As part of its 2023 activities and ongoing commitment to reconciliation, FIPA staff were privileged to attend the National Gathering on Unmarked Burials: Affirming Indigenous Data Sovereignty and Community Control over Information and Knowledge. This gathering was one of the first organized by Kimberly Murray as the Independent Special Interlocutor. Murray is broadly empowered to take part in conversations with Survivors, Indigenous families, and communities who are leading the Sacred work of recovering the missing children and unmarked burials. As highlighted:
I have been told that Survivors, Indigenous families and communities are experiencing barriers to accessing the records that are needed to identify the location of unmarked burials and identities of the missing children. Many are directed to navigate time-consuming and complex legal regimes relating to privacy and access laws and are required to enter into legal agreements to obtain the records. This has, in some cases, led to months and even years of delay.
Kimberly Murray
Learn more about the Special Interlocutor and gathering here.
National Gathering on Unmarked Burials: Affirming Indigenous Data Sovereignty and Community Control over Information and Knowledge
As the Office of the Special Interlocutor called for open submissions FIPAs Gage Smith drew from his research on Leading Language to draft the following.
From this expanded research, there are simple steps that Provincial Governments can act upon to address issues that have been identified.
In Summary
Current access and privacy frameworks are too general and fail to adequately address the needs of search and recovery work.
Governments can implement alternative legal frameworks or provisions if the records requested are relevant to search and search and recovery work. The Québec Act provides just one example.
Current frameworks remain overcomplicated and confusing for many applicants.
It is incumbent upon a public body to maintain a transparent information inventory that enables requestors to more rapidly understand what information the public body holds, and for bureaucrats to know what they are reasonably expected to create use and retain.
Current frameworks mandate complaint and review processes by officials who may be unaware of how complaints should be evaluated in the context of search and recovery work.
Specialized review, appeal, and investigation processes for requests relevant to search and search and recovery work are relevant.
There is a lack of consultation with Indigenous communities by lawmakers when developing legislation that impacts access and privacy rights of Indigenous peoples and which affects search and recovery work.
Pursuant to the principle of Indigenous data sovereignty, the drafting of any legislation that impacts the data rights of Indigenous peoples should only be carried out after consulting with Indigenous representation.
It is the hope of everyone here that this submission contributes to at least one family’s healing process, even in a small way.
There are lots of ways to work with us or act as an Academic Advisor. We are always open to making our research results better so be sure to provide any feedback and constructive criticism regarding this publication and its methodology to FIPA at fipa.bc.ca .
