efforts to amend or update those documents (with the appropriate Indigenous Group(s) and within Memorial, such as Research Initiatives and Services (RIS) and the Associate Vice-President (Indigenous Research).

5.3 Indigenous Groups have the right to suspend their ongoing engagement with Memorial or a Memorial Researcher at any time.

5.4 Memorial Researchers must immediately notify the Associate Vice-President (Indigenous Research) in writing if an Indigenous Group or body suspends their ongoing engagement in the Research. The Associate Vice-President (Indigenous Research) shall investigate the suspension request and provide direction of the next line of action following such investigation.

6.0 Committee on Engaging Research Involving Indigenous Groups (CERIIG)

6.1 When there are no existing or feasible ways for appropriate Indigenous Groups (3.1) to provide ECE for Indigenous Research, the Committee on Engaging Research Involving Indigenous Groups (CERIIG) shall have authority to grant consent to proceed with the Research.

6.2 The direction of CERIIG must be sought and followed in cases of Secondary Use of Data where avenues of, or requirements for, ECE are unclear.

6.3 CERIIG’s consent to proceed is not representational consent, but acknowledgement that the reviewed Research meets requirements of this policy, TCPS2 and best principles of Indigenous Research.

7.0 Peer Advisory Group On Indigenous Research Relationships (PAIRR)

7.1 The Peer Advisory Group on Indigenous Research Relationships (PAIRR) is the central support for Memorial Researchers seeking best practices, advice and guidance for conducting ethical and impactful Indigenous Research. PAIRR may help Memorial Researchers to ensure that Indigenous Research meets the requirements of this policy, as well as TCPS2 Chapter 9 and other principles of ethics and respect.

7.2. The Vice-President (Research) or delegate establishes PAIRR. The group is made up of Memorial Researchers and affiliates who have been recommended by Indigenous communities.

Note: United Nations Human Rights (2013). Indigenous peoples and the United Nations Human Rights System. New York, NY: United Nations Human Rights Office of the High Commissioner José Martínez Cobo in his “Study of the problem of discrimination against Indigenous populations” identified the following criteria to help define Indigenous groups: 1. Historical continuity with pre-invasion and/or pre-colonial societies that developed on their territories; 2. Distinctiveness; 3. Non-dominance; and 4. A determination to preserve, develop and transmit to future generations their ancestral territories and identity as peoples in accordance with their own cultural patterns, social institutions and legal system (United Nations Human Rights, 2013, p.2). In addition, the United Nations Permanent Forum on Indigenous People has added the following criteria to that of Jose Martinez Cobo: 5. A strong link to territories and surrounding natural resources; 6. distinct social, economic or political systems; 7. and distinct language, culture and beliefs (United Nations Human Rights, 2013, p.2).

Note: United Nations Human Rights (2013). Indigenous peoples and the United Nations Human Rights System. New York, NY: United Nations Human Rights Office of the High Commissioner. José Martínez Cobo in his “Study of the problem of discrimination against Indigenous populations” identified the following criteria to help define Indigenous groups: 1. Historical continuity with pre-invasion and/or pre-colonial societies that developed on their territories; 2. Distinctiveness; 3. Non-dominance; and 4. A determination to preserve, develop and transmit to future generations their ancestral territories and identity as peoples in accordance with their own cultural patterns, social institutions and legal system (United Nations Human Rights, 2013, p.2). In addition, the United Nations Permanent Forum on Indigenous People has added the following criteria to that of Jose Martinez Cobo: 5. A strong link to territories and surrounding natural resources; 6. distinct social, economic or political systems; 7. and distinct language, culture and beliefs (United Nations Human Rights, 2013, p.2).

Related Documents

• TCPS2—Chapter 9: Research Involving the First Nations, Inuit and Métis Peoples of Canada
• CHIR Guidelines for Health Research Involving Aboriginal People
• United Nations Declaration on the Rights of Indigenous Peoples
• Memorial University Statement on Research Involving Indigenous Groups

Procedures: