DISSEMINATION OF OPEN GEOSPATIAL DATA UNDER THE OPEN GOVERNMENT LICENCE-CANADA THROUGH OCAP® PRINCIPLES

OCAP® PRINCIPLES AND FIRST NATIONS OPEN GEOSPATIAL DATA

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• The Firelight Group: Introduction • Open Government • Open Data • Open Government Data • Indigenous Data Sovereignty • OCAP® (Ownership, Control, Access, and

Possession) • A Situated Approach • OCAP® in Practice • Recommendations: Best Practices

OVERVIEW

THE FIRELIGHT GROUPCOMMUNITY-BASED RESEARCH

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ABOUT USThe Firelight Group is the leading community-based research consultancy that works with Indigenous communities across North America to provide evidence-based research to support Indigenous rights and interests. We provide comprehensive and holistic services throughout all stages of the impact assessment process.

C O M M U N I T Y - B A S E D R E S E A R C H

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OUR SERVICESComprehensive Impact Assessment Research

LAND USE CARTOGRAPHY ECOLOGY IMPACT ASSESSMENT

IBA HEALTH PLANING SOCIO-EC

ONE OPEN

DATA OPEN

GOVERNMENT

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W H A T I S O P E N G O V E R N M E N T ?OPEN GOVERNMENT• Open Government is a movement towards improving service

delivery, making information more accessible, and supporting initiatives that build public trust in government

• Concept that citizens have the right to access government data, documents, and proceedings to allow for effective public oversight

•Open Government encompasses three principles: •Transparency: the public understands the workings of their

government; •Public engagement: the public can influence the workings

of their government by engaging in governmental policy processes and service delivery programs

•Accountability: the public can hold the government to account for its policy and service delivery performance

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W H A T I S O P E N G O V E R N M E N T ?OPEN DATA• Open data a cornerstone of Open Government • Definition: “Open data and content can be freely used, modified, and shared by anyone for any purpose” (http://opendefinition.org)

• Principles: • Availability and Access • Re-use and Redistribution • Universal Participation

OPEN GOVERNMENT DATA�9

W H A T I S O P E N G O V E R N M E N T ?

•Data produced or commissioned by government or

government controlled entities

•Data which is open as defined in the Open Definition:

•Open means anyone can freely access, use, modify, and

share for any purpose (subject, at most, to requirements

that preserve provenance and openness).” (https://

opendefinition.org)

•Open Government Data creates:

• transparency

•social and commercial value

•participatory governance

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W H A T I S O P E N G O V E R N M E N T ?OPEN GOVERNMENT DATA

D R I V E I N N O V A T I O N

C I T I Z E N E N G A G E M E N T

E F F I C I E N T G O V E R N M E N T

E C O N O M I C O P P O R T U N I T I E S

A D V A N C E A C C O U N T A B I L I T Y

D E M O C R A T I C R E F O R M S

E F F E C T I V E G O V E R N M E N T

C I T I Z E N P A R T I C I P A T I O N

OPEN DATA�11

• The Open Government License-Canada is a

copyright license for Crown Copyright works

published by the Government of Canada

• Approved and adopted the Open Government

Licence-Canada in 2013

• Attribution Statement: Contains information

licensed under the Open Government Licence

– Canada

O P E N G O V E R N M E N T L I C E N C E - C A N A D A

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OPEN GOVERNMENT• The Open Government License-Canada is a copyright

license for Crown Copyright works published by the

Government of Canada

•Approved and adopted the Open Government Licence-

Canada in 2013

•Attribution Statement: Contains information licensed under

the Open Government Licence – Canada

O P E N G O V E R N M E N T L I C E N C E - C A N A D A

“Canada grants to the licensee a non-exclusive, fully paid, royalty-free right and licence to exercise all intellectual property rights in the data. This includes the right to use, incorporate, sublicense (with further right of sublicensing), modify, improve, further develop, and distribute the Data; and to manufacture or distribute derivative products.”

OPEN GOVERNMENT�14

• Fundamental need to situate Open Government

within a reconciliatory framework

• Government must “respect and promote the

inherent rights of Indigenous peoples which derive

from their political, economic and social structures

and from their cultures, spiritual traditions, histories,

and philosophies, especially their rights to their

lands, territories, and resources.” (UNDRIP 2007).

• Possibility for Indigenous Peoples to contribute to

and benefit from open government data

2 0 1 8 - 2 0 2 0 N A T I O N A L A C T I O N P L A N

OPEN GOVERNMENT�15

• Issue to be Addressed: Policies and laws impacted

Indigenous Peoples and their cultures, heritage,

and languages

• Commitment: Engage with Indigenous Peoples to

explore an approach to reconciliation and open

government

• Milestones:

• Work with Indigenous Peoples to advance

open government

• Build capacity for Indigenous Nations and

organizations

• Identify ways for improved transparency

around consultation and engagement

R E C O N C I L I A T I O N A N D O P E N G O V E R N M E N T

TWOINDIGENOUS

DATA SOVEREIGNTY

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D A T A A C T I V I T I E S A N D I N D I G E N O U S P E O P L E SINDIGENOUS DATA

E X T E R N A L E N T I T I E S

N O C O N T R O L O V E R D A T A

L A C K O F R E S P E C T F U L R E L A T I O N S H I P

P R O T O C O L S , V A L U E S , A N D P E R S P E C T I V E E X T R A C T I V E P R I O R I T I E S

P O O R D A T A , P O O R Q U A L I T Y

F R E E , P R I O R , A N D I N F O R M E D C O N S E N T

T A K E N O U T O F C O N T E X T

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“In the past, Aboriginal people have not been consulted about what information should be collected, who should gather that information, who should maintain it, and who should have access to it. The information gathered may or may not have been relevant to the questions, priorities and concerns of Aboriginal peoples. Because data gathering has frequently been imposed by outside authorities, it has met with resistance in many quarters.”

- Report of the Royal Commission on Aboriginal Peoples (1999)

FNIGC�19

• Incorporated non-profit organization; special mandate from AFN

• Committed to improving the health and well-being of First Nations people living in our 634 communities across Canada

• Every First Nation will achieve data sovereignty in alignment with its distinct worldview

• Assert data sovereignty and support the development of information governance and management at the community level through regional and national partnerships. Adhere to free, prior and informed consent, respect nation-to-nation relationships, and recognize the distinct customs of Nations

F I R S T N A T I O N S I N F O R M A T I O N G O V E R N A N C E C O U N C I L

OCAP®�20

• Created because there is no law or concept in Western society that recognizes First Nations rights and interests in their data and information

• OCAP® principles inform First Nations data governance

• Ownership, Control, Access, Possession • Emerged from a backdrop of harmful and

intrusive research relationships between First Nations and external entities in Canada

• Reflects a Fist Nations’ view of jurisdiction and collective rights

• Unique to each First Nation or region • Name and Logo registered trademark of First

Nations Information Governance Council

O W N E R S H I P, C O N T R O L , A C C E S S , A N D P O S S E S S I O N

OCAP®�21

• Ownership: First Nations community or group owns information collectively in the same way that an individual owns his or her personal information

• Control: First Nations are within their rights in seeking to control all aspects of research and information management processes that impact them. First Nations control of research can include all stages of a particular research project-from start to finish

• Access: First Nations must have access to information and data about themselves and their communities regardless of where it is held

• Possession: Possession is the mechanism by which data ownership can be asserted and protected

O W N E R S H I P, C O N T R O L , A C C E S S , A N D P O S S E S S I O N

OCAP®�22

• Increased spatial dimension of open government data

• Unique frame to explore the benefits, limitations, and contradictions

• Determine the ethical and reconciliatory tensions between OCAP® and Open Government Licence-Canada for First Nations open geospatial data

• Explore recent applied approaches to Indigenous data sovereignty and First Nations open geospatial data in resource management projects

• Provide recommendations for best practices to respect OCAP® for open government geospatial data

O C A P ® , O G L - C , A N D O P E N G E O S P A T I A L D A T A

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D A T A A C T I V I T I E S A N D I N D I G E N O U S P E O P L E SINDIGENOUS DATA

D A T A A S A S T R A T E G I C R E S O U R C E

D I G I T A L I N F R A S T R U C T U R E A N D C A P A C I T Y

D A T A C O M M O N S A N D O P E N D A T A

OCAP® AND OGL-C�25

• Barriers: • Must consider historical and cultural context of

data collection • Data used against First Nations • OCAP® promotes right and jurisdiction over

data; First Nations lose control over data when their geospatial data released under the OGL-C

• Opportunity: • Increase interest to develop partnerships for

geospatial research that supports and reflect First Nations’ needs and priorities

• OCAP® emerged from Nation-to-Nation partnership

• Data released on a data spectrum

D A T A A S A S T R A T E G I C R E S O U R C E

OCAP® AND OGL-C�26

• Barriers: • Lack of digital infrastructure impacts capacity to

benefit from and contribute to open geospatial data initiatives

• Lack of geospatial capacity (insufficient funding, hardware, software, or support)

• Opportunity: • OCAP® and capacity building are intertwined • Data sovereignty is about controlling all aspects

of data collection, use, and storage • Support geospatial capacity development • Work with First Nations to enhance access to

digital infrastructure (i.e., broadband)

D I G I T A L I N F R A S T R U C T U R E A N D C A P A C I T Y

OCAP® AND OGL-C�27

• Barriers: • First Nations experience a multitude of data

governance issues; inundated by data requirements from external entities

• OCAP® expresses a Nation’s unique worldview and protocols in relation to data governance

• Different concepts of data-sharing and ownership; guided by customary law, social norms, and protocols

• Opportunity: • Work with First Nations to develop First Nations-

specific Open Government Licencing

D A T A C O M M O N S A N D O P E N D A T A

THREECASE

STUDIES

EXCHANGE FOR LOCAL OBSERVATIONS AND KNOWLEDGE OF THE ARCTIC

OCAP® IN PRACTICE�30

Data Sovereignty • Indigenous Nations as co-creators and co-

collaborators in data initiatives • Data-sharing and user agreements to be

informed by the Indigenous Nation’s customs, laws, and social norms

• Data collection, use, and disclosure is controlled by the Indigenous Nation

• Indigenous Nations control access to local observations and data contained in a respective database

• Indigenous Nations decide what data can be widely available and what data is sensitive

• Data and information must be taken in context 

C O L L A B O R A T I O N T H R O U G H D A T A M A N A G E M E N T

OCAP® IN PRACTICE�31

Data Sovereignty • Data collection, use, distribution, and analysis is

based on ongoing collaborative, community-based initiatives

• The confidentially and sensitivity of Indigenous Knowledge requires data management, sharing and access principles based on Indigenous Nation protocols, ethics, and customary law

• Indigenous Nations retain control over who can access data, how data are analyzed, forms of data, and how data is managed

• Understand Indigenous Nations as sovereign bodies, thereby promoting Indigenous data sovereignty

C O L L A B O R A T I O N T H R O U G H D A T A M A N A G E M E N T

MACKENZIE DATASTREAM

OCAP® IN PRACTICE�33

Data Sovereignty • DataStream data management policies and

practices are rooted in OCAP® principles • Data contributors maintain ownership over

datasets through open data licence • DataStream uses Open Data Commons licences

to determine intellectual property rights over data and databases

• Attribution License (ODC-By) V1.0 • Public Domain Dedication and License

(PDDL) • Datasets do not contain any information of a

sensitive nature • Possible exemption from the open data licence

for sensitive data

C O M M U N I T Y - B A S E D W A T E R M O N I T O R I N G

OCAP® IN PRACTICE�34

Lessons Learned • Community-based data must be community-led • Indigenous Nations can benefit from the

collection, use, and distribution of data • Open Data Commons Attribution License V1.0 • Genuine collaboration must extend beyond a

public goal or objective

C O M M U N I T Y - B A S E D W A T E R M O N I T O R I N G

BEST PRACTICES TO OPERATIONALIZE OCAP®

MOVING FORWARD

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QUESTIONS?