The recent media attention regarding the development project in Peggy’s Cove has generated a lot of discussion in both Mi’kmaw and non-Mi’kmaw communities. As many know, Peggy’s Cove is a beloved and iconic part of Nova Scotia, and one of the province’s most popular tourist areas. The Province of Nova Scotia and Government of Canada are investing $3.1 million to support the construction of an accessible viewing deck to ensure a safer, more accessible and engaging experience for visitors, business operators and residents. However, concerns were raised by Mi’kmaw community members about the potential impacts of this development from an archaeological and cultural tourism perspective. Just before Christmas 2020, the KMK Consultation Department became aware of this development project and thanks to recommendations from our Archaeology Department, we were able to see work stopped on this site until proper archaeological work was done. Since that time, our office has been working with the Mi’kmaq Native Friendship Centre, Mi’kmaw Tourism representatives, Develop Nova Scotia and the local region’s Member of Legislative Assembly (MLA) to further examine these concerns. The situation with Peggy’s Cove puts a spotlight on the conversations we have been having for years… where are the Mi’kmaw in the development of Nova Scotia’s tourism sector?
As noted in some of our previous articles, we have been on a journey to establish our own governance and protection of Mi’kmaw traditional knowledge and culture, but none of this work exists in a vacuum. We, as Mi’kmaw, have a reputation for establishing friendly and civil relationships with our neighbours and colleagues, a long and proud legacy passed down from our ancestors, long before the Peace and Friendship Treaties of 1760. Despite our long history of colonization, we have retained our Mi’kmaw values and traditions and with the Truth and Reconciliation Commission’s (TRC) final report in 2015, the Calls to Action have obligated governments and corporations to shift they way they have historically conducted their business. TRC Call to Action #43 calls for the adoption and implementation the United Nations Declaration on the Rights of Indigenous People (UNDRIP) as the framework for reconciliation.
UNDRIP is a great document developed over a 20 year period, by Indigenous peoples from around the world, to embody the most important rights our ancestors long fought for: our right of self determination, our right to own and control our lands, territories and resources, and our right to free, prior and informed consent, among others. UNDRIP was adopted by the UN General Assembly in 2007 and endorsed by Canada in 2010.
Article 31 of UNDRIP states:
“Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies, and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.”
Article 32 of UNDRIP further states:
“States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.”
These articles are so significant. We have rights and those rights are protected, and clearly articulated within UNDRIP (not to mention Canada’s Constitution Act of 1984.) And with those rights, come obligations for the State (the government) to support and protect those rights. We see clearly from these important legal instruments that it is no longer acceptable for governments and corporations and businesses to continue their colonial “business as usual” approaches without us.
In 2017, the Province of Nova Scotia acknowledged this obligation, and also their desire to do things differently. Nova Scotia’s Culture Action Plan clearly outlines a commitment to working with the Mi’kmaw of Nova Scotia. Theme 1 in the Action Plan is “Promote Mi’kmaw Culture” and notes that “the story of Nova Scotia begins with Mi’kmaw Culture.” This document calls for a host of actions to acknowledge and support Mi’kmaw interpretation and ownership of Mi’kmaw culture and enhance opportunities for Mi’kmaq cultural expression through collaboration.
So… back to Peggy’s Cove. It is clear that the objective to “Promote Mi’kmaw Culture” was not part of the Peggy’s Cove development plan from the onset. Develop Nova Scotia has team of dedicated employees who believe passionately in the work they do to create beautiful spaces for residents and visitors alike to enjoy this incredible province. I also know, from having spoken to many of their staff, that Develop Nova Scotia staff value Mi’kmaw culture and want to ensure we are involved and visible in these important initiatives. While our cultural approach and way of doing business may not always align, the Province knows their legal obligations regarding Mi’kmaw consultation. This situation shows how all departments, regardless of what their ‘usual’ interaction with the Mi’kmaq is, must always strive to do better. There is no question – we do better by collaborating, building relationships and educating all Nova Scotians together. In today’s evolving world, there is always room for all parties at the table, and opportunities for Mi’kmaw and non-Mi’kmaw alike to thrive and benefit from the unlimited potential of cultural tourism within Nova Scotia.
Thanks to the Mi’kmaw community members who expressed concerns and the efforts of all parties, Mi’kmaw representatives, botanists and other experts will be working together with Develop Nova Scotia to ensure that the Peggy’s Cove development plan accommodates the protection of sacred and significant sites. We also have a commitment that we can work together to explore opportunities for the Mi’kmaq to share in the ‘visitor’s experience’ to ensure our Mi’kmaw culture and history are showcased and incorporated into the plans.
This one example highlights the increasing need to have resources that we can use to help to shift these conversations. The Authentic Mi’kmaw Cultural Tourism Guidelines for Nova Scotia have now been drafted to both share and protect Mi’kmaw cultural knowledge, based on information and feedback gathered from interviews with Mi’kmaw Elders, Knowledge Keepers, community leaders, artists, crafters, and tourism operators and including discussion about Mi’kmaw songs, dances, traditional stories, history, traditional images, and other cultural ceremonies and practices.
The Guidelines outline key findings and considerations for developing authentic Mi’kmaw cultural tourism experiences and products, as well as a checklist that includes both mandatory requirements and recommendations for best practices. In addition, we are exploring guidelines for Mi’kmaw and non-Mi’kmaw tourism business collaborations, the obligations for Mi’kmaw engagement and protocols in non-Mi’kmaw tourism ventures, and regulatory and enforcement considerations.
By: Shannon Monk, KMK