The goal of this declaration is to remind the public about Canada's legal and ethical obligat... more The goal of this declaration is to remind the public about Canada's legal and ethical obligations with respect to First Nations sacred sites on which human remains of cultural and spiritual significance are interred and the fundamental priority of First Nations community rights in such circumstances. The declaration emerged from a focus group at a recent IPinCH gathering that discussed issues that frame the recognition and protection of heritage sites of special significance, especially burial sites and sacred sites.
Abstract: The cultural knowledge of Aboriginal communities has been a long-time interest of socia... more Abstract: The cultural knowledge of Aboriginal communities has been a long-time interest of social scien-tists. More recently, researchers from natural sciences and biotechnology have also taken an interest in “traditional knowledge”, for example, knowledge about medicinal plants. Research that involves the cultural knowledge of Aboriginal communities — especially that with perceived commercial value — is demanding an understanding on the part of all university researchers and university administrations of both ethical and legal issues, as well as how research ethics and intellectual property ownership policies are interrelated. While research ethics and intellectual property ownership policies in Canada are both evolving to meet the demands of new and complex situations, a key question is whether they are evolving in isola-tion of one another — and if so, where continued divergent evolution leads. This paper examines the cur-rent state of ethical research guidelines and intellectua...
The cultural knowledge of Aboriginal communities has been a long-time interest of social scientis... more The cultural knowledge of Aboriginal communities has been a long-time interest of social scientists. More recently, researchers from natural sciences and biotechnology have also taken an interest in “traditional knowledge”, for example, knowledge about medicinal plants. Research that involves the cultural knowledge of Aboriginal communities — especially that with perceived commercial value — is demanding an understanding on the part of all university researchers and university administrations of both ethical and legal issues, as well as how research ethics and intellectual property ownership policies are interrelated. While research ethics and intellectual property ownership policies in Canada are both evolving to meet the demands of new and complex situations, a key question is whether they are evolving in isolation of one another — and if so, where continued divergent evolution leads. This paper examines the current state of ethical research guidelines and intellectual property ow...
The role of phytochemicals as ecological mediators of interrelationships between humans and plant... more The role of phytochemicals as ecological mediators of interrelationships between humans and plants was explored. Specifically, antimicrobial properties of plants were examined in the context of traditional plant use as food and/or medicine by the Secwepemc (Shuswap) Aboriginal peoples of south central British Columbia. The research was conducted in collaboration with the Secwepemc Cultural Education Society (Kamloops) as part of a larger ethnobotanical research program. The first component of the study involved the screening for antimicrobial activities in vitro of sixty-eight plant species used by the Secwepemc to treat microbial-based conditions. Extracts of eighty-eight percent of plant species examined had antibacterial activity, seventy-five percent had antifungal activity and twenty-five percent had antiviral activity. Based on the screening results and additional ethnobotanical information, Balsamorhiza sagittata (Pursh) Nutt. (Asteraceae), commonly called balsamroot, was sel...
Cultural heritage management within the scope of law and policy necessitates a fluid understandin... more Cultural heritage management within the scope of law and policy necessitates a fluid understanding of both the tangible and intangible elements underpinning cultural resources, as well as a broader appreciation for what might be considered ‘law.’ While the tangible components of cultural heritage have been privileged due to their ability to be quantified and tracked, we argue that without recognizing the intangible dimensions of heritage, tangible “cultural property” or “heritage” has little or no meaning or value. A new set of management strategies for intangible cultural heritage is needed; in this follow-up piece we consider some of the overarching issues that frame developments in IP and professional heritage management and guide efforts to resolve or avoid problems encountered as such. We also explore the legal and ethical dimensions of IP, as well as the collaborative research approaches that constitute good practice.
… intellectual property rights: legal obstacles and …, 2004
... 297 Page 320. KELLY P. BANNISTER their impacts. In ... country. Too often researchers have he... more ... 297 Page 320. KELLY P. BANNISTER their impacts. In ... country. Too often researchers have heard these stories without listening, listened without acting, and acted without listening again. It is time to break that cycle"(Kelm 1998: xxiii). In ...
... 297 Page 320. KELLY P. BANNISTER their impacts. In ... country. Too often researchers have he... more ... 297 Page 320. KELLY P. BANNISTER their impacts. In ... country. Too often researchers have heard these stories without listening, listened without acting, and acted without listening again. It is time to break that cycle"(Kelm 1998: xxiii). In ...
The goal of this declaration is to remind the public about Canada's legal and ethical obligat... more The goal of this declaration is to remind the public about Canada's legal and ethical obligations with respect to First Nations sacred sites on which human remains of cultural and spiritual significance are interred and the fundamental priority of First Nations community rights in such circumstances. The declaration emerged from a focus group at a recent IPinCH gathering that discussed issues that frame the recognition and protection of heritage sites of special significance, especially burial sites and sacred sites.
Abstract: The cultural knowledge of Aboriginal communities has been a long-time interest of socia... more Abstract: The cultural knowledge of Aboriginal communities has been a long-time interest of social scien-tists. More recently, researchers from natural sciences and biotechnology have also taken an interest in “traditional knowledge”, for example, knowledge about medicinal plants. Research that involves the cultural knowledge of Aboriginal communities — especially that with perceived commercial value — is demanding an understanding on the part of all university researchers and university administrations of both ethical and legal issues, as well as how research ethics and intellectual property ownership policies are interrelated. While research ethics and intellectual property ownership policies in Canada are both evolving to meet the demands of new and complex situations, a key question is whether they are evolving in isola-tion of one another — and if so, where continued divergent evolution leads. This paper examines the cur-rent state of ethical research guidelines and intellectua...
The cultural knowledge of Aboriginal communities has been a long-time interest of social scientis... more The cultural knowledge of Aboriginal communities has been a long-time interest of social scientists. More recently, researchers from natural sciences and biotechnology have also taken an interest in “traditional knowledge”, for example, knowledge about medicinal plants. Research that involves the cultural knowledge of Aboriginal communities — especially that with perceived commercial value — is demanding an understanding on the part of all university researchers and university administrations of both ethical and legal issues, as well as how research ethics and intellectual property ownership policies are interrelated. While research ethics and intellectual property ownership policies in Canada are both evolving to meet the demands of new and complex situations, a key question is whether they are evolving in isolation of one another — and if so, where continued divergent evolution leads. This paper examines the current state of ethical research guidelines and intellectual property ow...
The role of phytochemicals as ecological mediators of interrelationships between humans and plant... more The role of phytochemicals as ecological mediators of interrelationships between humans and plants was explored. Specifically, antimicrobial properties of plants were examined in the context of traditional plant use as food and/or medicine by the Secwepemc (Shuswap) Aboriginal peoples of south central British Columbia. The research was conducted in collaboration with the Secwepemc Cultural Education Society (Kamloops) as part of a larger ethnobotanical research program. The first component of the study involved the screening for antimicrobial activities in vitro of sixty-eight plant species used by the Secwepemc to treat microbial-based conditions. Extracts of eighty-eight percent of plant species examined had antibacterial activity, seventy-five percent had antifungal activity and twenty-five percent had antiviral activity. Based on the screening results and additional ethnobotanical information, Balsamorhiza sagittata (Pursh) Nutt. (Asteraceae), commonly called balsamroot, was sel...
Cultural heritage management within the scope of law and policy necessitates a fluid understandin... more Cultural heritage management within the scope of law and policy necessitates a fluid understanding of both the tangible and intangible elements underpinning cultural resources, as well as a broader appreciation for what might be considered ‘law.’ While the tangible components of cultural heritage have been privileged due to their ability to be quantified and tracked, we argue that without recognizing the intangible dimensions of heritage, tangible “cultural property” or “heritage” has little or no meaning or value. A new set of management strategies for intangible cultural heritage is needed; in this follow-up piece we consider some of the overarching issues that frame developments in IP and professional heritage management and guide efforts to resolve or avoid problems encountered as such. We also explore the legal and ethical dimensions of IP, as well as the collaborative research approaches that constitute good practice.
… intellectual property rights: legal obstacles and …, 2004
... 297 Page 320. KELLY P. BANNISTER their impacts. In ... country. Too often researchers have he... more ... 297 Page 320. KELLY P. BANNISTER their impacts. In ... country. Too often researchers have heard these stories without listening, listened without acting, and acted without listening again. It is time to break that cycle"(Kelm 1998: xxiii). In ...
... 297 Page 320. KELLY P. BANNISTER their impacts. In ... country. Too often researchers have he... more ... 297 Page 320. KELLY P. BANNISTER their impacts. In ... country. Too often researchers have heard these stories without listening, listened without acting, and acted without listening again. It is time to break that cycle"(Kelm 1998: xxiii). In ...
Recently a heated dispute arose over proposed residential property development on Grace Islet on ... more Recently a heated dispute arose over proposed residential property development on Grace Islet on British Columbia’s south coast—an ancestral Coast Salish burial site where human remains and 16 burial cairns have been documented. . This case has revealed deep divisions between heritage holders, land owners, and heritage policy makers in the province, and it highlights the need for new modes of intervention when more traditional methods of heritage protection are ineffective. We use the Grace Islet case as an entry point to consider the broader challenge of protecting First Nations heritage sites in British Columbia. Our goal was to encourage greater understanding of the underlying causes of such conflicts and to support the reform of provincial heritage policies and practices such that they better reflect the importance of recognizing and protecting First Nations heritage values. In addition to examining the deeper and broader roots of the Grace Islet conflict and other similar conflicts, we highlight one strategy employed in our intervention—the creation and promotion of a new declaration calling on the protection of Indigenous burial grounds as sacred sites and cultural landscapes—and reflect on the utility of such an approach.
Recently a heated dispute arose over proposed residential property development on Grace Islet on ... more Recently a heated dispute arose over proposed residential property development on Grace Islet on British Columbia’s south coast. This case has revealed deep divisions between heritage holders, land owners, and heritage policy makers in the province, and it highlights the need for new modes of intervention when more traditional methods of heritage protection are ineffective. We use the Grace Islet case as an entry point to consider the broader challenge of protecting First Nations heritage sites in British Columbia. Our goal was to encourage greater understanding of the underlying causes of such conflicts and to support the reform of provincial heritage policies and practices such that they better reflect the importance of recognizing and protecting First Nations heritage values. In addition to examining the deeper and broader roots of the Grace Islet conflict and other similar conflicts, we highlight one strategy employed in our intervention—the creation and promotion of a new declaration calling on the protection of Indigenous burial grounds as sacred sites and cultural landscapes—and reflect on the utility of such an approach.
Uploads
Papers by Kelly Bannister
2015, The SAA Archaeological Record 15(4): 41–47.