ON-SCREEN PROTOCOLS & PATHWAYS:

HEADING

A Media Production Guide to Working with

First Nations, Métis and Inuit Communities,

Cultures, Concepts and Stories

May 15, 2019

PREPARED FOR

imagineNATIVE

401 Richmond St. West, Suite 446

Toronto, Ontario

M5V 3A8

www.imagineNATIVE.org

This report was funded with the support of:

The Canada Media Fund, The National Film Board of Canada, Ontario Creates, Telelm Canada, Creative BC and

the Inspirit Foundation provided funding for this study. Any opinions, ndings, conclusions or recommendations

expressed in this material are those of the author and do not necessarily reect the views of the funders or the

governments which they represent. The Government of Canada, the Government of Ontario and their agencies

are in no way bound by the recommendations contained in this document.

This report was commissioned by imagineNATIVE and written by independent consultant Marcia Nickerson.

This report was funded with the support of:

The Canada Media Fund, The National Film Board of Canada, Ontario Creates, Teleﬁlm Canada, Creative

BC and the Inspirit Foundation provided funding for this study. Any opinions, ﬁndings, conclusions or

recommendations expressed in this material are those of the author and do not necessarily reﬂect the views of

the funders or the governments which they represent. The Government of Canada, the Government of Ontario

and their agencies are in no way bound by the recommendations contained in this document.

This report was commissioned by imagineNATIVE and written by independent consultant Marcia Nickerson.

This report was funded with the support of:

The Canada Media Fund, The National Film Board of Canada, Ontario Creates, Teleﬁlm Canada, Creative

BC and the Inspirit Foundation provided funding for this study. Any opinions, ﬁndings, conclusions or

recommendations expressed in this material are those of the author and do not necessarily reﬂect the views of

the funders or the governments which they represent. The Government of Canada, the Government of Ontario

and their agencies are in no way bound by the recommendations contained in this document.

This report was commissioned by imagineNATIVE and written by independent consultant Marcia Nickerson.

This report was funded with the support of:

The Canada Media Fund, The National Film Board of Canada, Ontario Creates, Teleﬁlm Canada, Creative

BC and the Inspirit Foundation provided funding for this study. Any opinions, ﬁndings, conclusions or

recommendations expressed in this material are those of the author and do not necessarily reﬂect the views of

the funders or the governments which they represent. The Government of Canada, the Government of Ontario

and their agencies are in no way bound by the recommendations contained in this document.

This report was commissioned by imagineNATIVE and written by independent consultant Marcia Nickerson.

This report was funded with the support of:

The Canada Media Fund, The National Film Board of Canada, Ontario Creates, Teleﬁlm Canada, Creative

BC and the Inspirit Foundation provided funding for this study. Any opinions, ﬁndings, conclusions or

recommendations expressed in this material are those of the author and do not necessarily reﬂect the views of

the funders or the governments which they represent. The Government of Canada, the Government of Ontario

and their agencies are in no way bound by the recommendations contained in this document.

This report was commissioned by imagineNATIVE and written by independent consultant Marcia Nickerson.

This report was funded with the support of:

The Canada Media Fund, The National Film Board of Canada, Ontario Creates, Teleﬁlm Canada, Creative

BC and the Inspirit Foundation provided funding for this study. Any opinions, ﬁndings, conclusions or

recommendations expressed in this material are those of the author and do not necessarily reﬂect the views of

the funders or the governments which they represent. The Government of Canada, the Government of Ontario

and their agencies are in no way bound by the recommendations contained in this document.

This report was commissioned by imagineNATIVE and written by independent consultant Marcia Nickerson.

This report was funded with the support of:

The Canada Media Fund, The National Film Board of Canada, Ontario Creates, Teleﬁlm Canada, Creative

BC and the Inspirit Foundation provided funding for this study. Any opinions, ﬁndings, conclusions or

recommendations expressed in this material are those of the author and do not necessarily reﬂect the views of

the funders or the governments which they represent. The Government of Canada, the Government of Ontario

and their agencies are in no way bound by the recommendations contained in this document.

This report was commissioned by imagineNATIVE and written by independent consultant Marcia Nickerson.

CONTENT

ACKNOWLEDGEMENTS 3

FORWORD 4

HOW TO USE THIS DOCUMENT 5

Purpose Of On-Screen Protocols 6

Narrative Sovereignty 7

This Is Not A Map 9

Screen-Based Protocols Principles 10

Respect 10

Responsibility 1 1

Reciprocity 12

Consent 12

Overview of Indigenous Storytelling Consent Process 13

1. Working on Indigenous Lands 14

a. Cultural and Territorial Protocols 15

b. Recognizing Indigenous Jurisdiction 16

2. Working with Indigenous Content 16

a. Nothing about us without us 16

b. Valuing of Indigenous cultural and intellectual property 17

c. Ensure that you obtain the proper consent and permission 18

d. Individual life stories 19

e. Sensitive subject matter 25

g. Meaningful collaboration 26

3. Working in Indigenous Communities 30

a. Building respectful relationships based on trust 30

 b.Outliningtheintentoflm,howitwillbeusedandhowwidelyitwillbedistributed 31

c. Hiring a community liaison 34

 d.Developingcommunitybenetsandcapacityagreements 34

e. Script development 38

4. Working with Indigenous Crew or Cast 39

a. Paying of actors and community members 39

b. Sensitizing non-Indigenous crew 39

5. Working with Archival Materials 42

 a.Useofarchivesinanewlm 42

 b.Archivingmaterialsassociatedwithalm 43

c. Virtual Reality accessibility and archival 43

CONTENTS

6. Releases 46

7. Marketing & Distribution Strategies 47

IMPLEMENTING PROTOCOLS 48

Working in the Context of Reconciliation and Nation-to-Nation 48

Moving Forward 49

National and Public Funding 50

Film Commissions 52

Festivals / Showcases 52

Unions 52

APPENDIX A: CONTEXT FOR SCREEN PROTOCOLS IN CANADA 53

Historical Underpinnings 53

Cultural Genocide 53

Cultural Appropriation 55

Indigenous Culture and Intellectual Property (ICIP) 57

Free,Prior&InformedConsent 60

UNDRIP and Narrative Sovereignty 61

Reframing Relationships 61

Ownership,Control,Access,&Possession 62

APPENDIX B: RESOURCES FOR COMMUNITIES 63

Developing Community Protocols 63

Questions to ask when working with Screen Producers 65

Developing Reciprocity Agreements 66

Basic Information on Stages of Production in Television and Film 66

Stages of Production 66

Key Creative Positions 67

Unions and Guilds in the Canadian Film and Television Production Sector 68

Releases 69

Etiquette for Filming in First Nation Communities 69

Sample Code of Conduct 69

Sample Protocol for Respectful Action on Set 71

Sample Filmmaker’s Code of Professional Responsibility 71

Sample Community Safety Protocols 73

BIBLIOGRAPHY / RESOURCES 76

ACKNOWLEDGEMENTS

Firstandforemost,imagineNATIVEwouldliketoexpressmuch

gratitude to the members of the national protocols advisory for

theirguidance,expertise,andgenerosityofspirit:

AlanisObomsawin,LorettaTodd,JesseWente,LisaJackson,Greg

Younging,HankWhite,JeanFrancoisObomsawin,Stephan

AgluvakPuskas,AletheaArnaquq-Baril

Also many thanks to the many screen content creators that

participated throughout the process. There were upwards of 25

one-one-oneinterviewswithIndigenousscreencreators,coupled

withadditionalengagementsessionsinWinnipeg,Vancouver,

Toronto,Montreal,Iqaluit,andSaskatoon,aswellasayouthfocus

group facilitated by Wapikoni Mobile. Conversations were often

emotionalanddifcult;stillcreatorsmanagedtosharetheir

expertise,wisepractices,andexperiences.Thisdocumentstrives

torepresentthendingsofthenationalconsultationandcapture

the voices within.

This document also incorporates and integrates the initial research

conducted for imagineNATIVE by Maria De Rosa and Marilyn Burgess

fromCommunicationsMDR:“DevelopingaMediaProduction

GuidetoWorkingwithFirstNations,MétisandInuitCommunities

inCanada:ABackgroundReport.”

WewouldliketoacknowledgeDarleneNaponse,BarbaraHager,

Art Napoleon and Huw Eirug who provided sample documentation

for community use in order to build community capacity and

literacy in the screen sector.

Special thanks to those who helped to facilitate spaces and faces

throughouttheconsultationprocess,including:HuwEirugand

theNunavutFilmCommission,OdileJoannetteandWapikoni,

RogerBoyerandtheWinnipegIndigenousFilmSummit,

AlexandreNequadoandTerresenvues/LandInSight,Michellevan

BeusekomandTheNationalFilmBoard,theIndependentMedia

ArtsAlliance,CreativeBC,andCreativeManitoba.

Andnally,gratitudetothefundersthatmadethedevelopment

oftheprotocolspossible:TheCanadaMediaFund,TheNational

FilmBoardofCanada,OntarioCreates,TelelmCanada,Creative

BC,andtheInspiritFoundation.

ThisguideisdedicatedinlovingmemoryofGregYounging,a

member of the Indigenous Advisory Committee who had a

profound commitment to and impact on the community.

Marcia Nickerson

FORWARD

The document has been years in the making and on behalf of imagineNATIVE I sincerely thank everyone

thatbroughtthisreporttofruition.InourworkatimagineNATIVEwehavewitnessedrst-handthe

importance,impact,andvitalityofIndigenousnarrativesovereigntyandtheurgentneedtosupport

Indigenous screen storytellers.

On-ScreenProtocols&PathwayswasinspiredbytheremarkableIndigenousartists,leaders,andcommunity

memberswhohaveperseveredinthescreenindustryfordecades,andwhohaveclearedthepathsthat

have brought us to this point in time. It was also inspired by the work of Terri Janke who developed Screen

Australia’s protocols document.

It is my deepest hope that this framework – in concert with the progressions that are being undertaken

to support Indigenous screen storytellers – is a step towards ensuring a vital Indigenous screen sector for

generations to come.

Ourinitialvisionwastocreateapositive,forward-thinkingframeworkthatwouldguideproductionsand

funders to ensure Indigenous property was protected and to ensure that negative on-screen stereotypes

were not perpetuated. Thanks to the brilliance of the National Advisory and the Indigenous screen storytellers

that participated in the consultations – along with Marcia Nickerson – this document has become

so much more.

Jason Ryle

Executive Director

imagineNATIVE

HOW TO USE THIS DOCUMENT

Becauseoftheuniquecultural,socialandhistoricalcontextof

theburgeoningIndigenousScreenindustry,severaldifferent

audienceswereidentiedforthepurposeofthisdocument.It

attemptstospeaknotonlytoIndigenousscreencontentcreators,

butalsotolargerindustrystakeholders,non-Indigenouscontent

creators,andIndigenouscommunitiesthatmaybeinvolved

in production.

Section One: Using Protocols

This section is geared towards sharing the best practices

developed by Indigenous screen storytellers to provide guidelines

forworkingwithIndigenouscontent,conceptsandcommunities.

Ultimately this document is about showing the production

community how to work with Indigenous communities in a

positive,mutuallybenecial,andpracticalway.

Section Two: Implementing Protocols

This section provides a context and illustrates some of the ways

fundingbodies,broadcastersandindustrypartnerscanassistin

the promotion and implementation of the protocols. The protocols

areonlyeffectiveifthestandardsreectedthereinareadopted

bythelargerindustry,inamannerthataffectspolicyand

funding decisions.

Appendix A: Context for Screen Protocols in Canada

This section serves to educate non-Indigenous production

companies and gatekeepers about Indigenous worldviews with

regardtoculturalgenocide,culturalappropriationandcultural

property rights.

Understanding this history of colonization and the legal under-

pinnings of narrative sovereignty is key to understanding the

worldview of Indigenous communities and storytellers. It also

outlines relationship principles that are indicative of Indigenous

communities’ expectations around relationships moving forward.

Appendix B: Resources for Communities

This section is meant to serve Indigenous communities that are

facedwithincomingproductions,providingbasicinformationon

production,questionstoaskabouttheimpactsofproductionand

sample materials they can adopt into the development of their

own protocols.

Moving Forward

It is important to acknowledge that these protocols are not

meanttoberigid,andthatovertimeandpracticewillchange.

TheprotocolswillbehousedwithintheIndigenousScreenOfce

andareconsidereda“livingdocument”thatwillbereviewed,

updatedandeditedinconsultationwithstakeholders,onan

ongoing basis.

HOW TO USE THIS DOCUMENT

PURPOSE OF ON SCREEN PROTOCOLS

TherearethreedistinctIndigenouspeoplesinCanada:Inuit,Métis,

andFirstNations;with50-oddindividualnations,wellover600

FirstNationsreserves,fourInuitregions,eightconstitutionally

protectedMétissettlements,and,accordingtoStatisticsCanada,60

Indigenouslanguages.Assuchthereareasmanyvaryingnation,

territorial,andcommunityprotocols.Theseincludeculturaland

territorialprotocols,waysofgivingandreceivingtraditionalknowledge,

practicesofgifting,andpoliticalprotocolswithestablishedgovernments

(whethertheybeIndianActbands,self-governingentities,or

nationalandprovincialorganizationssuchastheMétisNationof

Ontario). Examples of existing Indigenous protocols in Canada are

numerousandspecictonations,communities,andcultures.

In the absence of legislation protecting traditional and cultural

knowledge,protocolsservetoprovideguidelinesofpractice.Protocols

havebeendevelopedinIndigenousnations,bothnationallyand

internationally,forthepurposesofacademicresearch,sharingof

informationanddata,engagingwithcommunities,aswellaslming

Indigenous communities or Indigenous content. It is impossible to

citethemall,andthereforeincumbentuponthecontentcreatorto

determine where protocols and jurisdiction over stories and content

vest.Asaresult,onlythepathwaystofacilitatethenavigationof

these protocols are found within this document.

“Recognizethatprotocolisnotaxed

thing;itisauidandchangingthing

andwillvaryfromcommunityto

community,frompersontoperson;

itisnotasetofrulesyoucanfollow.”

— Lindsay McIntyre, Filmmaker

The On-Screen Protocols & Pathways: A Media Production Guide to

Working with First Nations, Métis and Inuit Communities, Cultures,

Concepts and Stories is for use by screen-storytellers and production

companieswishingtofeatureFirstNations,MétisorInuitpeople,

contentorconcepts(traditionalorcontemporarycultures,knowledge

orintellectualproperty)intheirlms,televisionprogramsanddigital

media content.

Theintentindevelopingthismediaproductionguideisto:

•providedecision-makingguidelinesforcommunities,content

creators,fundingbodies,andindustrypartners;

•sharebestpracticesdevelopedbyIndigenousscreenstorytellers;

•educatescreencontentcreators,productioncompaniesandgate-

keepersaboutIndigenousworldviews,culturalandpropertyrights,

andtheprotectionofIndigenousculturalpractices;andnally,

•toencourageinformed,respectfuldialoguebetweencommunities,

contentcreators,andproductioncompanies.

NARRATIVE SOVEREIGNTY

Afterwhatamountstooverahundredyearsofculturalgenocide,

culturalrepression,culturalappropriation,andmisrepresentation,

IndigenousscreencreatorsinCanadastrivefor“narrativesovereignty”.

With the Canadian government adoption of the United Nations

DeclarationontheRightsofIndigenousPeoples(UNDRIP),which

provides an ethical and human rights framework for Indigenous

rights,ithassetthestageforongoingdiscussionsofrenewed

nation-to-nation relationships.

AkeyrststepinresettingtherelationshipbetweentheCrown

and Indigenous peoples involves taking stock of and recognizing

the legacy of colonial policies such as the Indian Act and the

Residential School program. These policies have eroded many

Indigenousnations’governanceinstitutionsandpractices,left

alegacyofintergenerationaltraumawithinIndigenouscommunities,

and threatened the survival of Indigenous languages and cultures

- the basis of Indigenous identity and nationhood… many Indigenous

leaders echoed former Akwesasne Grand Chief Mike Mitchell’s

sentiments:“Mylanguage,mysong,myspiritualbeliefs;thatismy

sovereignty,that’smyidentity.

”

Protocols provide appropriate and ethical ways of working with

Indigenousculturalmaterial,andinteractingwithIndigenouspeople

and their communities. The protocols that follow stem from best

practices in Canada and are meant to serve as both guidelines and

an initial collection of Indigenous industry standards developed by

Indigenouspeoples.Andwhileprotocolsthemselvesmaydiffer,the

pathways that Indigenous screen storytellers use to navigate these

protocols have overwhelming similarities.

The best practices and stories within are shared with the spirit and

intentwithwhichtheyweregiven.Accordingtorespondents,theidea

of these protocols is intimately linked with the decolonization of

Indigenous practices and addressing the western structures that are

imposed on Indigenous screen-storytellers. Decolonizing practices

includesdevelopingproductionmodelsthat“allowustobemore

Indigenous”,inawaythatmoreadequatelyreectsculturesand

creativepractices,whileallowingproprietarymatterstoourish.These

protocols are not intended to create barriers for Indigenous creators

byprovidinganexactingframework;however,theintentisto

commence the development of Indigenous industry standards

within the context of existing barriers.

“WhenItalkaboutnarrativesovereignty,

whatI’mreallytalkingaboutistheability

ofthenationstohavesomemeasure

ofcontroloverthestoriesthataretold

aboutthemselves...Throughoutthe

entirehistoryoflmmaking,theover-

whelmingmajorityofstoriestoldabout

Indigenouspeoples–bothctionaland

documentaries–havebeentold

bynon-Indigenouspeople.

”

— Jesse Wente,

Director, Indigenous Screen Ofce

NARRATIVE SOVEREIGNTY

AsiscurrentlyreectedinFrenchandEnglishCanada,Indigenous

creators strive to assert their own sovereignty as one of the three

founding nations. Culture is a fundamental underpinning of sovereignty

andidentity,andforthepurposeoftheseprotocols,recognitionof

Indigenous ownership and control over their rights to their intellectual

and cultural property and heritage is paramount. Sovereign

nations must have control over own stories. To assure sovereign

notionsandsupporttrulyIndigenousprojects,Indigenouspeoplesmust:

• have decision making control over the funding and the

creativesidesofproduction;

•protectCulturalPropertyRightsandinterests;and

•ensureappropriateconsents,accessto,andcontrolof

Cultural property.

Film,television,andotherscreenmediaarepracticesincultural

re-generation,bothindepictingthemodernreectionsofchanging

cultures and in preserving traditional cultural practices and stories.

Making Indigenous screen-based media is about more than creating a

unique cultural (or niche) product - it is part of the process of cultural

expression and revitalization. Indigenous screen storytellers seek to

honourtheirpeople’sjourneyandndabalancebetweenhistorical

and ongoing injustices while looking forward to the future and sharing

the story of the strength of their people.

This is one of the reasons that the concept of narrative sovereignty

is so important. It involves the creation of new narratives that are

oftenpredicatedonstoriesdepictingresilience-“inagoodway”,

“withagoodheart”,and“withagoodmind”.Narrativesovereignty

acknowledges these traditional teachings and applies them to

lmpractice.

Whilethevisionofnarrativesovereigntyisaspirationalatthispoint,

efforts to support the development of the Indigenous screen sector

and build the necessary capacity are underway and remain a focal

point for screen content creators.

The non-Indigenous production community should consider the

ways in which they can reinforce Indigenous narrative sovereignty

and what roles they can play to promote Indigenous cultural

industries,ratherthanreinventIndigenousstoriesintheirownimage.

THIS IS NOT A MAP

There was resounding consensus from participants during the

engagement process that these protocols should be considered

a living document and not serve as a static checklist on how to

makeproductionswithIndigenouscontent.Rather,theseprotocols

areintendedtoinformpolicies,processes,andpractices,butthey

are not a map for non-Indigenous practitioners to access Indigenous

stories.Inthisspirit,thefollowingchecklisthasbeen

developedfornon-Indigenouspractitioners:

•Ifitisnotrepresentativeofyourcultureorbackground;

•IfithasanythingtodowithIndigenoushistoryorculture;

• If you have to question your belongingness to a group

orcommunity;

• If you are uncertain your good intentions will deliver

balanceandrespect;or

• If you are unsure this is a story you should be

telling;then…

Don't Do It.

THIS IS NOT A MAP

“Wearebecominganotherresource.

Theyhavetakentimberandgoldand

shandnowtheywantourstories.

Theyarecontinuingtotakeourresources

andprotfromit.“

— Darlene Naponse, Filmmaker

“Ifyoureallyneedtohaveusinyour

story,tellthetruthofyourhistory,as

difcultasthatmaybe.Findthe

intersectionsoftruthinthehistoryof

settlers.ThereareasmanyIndigenous

storiesastherearesettlerstories.You

cannottellastorytruthfullyifyoudo

notcomefromthisplace.”

— Catherine Martin, Filmmaker

and Educator

SCREEN-BASED PROTOCOLS PRINCIPLES

The Indigenous teaching of respect is a traditional one that carries

forwardinallaspectsofcontentcreationandincludes:

•respectforIndigenouspeoples,theirlands,theircustomarylaws

andtraditions,isanoverarchingprincipleraisedbyallofthose

consulted;

• respect for the preservation and protection of Indigenous

knowledge and cultures is a key driving force for much Indigenous

contentcreation;

• respect is also about building relationships – which is a long process

– and the responsibilities that go along with those relationships.

SCREEN-BASED PROTOCOLS PRINCIPLES

Screen storytellers described the following principles as

fundamental to the execution of protocols.

Respect

“Respectisoftenbornoftransparency

andopencommunication.”

— Kevin Lee Burton, Filmmaker

RESPECT

CONSENT

RECIPROCITY

RESPONSIBILITY

SCREEN-BASED PROTOCOLS PRINCIPLES

It is also clear that Indigenous screen storytellers recognize an

inherent responsibility and accountability to community. Often

timestherstpriorityofIndigenouscreatorsiscommunitybased:

How will this affect community and the future generations? And

often with that comes the responsibility to respect the sacred

and prevent voyeurism. It was emphasized that responsibility to

communityexistsnotonlyon-location,butbefore,duringand

afterthelm.

Circle of Responsibility

Thus there is a fundamental mental shift required to shift thinking

from‘individualcreativefreedom/license’to“community

responsibility.”Asonerespondentexplained:Visualizeacircle

withcommunityontheoutside,andthelmontheinside.That

is the difference between creative responsibility and responsibility

to community.

Responsibility

“Whenyoucomefromacommunitythat

hasbeenso,notbeenunderrepresented

butMIS-representedforacentury,you

feelaresponsibilitytotellstoriesthat

matterandthatarenotjustentertaining.

Wecarryalotofresponsibilitywhetherit

isself-imposedorcommunityimposed.”

— Alethea Arnaquq-Baril, Filmmaker

“Letmerepeatthat–therstand

foremostresponsibilityistocommunity.”

— Shane Belcourt, Filmmaker

“Maybewearen’tmakingmoviesbecause

weliveinthemostbeautiful,untouched

landinNorthAmerica.Maybeitisn’teven

ourrichculturewithscaryandnuanced

mythscombinedwithadeephistoryof

oralstorytelling.Maybeit’sourresponsibility

thatdrivesustotellstories.

”

— Nyla Innuksuk, Filmmaker

;

FILM

TV SERIES

SCREEN-BASED

PROJECTS

SCREEN-BASED PROTOCOLS PRINCIPLES

Onecomponentof“reconciliation”iseconomicreconciliation.One

way to achieve this is through reciprocity. Reciprocity is a corner stone

in the creation of partnerships. Reciprocal relationships include

aspectssuchasfaircompensation,thesharingofbenets,informed

consent,andcommunityempowerment.

TheseProtocolselaborateonreciprocityagreements,demonstrating

some tangible ways with which communities can be empowered

and build capacity in ways that will have lasting social and economic

benets.Capacitybuildingisaboutmorethantraining,itisalso

about the economy of innovation and excellence which is achieved

throughfosteringtalent,validatingsocialandculturalvaluesthat

supportcreativityandinnovation,anddevelopmentofstructures

and processes to support this innovation.

Determining consent and ownership of oral traditions and stories

thataregiftedtoyouisoftenchallenging.Forexample,sometimes

you are given permission to share the story but the intellectual

propertyrightsstillvestwiththeoriginalkeeperofthestory,

whetherthatisafamily,acommunity,oranation.Dopeople

have the right to tell you that story? Where are all the places that

consent lies? Who controls or has the rights to the story and who

has the authority to give you permission? Determining consent is a

both a process of acknowledging and respecting.

Firstandforemost,consentisarstprincipleinvalidatingnations

and people who are trying to protect their heritage. You will note

throughout this document that consent and permissions vest in

a number of places and vary depending on the nature of the story

beingtold.Achievingconsent,particularlyforcollectivelyheld

stories,requiresconsultationbothatthebeginningofthestory

and throughout the process.

Consentalsomeansthatlmmakersmaybetoldno–maybeyou

cannotadaptitinthisway,maybeyouarenottherightperson

totellthestory,maybethestorycannotbechanged,maybeyou

cannot shoot where you want to shoot – you may not get permission

to do what you want to do.

Reciprocity

Consent

“Ultimatelyyouneedtounderstandwhere

thepermissionscomefrom,andthismay

bedifferentforeverycommunity.”

— Darlene Naponse, Filmmaker

SCREEN-BASED PROTOCOLS PRINCIPLES

ENGAGEMENT

RECIPROCITYPROTOCOLS

HONESTY

WISDOM

RESPECT • BRAVERY

HUMILITY• TRUTH

LOVE

• Seek Permission

• Face-to-Face Communication

• Working with Community

• Returning with Final Project

• Continuing Engagement

• Respect Teachings

• Do Not Share Stories/Teachings

Without Permission

• Ask for Permission to Utilize

Story/Teachings

• Ask about Protocols (do not distribute

until all is cleared and respected)

• Acknowledge Territory, Treaty, and

First Nation

• Acknowledge and translate from

original Indigenous Language if Spoken

• Recognize Story Origins

• Credit All Involved

• Giving Back to Community

• Growth in Community

• Recognize Compensation,

Rights/Credit

• Share with Others When Agreed

Overview of Indigenous Storytelling Consent Process

WORKING ON INDIGENOUS LANDS

1. WORKING ON INDIGENOUS LANDS

COMMUNITY

LEADERSHIP

PROTOCOLS

ON-SET

PROTOCOLS

CULTURAL

PROTOCOLS

TERRITORIAL

PROTOCOLS

CULTURAL &

INTELLECTUAL

PROPERTY

PROTOCOLS

WORKING ON INDIGENOUS LANDS

a. Cultural and Territorial Protocols

“Onecannotapplyoneprotocolacross

thecountrybecauseeachcommunity

hastheirownprotocolsandapproach.

Nationsdothingsdifferently,butthere

arethingswehaveincommon.”

— Duane Gastant Aucoin, Filmmaker

“Again,ifwe’vetryingtodecolonizethe

documentarythenwecanbringinour

ownformsofhowwetalkandhowwe

dobusinessandhowwedealwithone

another,andoneofthewayswedeal

withoneanotheristhatwehonourone

another,andthatoftencomesthrough

song.WheneverI’vebeentomeetingsor

aceremonyoraculturalgatheringthere’s

usuallyawelcomingsongorhonouring

songforthepeoplewhoareparticipating.

Thathonouringsonghonoursthepeople

whoaresharingtheirstories,andhonours

thepeoplewhohavearrivedtohearthe

stories.Thathonoursonghopefullycreates

arespectfulspacetostartthelmoffso

thatthepeoplewhoaretherewilllisten

andopentheirmindstothestoriesthey

areabouttohear.It’salsomywayof

honouringthepeoplewhohaveshared

theirstorieswithmetomakethelm.I’m

tryingtobringthosewaysofhowwedo

businessintothepracticeoflmmaking.

5”

— Loretta Todd, Filmmaker

Culturalprotocolsvaryacrossthecountry–sharingcircle,prayers,

feasts,useoftobacco,useoftalkingsticks–thesearealldependent

onterritoryandnation.Further,evensimilarceremoniessuchas

sweats will all have different protocols in each different region.

Furtherstill,basedonthestorythatyouaretelling,theprotocols

willchange.Consequently,itisimportantforcontentcreatorsto

determine and follow regional and community protocols.

Indigenous peoples in Canada remain the custodians of traditional

territories and ancestral lands and cultural protocols also apply

to accommodating territorial recognition where possible.

Cultural protocols often situate Indigenous languages and

peoplesbyacknowledgingtheirrelationshiptotheland.Again,

appropriate protocols are primarily determined by going into

each region and working directly with the community themselves.

The same must be said if you are in an urban area. How do you

determinewhatIndigenousterritoryyouareon?Forexample,

are you under a treaty? Are you in the traditional territory of

more than one nation?

WORKING WITH INDIGENOUS CONTENT

b. Recognizing Indigenous Jurisdiction

a. Nothing about us without us.

Recognizing Indigenous jurisdiction on Indigenous territory is

achieved by acknowledging that Indigenous people are the original

caretakers of the land by respecting and working with nation and

administrationprotocols.Quitesimply,thisisIndigenousland–

you would not enter someone’s land without permission.

Initialcontactshouldbemadethroughgovernmentofce,

whetherthatistheInuithamlet,MétisSettlement,orChiefand

CouncilofaBandOfce.TherearealsoLandManagementCouncils

that may have jurisdiction over a given area.

WhenworkingonIndigenouslands,itmaybenecessarytobuild

somecommunityliteracyaroundtheirreadiness,capacityand

rights regarding a production. Writing up early agreements and

preparingthecommunityforwhatwillhappenwithhugelm

crewsmayfacilitatethis.Elementsinclude:

•thedisruptingdailylife(roadclosures);

•needforpermissionstogotocertainplacesinthecommunity;

•coststoshootonreserve;or

• bonds with the community in case of damage.

FirstNationsfollowculturalprotocols,ceremoniesandancestral

laws to guide relationships and interactions in a good way. For

example,whenpeopleenteranotherNation’sterritory,thereare

protocolstoguidethatinteraction.Onthecoast,whenpeople

arrivebycanoe,aspeakerintroduceswheretheyarefrom,why

theyarethere,andformallyaskspermissiontocomeashore.

Thoseonshoreintroducethemselves,theirNationorclan,and

formally welcome them to shore. This may be followed by

businesstransactionswhichincludefeasting,oraldocumentation

ofrelationshipsandafrmingchangethatbenetsthecommunities.

Similartothefunctionofpoliciesandguidelines,whatwas

discussed and agreed upon became law.

‘‘Ifyouwantittohaverelevanceand

resonance–co-createandcollaborate.

Donotmakeitaconsultation–share

power,shareinuence,sharethewealth,

ofpower,ofcontrol–donotbesopossessive

ofit.’’

— Kevin Lee Burton, Filmmaker

‘‘InInuitsocietytraditionalleadershipis

auidthingandissituationspecic.

Wheresomeonehasmoreexperience

andknowledgethey,takethelead.

Whatarewedoing?Whohasthemost

knowledge?Whatistherole?Andwho

takesthelead?Itshiftswiththesituation.

Inanyeldyouneedtobeconstantly

assessingwhatyouaredoingandwho

shouldbeleading–youarenotalways

theonethatshouldbelistenedtoin

everysituation.Whensomeoneknows

betterthanyou,youhavethehumility

tobehandsoffandletsomeoneelse

anticipateallofthemoves.Trustthose

whoknowmorethanyou.’’

— Alethea Arnaquq-Baril, Filmmaker

2. WORKING WITH INDIGENOUS CONTENT

WORKING WITH INDIGENOUS CONTENT

b. Valuing of Indigenous Cultural and Intellectual Property

FromanIndigenousperspective,storyandlandandlanguage

are fundamentally interconnected. There is a science to story

and place that revolves around a relationship to territory and

language,steepedinoraltraditionsthatoftenstemfroma

relationship with the land. Oral traditions have allowed stories

andlegendstosurviveforhundredsofyears,andthushowthese

stories are told is integral to the perpetuation of Indigenous cultures.

Teachingsaroundculturaltransmissionareoftenveryspecic

regardingtheoriginofstoryandhowitistold.Forexample,

storytellersoftenbeginbyacknowledging:whotheyare,where

theywereborn,wheretheylearnedthestory,fromwho,and

wherethatpersonwasborn,andhowthestoryhasbeeninuenced.

Traditionalstorytellersareveryspecicabouthowandtowhom

teachingsmaybetold,andtrytoonlytelltheoneversionasthey

have learned word for word. This is how Indigenous stories have

survived,barelychangedacrossmanyregions.Thestories,legends

and songs are maintained by the way that they are told.

Indigenous screen storytellers and content creators are also in the

uniquesituationofprotectinglanguage,followingculturalprotocols,

and translating content from oral traditions to a more literal

environmentandpermanentmedium.Asaresult,mainstream

industry‐standardpracticescanbeatoddswithIndigenous

values and right to cultural expression. Indigenous writers and

directorsareoftenasked,aspartofthemainstreamindustry‐

standardpractice,tosignawaytheirstoryrightstoaccessfunding.

Indigenous storytellers have expressed concern that the mainstream

industrydoesnotunderstandtheirpointofview‐manyoftheir

stories belong to others within their communities or to nations

collectively‐whichcanhamperpotentialworkingrelationships

before they begin.

Industry standards and structures are heavily

ingrained–suchasthe3-pointnarrative,orparticularaesthetics

–andareoftencontrarytoIndigenousstorytelling;therefore

not conducive to the Indigenous worldview. Respect for cultural

heritageisafundamentalprincipleforIndigenouslmmaking

protocols. Content creators should recognize and respect Indigenous

people’s right to own and control their culture. Indigenous cultural

andintellectualpropertyrights,explainedfurtherinAppendixA,refer

to maintaining Indigenous cultural heritage by ensuring keeping

theculturalintegrityofanevent,storyorartwork.Integrityrefers

tothetreatmentgiventotheworkorlm.Screen-Storytellers

should also respect the right of Indigenous people to keep secret

andsacredtheirculturalsites,beliefs,knowledgeandimages.

Asappropriate,Indigenouspeopleshouldbeconsultedon,

compensated,andtheirconsentobtained,fortheuseoftheir

traditional or contemporary knowledge and cultures. The privacy

ofsacred,secretorsensitiveknowledge,cultureandobjects

should be respected.

Whetheritistheuseof:

•storiesandlegends;

•sacredobjects,sitesandknowledge;or

•ceremoniesandcelebrations;andrespectthespiritualprotocols

of regions. This includes knowing what knowledge or teachings

canbeshared,recordedordisseminated.Tothisend,screen

storytellersshould:

•learnaboutculturaldifferencesandtheprevalenceofceremony;

•learnwhatisappropriate,andwhatiscomfortable(eg.wearing

regaliaincertainsituationsoutsideofceremony);

•knowwhatshouldnotbelmed–evPotlatch,Sundance,sweat

lodge,waterceremony–orwhatcanbelmedbeginningand

afterversusduring;and

• ensure rights to culture and traditional knowledge should be

correctlyattributedandbenetsowingfromtheexploitationof

these should be shared

WORKING WITH INDIGENOUS CONTENT

It is helpful for any production to have some kind of Elder’s Council

toadviseandinputonallprojects,thatcanbecalledontohave

historical or cultural accuracy and identify anything inappropriate.

Thisresourceshouldalsobeadoptedintonancialstructuresas

an industry standard to recognize that Indigenous knowledge is

what makes these projects possible and feasible.

Respecting protocols extends to traditional knowledge on any

subjectmatter,includingfood.DuringproductionofQuest Out

West: Wild Food,creatorTraceyKimBonneauworkedwithtraditional

ecological elders to create a technical guide to determine what

should or should not be shown on television with respect to

traditional food and medicine. They were not only paid for their

contributions,theeldersapprovedthedocumentandmade

suggestions for carrying the work out. She also engaged an

expert on legal and appropriation for the technical sessions and

used a cultural consultant. This extensive pre-development was a

two-year process that required the use of company revenue to

ensure that the process was respectful.

Therearemanyentrypointstodeterminewhereproperconsentlies:

•startwiththegoverningNation;

•startwiththeprotocolsofce;

•startwiththeBandOfce(determineifyouneedaBandMotion);

•startwiththeTourismOfce;

•startwithTraditionalGovernors;

•startwithcommunityElders;or

• start with the language keepers.

The ethical process of consent begins with transparent discussion

and open negotiation which empowers the participants to know the

“risks,benets,andconsequences”ofwhatisbeingaskedofthem.

Someofthebestpracticesusedinestablishingconsentinclude:

•establishingasetofvaluesfortheproject;

•sharingstories(includingyourown),notsimplytakingstories;

•establishingacommunitysteeringcommittee(ifrequired);

•providingcommunitiesorsubjectswiththerstrightofview;and

• developing accessible legal information and forms.

“Itisasharedresponsibilitythatthese

storiesremainrespectfultotheoriginof

communitytheyexistwithin,wedonot

ahaverighttochangethesestoriesor

tellthemwithoutconsentoftraditional

knowledgesystems.Indigenous

communitiespractitionerscantelltheir

ownstories–theyaretheonesthatcan

workwiththeircommunitiestoensure

respectofprotocolsandideologies.’’

— Tracey Kim Bonneau, Producer

“Howdoyoudetermineiftheyaretalking

totherightpeople?Ifitisnotclearthen

theyarelikelynotthere.Thereneedsto

beclarityofconsentandpermission.”

— Jessie Short, Filmmaker

c. Ensure that you obtain the proper consent and permission.

WORKING WITH INDIGENOUS CONTENT

“Ownership”overstoriesorIndigenousculturalpropertyisaconcept

that extends beyond the individual to the community. In obtaining

proper consent keep in mind too that there are nation stories and

rights,communitystoriesandrights,andindividualfamilystories

and rights. When you are contemplating the use of oral histories

understand that there may need to be some limitations of where

or“co-creation”creditswithcommunitymembers.

“Oneindividualorfamilydoesnotspeak

fortherightfulrightsowners.Weneedto

makesurethattherightfulownersgivethe

permission.Forexample,IusedtheRaven

stealingsunstory.ImetwithaRavenclan

leaderandhewantedtohearthestory;

andafterItoldhimthestory,asIknowit,

hegavehisblessingsbecausethetelling

ofthestorieswasthesameheheardas

achild.Ihadtogetpermissionfromthe

Ravenclan,whoapprovedboththestory

andthenalproduct.TheTeslenhavea

traditionalknowledgepolicyforstories,

medicinesorteachings,soIalsometwith

heritagedepartmentwhotoensureallthe

conditionsaremet.Gettingverbalpermissions

usedtobethepractice.Thereshouldbea

moreformalandproceduralprocessto

permissions,withtheappropriateforms.”

— Duane Gastant Aucoin (Filmmaker),

on My Own Private Lower Post (2008)

It is important to acknowledge that not everyone follows tradition in

allcommunities–infact,somecommunitieshavecompetinginter-

estsbetweentraditional/nontraditionalpeoples–so,arespectful

approach means reaching out to both elected leaders and elders.

Further,itisimportanttounderstandthatconsultingwithoneelder

does not give you sign off or permission. Knowledge that may pass

away with an elder doesn’t necessarily belong on broadcast. This can

beparadoxical,evenforIndigenouscreators:Youmaywanttotake

theknowledgeyou’velearnedandshareitwithyourpeople,butyou

are not allowed.

Anotherprotocolisensuringthepersonsor“subjects”-evenin

narrativelmorlmadaptations–areokaywiththeportrayal;and

thatpeoplearebeingrepresentedastheyshouldbe,with

due diligence.

Screen storytellers acknowledge that documentary is a powerful

tool;andregardlessofgoodintentions,permissionshouldbe

sought in the beginning and throughout production to ensure

that what you are presenting is not exploitative and is accurate. In

fact,attimesindividualsarenottheownersofthestoryevenifit

isaboutpersonalexperience,suchasexperienceswithresidential

schools wherein entire communities were impacted. Ensuring

appropriate representation requires continuous engagement and

may be achieved by written agreement with participants to review

footageandprovidefeedback,providingbothbuy-inandtrust

around projects.

d. Individual life stories

WORKING WITH INDIGENOUS CONTENT

" When deciding on story you need to determine: 'Is this nation-owned? And if

so, then how do I get the permission?' I knew that The Cave would be contentious

because it is a nation-owned story with six communities and a number of

families. So I had to select a particular elder’s version of the story and make it

clear whose story I was adapting. In this particular case it was my great Uncle

Henry Solomon. Then I had to get permission from our Nation’s leadership.

You need to set up a system to allow for validation and state your intention or

vision with transparency: 'This is the story I am going to use'. There is potential

for a lot of contention within community so you need to make sure everyone is

aware of what you are doing and that you are communicating clearly. If I ever

wanted to use that story in another way, I am back to ground zero and must

again seek permissions".

—HelenHaig-Brown,Directoron?E?anx (The Cave) (2009)

WORKING WITH INDIGENOUS CONTENT

“Mostofmylmsaremadewithpeoplewhoarealreadyexperiencing

marginalization and oppression. So when asking people to participate,

I ensure that they know that this will be seen widely and publicly. Most

peopledonotactuallywanttobeinalmbuttheyaregoingthrough

something that they do not want others to go through. So I am told: ‘I will

do this because I don’t want any other mother to feel what I am feeling.’

Ispendtimetalkingaboutwherethelmisgoingtogoinorderto

prepare people and determine if they have supports in place for when

thelmgoespublicinordertohandletherepercussions.Thisrequires

a lot of negotiation around how to respectfully participate without

overstepping boundaries.

Andtherelationshipisnotdonewhenthelmisdone–ultimatelyyou

are committing to a long-term relationship with families, with people.

I spend time just listening to people and maintaining the relationship,

makingmyselfavailableiftheyhavequestionsorconcerns.

We are never dispassionate; this is never just a job.”.

—TashaHubbard,DirectoronBirth of a Family (2017)

WORKING WITH INDIGENOUS CONTENT

Holy Angels (2017) d. Jay Cardinal Villeneuve

WhiletheTRCreportandprocessiscomplete,Indigenouspeoplein

Canadaarestillworkingthroughhealingthesocial,economicand

mental health issues unearthed by the Commission. Re-traumati-

zation or the repercussions of intergenerational trauma need to be

mitigatedwhendealingwithpotentiallytriggeringsubjectmatters,

which increases the storyteller’s responsibility to ensure safety in

treatmentof“subjects”(inbothsubjectmattersorinthepresentation

of material). The same can be said when dealing with highly com-

plex and sensitive issues with painful truths. Opening stories opens

gateways,anddiggingupsensitiveissuesrequiresbothtakingand

givingback;involvinganobligationtosupportandhealwounds

that we have dug into.

Onewaytoensurethesafetyof“subjects”istoensurethecultural

acuity of those working in community or on sensitive issues. This

meansthatculturalsensitivitytrainingisamust,butalso,justastarting

point. It may be necessary to ensure that the appropriate cultural

andemotionalsupportsarepresentduringlmingorscreening.

Manyproductionsusedailysmudges,havecommunityhealth

workersonsite,andholdceremonyatthebeginningandendof

a production. Ceremonial practices were also considered bonding

experiences with non-Indigenous crew members.

In order to ensure that the Director’s approach to depicting

sensitivesubjectmatteriswellconsideredandbalanced,itmayalso

be important to have sensitivity reads with the appropriate community

membersorelders.Sensitivityreadswillunearthill-informedbiases,

inappropriatelanguageuse,andstereotypesthatmayharmfully

impact the community.

WORKING WITH INDIGENOUS CONTENT

e. Sensitive subject matter

WORKING WITH INDIGENOUS CONTENT

g. Meaningful collaboration

“Theprevalentandongoingpractice

ofseekingIndigenousinputisoften

disrespectful.Sendinganemailtoask

questionspost-production–it’snoteven

consultation.Andconsultationisnot

whatwewanteither.Whatisneededis

engagementfromthebeginning,during

theresearch,inthedevelopmentstage.It

isactivelisteningasapractice,andtaking

thetimetoensureyouhavegotitright.”

— Tasha Hubbard, Filmmaker

“Iamconstantlyreceivingcorrespondence

fromnon-Indigenouspeoplewhowantto

tellIndigenousstories,andeitherwantto

minemyknowledgefreeofchargeorthey

areseekingmyapprovaloftheirproject.

Manyhavealreadybeentoldtheirproject

isinappropriate,buttheycontinuetocast

aboutforanyIndigenouspersonwho

mightdisagreewiththatopinion.Thereis

suchalackofrespect.”

— Candy Palmater, Filmmaker/Radio Host

“ItisFARpasttimefortheeraof

Indigenousconsultationintheartsto

beover.Indigenouspeoplemusthave

KEYcreativepositionsinworkmade

aboutus,fullstop.Otherwise,thecolonial

relationships/gazecontinues.”

— Danis Goulet, Filmmaker

The existing persistent industry practice in Canada is using

Indigenousstorytellersasconsultantsonproductionswritten,

directed and produced by non-Indigenous people. A commonality

of participants in the protocols consultation process is that they

have all been inundated with requests to serve as consultants on

anon-Indigenousproject,manyofwhichwerenearingthestage

of completion. Indigenous people are asked to make non-Indigenous

storiesmoreculturallyappropriate,creditingthesefundamental

rolesas“consultants”ratherthanaswriters,directorsand/orproducers.

Goneistheeraof“consultants”and“consultation”.Meaningful

collaboration or collaborative approaches are considered an

Indigenous industry standard. Meaningful collaboration may apply

toworkingwithIndigenouscontent,Indigenouscommunities,or

Indigenous screen storytellers. Meaningful collaboration is a means

towards acknowledging Indigenous screen storytellers’ responsibility

tocommunity,andthepathwayofchoiceistomoveawayfromthe

useof“Indigenousconsultants”.

These exact sentiments were echoed by Indigenous screen

storytellers time and again throughout these consultations. There

wasgeneralconsensusthatasopposedtoengaging“Indigenous

consultants”,non-Indigenousproductionsinparticularshouldmove

towards a model of meaningful collaboration that not only follows

appropriateprotocols,butprovidessignicantopportunities

forcreditedproductionemployment,servingtosupportthe

Indigenous screen industry towards the goal of narrative sovereignty.

WORKING WITH INDIGENOUS CONTENT

Thisshiftinfocusreectstheshiftingroleofcommunities,from

consultantstocollaborators,includingco-productionandco-ownership

of copyrights. Meaningful collaboration means that Indigenous

communitiesaregettinginvolvedatearlierstagesofproduction,

contributing to the telling of their own stories by working as key

creatives in projects. This includes someone from the community

being in charge of building and maintaining strong connections

within that community (as discussed in Working with Indigenous

Communities).Insomecases,thatpositionmightbeheldbyadirector

oraproducerwhocomesfromthecommunitybeingimpacted,

but in the case where the director and producer are Indigenous or

non-Indigenousoutsiders,bringingonpeoplefromwithinthose

communities and ensuring that their contributions are valued and

adheredto.Inthenorth,thereisadearthofexperiencedproducers,

andsocollaborationsareplentiful.ForsomeInuk,theonlyaccessto

production is through partnering with non-Indigenous people on

non-Indigenousprojects.Simplyput,itiseasierforthoseworkingin

communities with production companies to have Indigenous led

projects. These projects serve as an entry point into the industry and

often accelerate experience through collaboration opportunities.

ENGAGEMENT

DISTRIBUTION COLLABORATION

CONSENT &

PERMISSION

• Establish a set of values for project

• Build respectful relationships

• Outline the intent of the project

• Start with the governing Nation,

Band Ofce, Tourism Ofce, Protocols

Ofce, Traditional Governers, Elders,

Language Keepers

• Determine where appropriate story

ownership lies

• Learn what is appropriate and

confortable to share and know what

should not be lmed

• Establish an Elders Council

• Hire a community liaison

• Develop community benets or

capacity agreements

• Appropriate acknowledgements

• Contextual marketing materials

• Community screening and celebration

WORKING WITH INDIGENOUS CONTENT

" The hardest part of collaboration is working with

people from the south - they have a lot more

experience than the people they are working

withsothereisaneedtoequalouttheplaying

eld.Werepeatedlyseewhitepeoplewhomake

themselves indispensable through perpetually

“helping” the Inuit, and never exiting; which

ultimately stops people progressing in their

careers. Some of the best practices that can be

cited from recent experience include:

• leaning out and make more space for Indigenous

creators in your process, which means not taking

the lead all the time, not making yourself

indispensible, and not placing yourself at the

top of the creative tree. Sometimes it is subtle

and other times it is blatant taking up of space;

• acknowledging why decisions are important even

if you don’t understand them. Understand that

youdon’tknowthecommunity.Thisrequiresa

certain depth of humility and openness to learning

over time, but it is integral to building trust;

• investing in each other as producers and directors

is an aspect of developing a mutual relationship.

This may include providing additional training

opportunities, investing in infrastructure, or

exploring projects Indigenous creators or

communities want to do.

Working in community we put ourselves out

there to be held accountable. I would not put

myself in the position of not having the control

to shut down a shoot if things are going wrong.

You need to have the control if you are taking

the accountability."

— Alethea Arnaquq-Baril & Stacey Aglok MacDonald

on The Grizzlies (2018)

THE NORTH/SOUTH RELATIONSHIP

WORKING WITH INDIGENOUS CONTENT

WORKING IN INDIGENOUS COMMUNITIES

3. WORKING IN INDIGENOUS COMMUNITIES

“Igotothelocationsonmyownforseveral

weeks,andIdon’tgoonlyonce.Ispenda

lotoftimewiththepeople,tellingthem

whatI’mtryingtodo,andaskingtheir

advice.Weconverseandseeifweare

onthesamelevel,becauseinmymind,

I’mnottheonlyonemakingthelm;

it’smanypeople,andtheyarethemost

importantpartofthelm.Ilookupto

them.In99percentofthecases,the

interviewsareveryprivate.Theyare

betweenmeandoneparticularperson.

Andthereasonwhyweareabletoconverse

thatwayisbecausewecomefromthe

sameplace,andthereisanautomatic

understanding.Imightaskthemto

repeatcertainthingsoncamera,when

thecrewarrives,butalotofthingsthey

wouldn’tsayoncamera,orinfrontof

anotherperson,becauseitistoodifcult.

ThisiswhyIusealotofvoice-over.I

reallylikethatprocess.Thefeelings

andtheemotionsreallycomethrough

eventhoughyoudon’talwaysseethe

person’sfacerightoncamera.

”

— Alanis Obomsawin, Filmmaker

AsoutlinedinthePrinciplessection,respectandrelationshipbuilding

are corner stones of working with community. Communities are

oftenhonouredwhentheirstoriesareportrayed,andperceivethis

as a process of acknowledging and respecting community practice

and history.

This includes being knowledgeable about the way of the people

andgettingtoknowthem,oftenthroughinformaldialogue,prior

toanyformalconsultation.Formanyscreencontentcreators,

there is an ongoing relationship with the community and

community members often remain involved after a project has

been completed. Obviously building these relationships takes time

andisoftennancedbyindividualcreators,outsideoftheparameters

ofdevelopmentbudgets.Andmoreoftenthannot,buildingthese

relationships occurs in the kitchen with tea and bannock.

Understand that most Indigenous communities are under-resourced

and deal with multiple competing social and health priorities on a

dailybasis.Thismeansrespectingtheirtime,theiradministrative

protocols,andtheirculturalprotocols;includingwhentheymay

beinceremony,ontheland,orinthemidstofacommunitycrisis.

Understandingthe“givingculture”ofaparticularnation,and

ensuringthattheappropriate“gifts”aregiventotheappropriate

people–tobacco,feasts,providingforgas-isanotherdemonstration

of respect.

a. Building respectful relationships based on trust

WORKING IN INDIGENOUS COMMUNITIES

There are both formal and informal ways to be transparent about

what story you’re trying to tell – and they both begin with having

anopendialogue.Dependingonthesubjectmatterorcontent,

Indigenous screen storytellers may also present their project and

getbuy-innotonlyfromChiefandCouncil,butalsoElderscouncil,

Educators,LanguageHolders,KnowledgeKeepers,andcommunity

members large. Questions for consideration in discussion with

community include considering how the subjects will feel about how

they are going to be represented. One means to achieve this is creating

a mission statement and sharing it broadly within the community.

b. Outlining lm intent, how it will be used and how widely

it will be distributed

“Thereisaneedtositacrossfrompeople.

Consultationcannotbe“dialedin”.

Youhavetobeinthekitchentobuild

relationships.Peopleeatwhenthey

meetwhichisalargepartofthebudget.

Iworkedwitheldersfromdifferent

communitiesthatcameonboardas

translatorsandculturalkeepersto

ensureappropriatelanguageand

costumeuse.Thesepeoplewereonset

alldaytohelpwithchanges.Eldersneed

tobetakencareof,andwhilethismay

includeanhonorarium,italsoincludes

food,transportation,andmedicines.

Thisishowwedemonstraterespect”.

— Marie Clements, Director on

The Road Forward (2017)

“IfyouareworkinginanIndigenous

community–theyneedtobebrought

togetherandinformedofwhatthescript

isabout,whatthestorylineisandhow

itwilldevelop.Whatisthecomplexion

ofthestoryandhowdoesitrelatetoan

Indigenousstory?Thisisaboutrespect

andthecapacityofthecommunityto

getbehindthestorytakingplaceon

theirterritory”.

— Duke Redbird, Filmmaker,

Cultural Elder

WORKING IN INDIGENOUS COMMUNITIES

Barbara Hager used a vision statement to illustrate

how she would be collaborating with communities

in the production of 1491: The Untold Story of the

Americas Before Columbus. It was included in

packages sent to communities and used by team

members as the basis of presentations to Chief

and Council, to community, and the framework for

getting signed consent and community support

and approval. The producers are committed to:

• featuring Indigenous scholars and cultural leaders

as the primary interpreters of their history;

• respecting the nations whose stories will be told

by seeking permission to lm in their territories;

• consulting with cultural leaders to ensure appropriate

depictions of their stories in the dramatic vignettes;

• casting Indigenous people in dramatic recreations

who are culturally afliated with the stories being told;

• including the history of Indigenous people from

every region of the Americas;

• engaging a predominantly Indigenous crew in

key creative and technical positions.

Hager strongly recommends that even in the case

of small projects, it is still necessary to contact the

appropriate authority, whether that is the band

ofce, or an elder, or a language teacher. The entry

point for a community is different all the time.

“Accessiseverything–ifyoudon’thaveaccessyoudon’thaveastory.As

almmaker,it’simportanttobuildtrustwiththeIndigenouscommunity

that you want to work with. You need to introduce your project to the

proper authorities in the community, ask permission to engage the

community or share their story, and agree upon the terms of approvals

and compensation. The producer needs to assure the community that

their story will be treated with respect and they won’t be misrepresented

or exploited.”.

— Barbara Hager, Producer on 1491 (2017)

WORKING IN INDIGENOUS COMMUNITIES

c. Hiring a community liaison

d. Developing community benets and

capacity agreements

A common and much promoted protocol is the use a community

liaisonornationliaison,someonefromthecommunitywhoworks

withcommunitymemberssuchasChiefandCouncil,orknowledge

keepers,oreventhedepartmentsofeducationorhealth.Thiswill

allow a production to incorporate as many community members as

possible. The extent of the role - it may even be that of an Associate

Producer or a production manager – should be incorporated into

budgettoensurethattheyarepaidaccordingly,recognizedby

funders,anddescribedinapplications.

Thesearemeaningfulpositions,particularlyiftheyareinvolvedfrom

earlydevelopmentstages,facilitatingyourworkinanumberofways:

•bringingaskillsetandproviding“bootsontheground”;

•increasingcommunicationandoutreachwithinthecommunity;

•identifyingandpossiblyresolvingdisputes,issues,orpermitting;

•hiringandpayingcommunitymembers;

•knowledgeoflanguage;or

• helping with Indigenous crew.

Knowledge of language was considered particularly important when

workinginInuitcommunities,andthebestwaytoachievethisisby

using a community liaison in your production.

“Whenpeoplefromoutsidethecommunity

approachacommunitytoparticipateina

lmordocumentarytherehastobesome

sortofintermediary–someconnectionto

thecommunity”.

— Jeff Bear, Producer

“Meaningfulparticipationmeanslistening

tothepeopleyouareworkingwith,being

opentobeingresponsiveifsomething

goeswrong,andensureyouareworking

withtherightpeople.”

— Jessie Short, Filmmaker

“Wegointocommunitiestobring

somethingandthentotake.Itcannot

justbeaone-waystreet.Ithastobethat

youarereceivingsomethingbutyou’re

bringingsomething.Andattheendofthe

daythecommunityhasbenetedfrom

whatyou’vebeendoing.Notjustyou,not

justyourcareer,notjustyourshow,notjust

yourartwork.”

— France Trépanier, Filmmaker

WORKING IN INDIGENOUS COMMUNITIES

Inthespiritofreciprocity,anddependingonthenatureofthe

content,developingcommunitybenetorcapacityagreementsis

consideredabestpractice.Theseagreementsmayinclude:

•ensuringfeesandclearancesforshootingontheirjurisdiction;

•exploringskillsanddevelopmentopportunities;

•employingcommunitymembersoncrew;

• providing copies of footage for the purposes of community use and

culturalpreservation;

• providing access to materials – hardware and software in schools or

community;

• practicing giving and donating to the community or community

programs,bringinggiftsormedicines;

• showing the work to the community – as appropriate – for input

duringproductionandpost;

•organizingacommunityscreeningsoonafterlmcompletion;and

• exploring giving rights to show the work in community context for

educationalpurposes.Forexample,creatingalicenseinperpetuity,

asawayforthecommunitytoshareintheprotswouldrepresenta

new business model for working with communities.

VanessaLoewen,fromAnimikiSeeProductions,encouragesopen

dialogueaspartoftheprotocolprocess,andusesthesequestions

aspartoftheframework:

• What are the resources that can be used at the community level?

• What does the community want to put forward?

• How will the community have a voice?

• How are you demonstrating reciprocal accountability?

o do they get to look at scripts?

 odotheygettherstscreening?

o is there going to be a fee?

o does the community get copies?

o are you using staff and crew from community?

o how are they going to be compensated?

WORKING IN INDIGENOUS COMMUNITIES

“ThefeaturelmingofSGaawaayK'uuna(TheEdgeoftheKnife)structured

the engagement to look like a community planning process so that it was

communitydriven.WhiletherewasnoexistingHaidalmprotocolsperse,

by virtue of working with community the appropriate protocols were learned.

There are standard government bodies and permissions (eg. Haida Nation) to

be sought, thus engagement begins early in the script process. The producers

and director met with the Haida Nation to work out the relationship, including

giving a presentation at the Nation Assembly.

The production team used elders and Chiefs as an advisory board to ensure

historical or cultural accuracy and identify anything inappropriate. There was

also follow up with advisors to show them what was being used, and although

the process was not formalized, it was done prior to lock to ensure their feedback

was part of the process.

ISUMA had their own ideas and protocols stemming from their vision of leaving

somelong-termlmcommitmentsincommunity.Thesepracticesincluded

ensuring that at least 75% - 80% of those involved in the production were Haida.

Community involvement included everything from building long houses and

props, to wardrobe, to cast and crew. The teams also ensured shadow positions

available were available to learn and enhance capacity within the community.

Recognizing the need to celebrate with community, a community screening was

held. It was also important for communities have a copy of all of the raw footage

and permission / rights for it to be used for their own educational or community

pursuits.ThefootagecanbearchivedandhousedattheBandOfcesothat

familiesandcommunitymembershaveaccessorusewithoutfees.Highquality,

usable footage is one way to help develop community resources.”

— Helen Haig-Brown, Director on SGaawaayK’uuna(TheEdgeoftheKnife) (2018)

WORKING IN INDIGENOUS COMMUNITIES

e. Script development

Notonlyisscriptconsultationrequired,whichmaybeachievedby

usingIndigenouswriters,collaborators,orscriptassessors,producers

also need to properly credit individuals or communities for their

involvement,inkeepingwithindustrystandards.

Thisincludes:

• appropriate attribution of owners of Indigenous cultural and

intellectual property

•properacknowledgementofIndigenousadvisors,consultants,

scripteditors,culturalandcommunityadvisors.

“Whenyouaredealingwithacommunity

storyyouneedtodealwiththecommunity

thatholdsthestory–youcannotwritea

scriptwithouttalkingtothecommunity

aboutwhatyouaredoingorhaving

communityinput–particularlyifyouare

writingfromoutsidethatcommunity.”

— Hank White, Producer

“Non-Indigenouswritersdonotdifferentiate

thesubtletiesanddetailsbetween

Indigenousgroupsornations.Writersare

oftentheculpritsandseetheIndigenous

communitywithromanticanddistorted

notions,soscriptsalwaysneedascript

advisor.Productionsneedtobecommitted

totakingthetimeanddoingtheresearch

totakethesethingsintoconsideration.”

— Duke Redbird, Filmmaker,

Cultural Elder

WORKING WITH INDIGENOUS CREW OR CAST

It should go without saying that actors should be paid in line with

industry standards. It is critical that regardless of whether or not

Indigenouscrewbelongtoaunion,thattheybepaidequaltothat

of their non-Indigenous co-workers - even if they are employed

through a mentorships program. Some of those consulted felt that

this is especially true in documentary – that there is a need to start

paying subjects. Quite often the people being documented are

livinginpoverty,andintheseinstancespayingsubjectsneedsto

bereectedinthebudget.

It is normal to treat and pay a cinematographer based on the

value of their work. The same is expected for the contributions of

elders,knowledgeholdersorlanguagekeepers.Fairandrespectful

relationshipsinclude:

•compensationtoindividualIndigenouscontributors,andtoIndig-

enouscommunitiesandorganization;

• Indigenous language translation is an important part of Indigenous

People’s cultural reclamation and resurgence. Proper acknowledgement

of,andcompensationfor,translatorsisessentialasasignofrespect

fortheirroleinIndigenouslanguagerevitalization;

•thereisaprotocolof“giving”incommunity,whichmeans,younot

onlyfeedacastandcrewof40,butyoufeed120.

Creators stressed it is important to sensitize non-Indigenous crew

members to appropriate behaviour/norms and any sensitivities

involvedaroundwhatisbeinglmed.Itisalsoimportantto

monitor the relationship between the crew and community.

Everyoneonproduction,fromsoundtoeditor,needtounderstand

and know the people.

Community members should not be given the role of sensitizing

the crew. Crew sensitivity should be done prior to arriving in the

community,bytheproductionteam.Thiskindofworkcanbring

updifcult/sensitiveissues,andcrewsattemptingthiswhilein

the community may risk damaging valuable relationships with

communitymembers.Thus,wherepossible,sensitizingthecrew

should be done in the pre-production stage.

“Allcastandcrewhavetherighttobefree

ofharassment,discrimination,sexism,and

threateningordisrespectfulbehaviorfrom

anyothercastorcrew.Wethrivetowork

andwalkresponsibly,professionallyand

caringlyatalltimes.”

— Darlene Naponse, Director and Producer

on Falls Around Her (2018)

“WeexplainedthattheInuitdonotwork

inhierarchies,thattherewillbeInuit

ineverydepartmentoftheproduction,

andthattheymustnotonlybeprovided

withlearningopportunities,butthat

theymustberespected.Youmayknow

aboutproductionbuttheyknowabout

communityandequallyimportant–

theyarenotyourassistants.”

— Alethea Arnaquq-Baril, Filmmaker

4. WORKING WITH INDIGENOUS CREW OR CAST

a. Paying of actors and community members

b. Sensitizing non-Indigenous crew

WORKING WITH INDIGENOUS CREW OR CAST

The Body Remembers When the World Broke Open (2019) d. Elle-Máijá Tailfeathers

“Obstacleswithcrewareindustrywideissues–a.therearenotenough

Indigenous people working as crew members (cinematographers and sound

professionals), and b. the crew are the ones working directly with the community.

When working with non-Indigenous crew who represent the voices and opinions

of Canadian settlers you often encountered grave misunderstandings about

our people. Not only a severe lack of knowledge of the impacts of colonial

policies on our people, but also on issues such as addiction and how it impacts

ourcommunity.Mentorshipsareanexcellentwaytollthegapsincrew

(eg. cinematography mentee or employing production assistance) and bring

employment to the community; however, mentorships are not the best

long-term plan for building capacity.”

— Elle-Máijá Tailfeathers, Filmmaker

WORKING WITH INDIGENOUS CREW OR CAST

WORKING WITH ARCHIVAL MATERIALS

5. WORKING WITH ARCHIVAL MATERIALS

“ThereisalotofarchivalfootagethatbelongstotheCBC

ortheNFBthatyoungergenerationsdon’thaveaccess

to.Forexample,theremightbesomearchivalfootage

ofsomeone’sgrandparent,butthatpersoncan’tuseit

becausehe/shedoesn’thavetherights.CBC/NFBand

anyotherrightholdershouldgiveownershipofthis

footagethatwasacquiredinthepast(oftenthrough

questionablemeans)backtothecommunitiesorfamilies

sothatIndigenouslmmakerscanhaveaccesstoall

thisfootagewithouthavingtopayforit.Archivalimages

(muchlikemuseumartifacts)shouldgobackintoour

communities,sowecanusethemwithouthavingtopay

non-Indigenouspeoplesfortherightstoourownmaterial.”

— Youth Respondent

The issue of access to and reuse of audio-visual archives is of course

as complex as fundamental questions around who tells whose

story and who can grant permission for the telling of that story.

Appropriateuseofarchivalmaterial(completedlmsaswellas

originalshootandsoundmaterialthathasbeenpreserved),

inmanyinstances,wouldneedtobedeterminedwithappropriate

communityconsultation.Therearetwogeneralscenarios,andin

bothcontexts,theabilitytoreuseimageswouldhaveparameters:

1. Situations in which appropriate permissions have been granted

foruseofimages/audioinaparticularlmandinaparticular

context;

2. Films where proper permissions were not obtained. In these

casesthereisaneedtodetermineuse/reuseprotocols,which

requiresreturningtoindividuals/communities.Asweknow,

historically permissions were not sought or granted for many of

theworkshousedwithinexistingscreenarchives,thus,certain

thingswerecapturedanddisseminatedthatshould,quitelikely,

not be in the public eye and should not be reused.

The NFB will soon undertake a research project to create a scan

of global best practices for the preservation and appropriate

use/reuseofexistingarchives,suchastheIndigenousCulturaland

Intellectual Property (ICIP) rights guidelines used by the National Film

and Sound Archive of Australia or protocols to respect Indigenous

intellectual property and cultural heritage used at the Smithsonian.

Thus,inthespiritofa“livingdocument”,workingwitharchivesis

likelytherstareaoftheprotocolsthatwillbeupdatedandadded

to accordingly.

Someoftheprotocolscitedfortheuseofarchivalmaterialsinclude:

• a principled access to archives may include concepts such as

returningalltheoriginalmasterstothecommunity;

•conrmingtheuseofinterviewfootageisbypermissionofthe

subjectsorpeopleinthelm;

• exercising due diligence (beyond existing legal requirements

thatdonotreectcommunityornationownership)inobtaining

approvals from individuals and/or communities for reuse of

archivalmaterialsinanewcontext;and

• ensuring the community has the ability to preserve some of this

media for community use.

a. Use of archives in a new lm

WORKING WITH ARCHIVAL MATERIALS

A recommended best practice is ensuring that masters are

returned to communities. This ensures communities have rights

to the archival collections and control the permissions and

access. This has implications as to how rights are negotiated and

determined in the development process. It is also important then

that the community has the resources and capacity to preserve

and maintain these works.

In the instance when an institution such as the NFB is the custodian

ofasignicantarchive,individuals/communitieswillbeinvolvedin

determining the protocols around archiving and having continued

accesstotheirownstories.Protocolsmayinclude:

• specifying where archives are stored and conditions of access

andreuse;

• providing detailed catalogue info so there is a clear record of what

hasbeenshot,where,withwho,aswellaswhathasbeenconsented

tointermsofuse/reuseofimagesandsound;

• versioning into an Indigenous language (post-production) to

ensurethatthelegacyofthelmlivesonandisaccessibleto

community (eg. the NFB's Kanehsatake has just been versioned).

Keyquestionsforconsiderationmovingforwardinclude:Doesthe

product revert in 10 years to community owned? Can you revert

ownership?Canwemakecontractsthatreecttheideathatwithin

acertaintimeframe,theownershiprevertsbacktothecommunity?

Participants noted that many of the same archival interests and

questions apply to the VR experience. Of course VR and interactive/

immersive works pose their own unique challenges vis-à-vis

archiving and continued accessibility over the long term. This

kindofworkissodependentontransienttechnology,software,

and browsers and is therefore unstable. As the technology

develops,originalworkssometimescannolongerbeseen,so

the experience and its intent needs to be documented in other

ways.Forexample,alotoftheNFBsearlyinteractivework

was programmed in FLASH - software that is being phased out

entirely by the manufacturer by 2020. Many of these works can’t

beseenanymore,however,reprogrammingthesework(for

exampleinHTML5)wouldrequiresignicantresourcesandwill

onlyextendlifeforaxedwindow.

b. Archiving materials associated with a lm c. Virtual Reality accessibility and archival

WORKING WITH ARCHIVAL MATERIALS

“Asalmmakerlivingontheirterritoryfor13years,Ihadaresponsibilitytodo

something more with all of that footage so that it not just end up in archives.

I wanted to recreate that sense of deep learning that I experienced in the interviews."

This project emerged as a legacy project based on a 3 part museum exhibition

curated by the Museum of Anthropology, Museum of Vancouver and Musqueam

Cultural Centre. With the blessing of the territorial team and community advisory

board at Musqueam, Elle-Maíjá Tailfeathers did the video work for the 3 exhibitions

and subsequently applied for a small grant to translate that footage into a feature

length documentary as a kind of legacy project for the exhibition. During both

the original exhibition, and subsequently in the lm editing process, Tailfeathers

consistently consulted with a community advisory board and the Musqueam

curating team to determine what aspects of Musqueam culture can and should

be shared with the public. A community screening was held at the rough-cut

stage in order to invite and incorporate feedback. The Musqueam wanted the

inclusion of the voices of their ancestors and elder that had past into the lm.

This was a huge challenge, as it meant going back to the Musqueam archives

and looking at historical archives and physical documentation of statements

from elders.

"Includingquotesfromthearchiveswasn’tsomethingIhadconsideredbecause

I often feel that too much text on-screen doesn’t do anything to strengthen the

narrative but it was what the community wanted. I had to let go of control of the

projectinthatsenseandrecognizethatmyroleasanindependentlmmakerin

this instance was to serve the community and respect their choices. Ultimately, the

archivalquotesonlyservedtoenrichtheproduction.

The repatriating research is interesting and important. Footage of elders, interviews

withcommunity–wehavearesponsibilitytousethesestoriesforcommunity

purposesasopposedtosimplyresearchforlms.Theyshouldnotbesittingina

vault or somewhere that no one has access to.”

— Elle-Máijá Tailfeathers, Director on cә’ snaәm –theCityBeforetheCity (2017)

WORKING WITH ARCHIVAL MATERIALS

RELEASES

6. RELEASES

“Mistrustcomesfromavalidplacemired

inacomplexhistory.Releasesuseterms

like‘inperpetuity’.It’saboutlanguage

andownership.Itisimportanttoequip

communitiesoutsideoftheproduction

sectorbygivingthemmoreinformed

positionsbeforespeakingwithcontent

creators.Materialscanbeprovidedin

advancesothey(communities)know

whatabilitieslmmakershaveandhow

muchcontroltheyactuallyhaveregarding

content;thentherelationshipcouldbe

moretransparent,equitable,perhaps

evenfairandbalanced.”

— Jeff Bear, Producer

“Itwasamazingtoshiftmyideaaroundreleaseform

andlookatitasacommitmentthatIammakingtothe

personversustheotherwayaround.Itisvitaltodiscuss

thevisionforprojectandthenmakethatcommitment

tothem.Idonotownwhattheyhavedoneinperpetuity;

thefamilyownsitanditwillgotochildrenand

grandchildrensoitisimportanttospendtimewith

thatfamilygettingpermissionsbasedonvisionand

determinehowtheywouldliketohaveinuence.”

Asweknow,releaseformsgiveproducersownership.Changing

industry practices and standards in this regard has practical

application when developing Indigenous industry standards of

practice.Suggestionsinclude:

•addingthelineonyourreleaseforms“foruseinthislmonly”

topreventitbeingusedwithoutproperpermission;

• ensuring release forms are in plain language and / or develop

alternative ways of doing release forms (such as recordings)

thataccountforlanguageandwritingskills;

•inNewZealand,thereisaprecedentforcommunityretaining

rightstoprojectsandifyouwanttoshowawork,youhaveto

clear rights with the community or the family. In many cases

it cannot be shown unless a community or family member is

theretoensureitisintheappropriatecontext;

• determining if you can provide a copy of the interview and/ or

nalproject;“…productioncompaniesholdallthepowerinthese

relationships,astheydenethetermsincludedinthewaiversand

consentforms.Wewouldurgeproductioncompanies,especially

wheninterviewingMāorieldersandexperts,tobesensitivetothe

fact that they are being gifted with sometimes ancient knowledge

and traditions. Without trying to interfere with the intellectual

propertyrightsofproducers,wesuggestthatproductioncompanies

would be making a useful and powerful contribution to those

communities if they made available the footage that they shot in

thosecommunities.”

Anotheroptionishavingasecondarydocumentofcommitments,

or a release form from the director to the community. For Helen

Haig-Brown,alotofherunderstandingofprotocolscamefrom

Māoripractice:

MARKETING & DISTRIBUTION STRATEGIES

7. MARKETING & DISTRIBUTION STRATEGIES

“Wealsoneedmoresupporttoallowourcreationsto

travelbothwithinourcommunityandthroughother

communities.Itshouldbemandatorytogivebackand

share;anyIndigenousproductionshouldcommittoa

strategyofdistributiontoIndigenousaudiences.”

— Youth Respondent

Mostdistributorswantanexclusivearrangement,limitinganartist’s

abilitytopromotetheirworktothevarietyofaudiencestheyndit

important to connect with. There are a few exceptions that were

noted,includingVtapeandAnimikiSeeDistribution,aninternational

distributors,basedinCanada.ItisanarmslengthsubsidiaryofAPTN

with a mandate to promote and sell content to the global market

from Indigenous producers from around the world.

Asweknow,theprivatesectorfocusisoftenonashareholder

drivenmodelthatmaximizespaidaudience.Thus,fundingis

often biased towards commercial release. Unfortunately this

model does not take into account festival and community screenings /

or alternative distribution (such as trailblazers at ISUMA TV) which

isconsideredequallyimportanttoIndigenouscreators.Asaresult,

more and more Indigenous producers and directors are seeking

alternative models of Indigenous distribution that balance both

mainstream and community paths (and the importance of

mapping a path to Indigenous communities both domestically

and internationally).

Indigenous screen storytellers see roles for the CMF and CBC

inthisregard.Asgovernmentagencies,thereareobligations

stemming from UNDRIP and the CRA to protect and distribute

Indigenous culture. Indigenous priorities are often towards the

preservationandprotectionofculture,andnotsolelyforthe

purpose of monetary gain.

So how do we create more space and distribution opportunities for

those seeking a different path?

• acknowledging that taking the story back to the community is

atoppriority;orrecognizinginmanyinstancestheprojecthas

an obligation to go back to the community. Doing community

screenings and celebrating with the community should be an

essential part of the budget. This should not be a barrier to a

contractwithadistributor;

• ensuring opening nights have cultural and territorial

acknowledgements,aswellasparticipationofsubjects/

families/community,otherIndigenousgroups;

• having targeted outreach to Indigenous communities (who may

notreadmainstreampress);

• ensuring appropriate community consultation regarding the

contextualization of the project in marketing materials (social

media,trailers)andensuringappropriatelanguageandwording

insynopses,descriptors,andmessagingetc.

IMPLEMENTING PROTOCOLS

The implementation of the protocols requires participation from

the entire industry. All industry stakeholders have a role to play

indisseminating,promoting,andwhereappropriate,determining

howtheprotocolswillbereectedintheirinternalprocesses

and practices.

Forexample,whenwelookattheAustralianmodelweseethat

the“obligationtoobserveIndigenousculturalprotocolsisbeing

endorsed by funding agencies and professional associations

(AustraliaArtsCouncil,ScreenAustraliaandtheAustralian

broadcasterSBS)andincorporatedintolmmakingcontracts.

Contracts create legally binding obligations for the use of Indigenous

cultural and intellectual property. Screen Australia requires that

all applications for funding that involve Indigenous stories and

content provide a one-page statement on how they plan to

observetherelevantprotocolsfortheirproduction.Inthisway,

Indigenous cultural protocols are bridging gaps between the

Australian legal system and Indigenous customary laws concerning

theprotectionofIndigenousculturalandintellectualproperty.”

WhereproductionsaremadewithoutbenetofScreenAustralia

funding,thereissaidtobeanabsenceofconsultationor

collaborationwithIndigenouspeoples.Toavoidabuses,

enforcement is needed.

Indigenous community members were clear that they do not

want large institutions to be in a position to prescribe how

IndigenouslmmakersshouldbeinteractingwithIndigenous

communities.Theseprotocolsarenotmeanttohinderproduction,

however facilitate the pathways to respectful and ethical production

of Indigenous content.

ImplementingUNDRIPandtheTruth&ReconciliationCommission

(TRC)CallstoAction,arecommitmentsthathavebeenmadeby

thefederalgovernment.Coretotheprincipleof“reconciliation”

is an ongoing process of establishing and maintaining respectful

relationships between Indigenous and non-Indigenous peoples.

ForIndigenouspeoplesinCanada,thisrenewedrelationship

includes the concept of economic reconciliation. In the context

ofscreenproductions,thismeans:

• working collaboratively to support Indigenous screen storytellers

intellingtheirownstoriesandgettingthemtomarket;

• participating in the reclamation of Indigenous cultural

narratives;and

•helpingtobringIndigenousproductionsintothemainstream,

serving to both protect and monetize Indigenous made products.

Reconciliation in this vein can be achieved through policy and

legislation.Somekeyindustrypartners,suchastheNational

FilmBoard,areprioritizingIndigenousscreen-basedinitiatives

and strategies as a response to the TRC calls to Action. Another

approachisthatoftheCanadaCouncil,whichistherstinstitution

attemptingtoimplementUNDRIPwithintheirpolicystatements:

“ByafrmingtheUNDRIPDeclaration,theCanadaCouncil

commits to a nation-to-nation relationship with Indigenous

peoples that is rights-based and comprehensive. By supporting

andembeddingtheUNDRIPwithinourvaluesystem,we

make clear a path forward to self-determination and cultural

sovereignty for Indigenous peoples without compromising our

supportforartisticandcreativeexpression.”

The Canada Council was cited by many consulted as a pragmatic

starting point and best practice approach other institutions may

want to consider.

Working in the Context of Reconciliation

and Nation-to-Nation

IMPLEMENTING PROTOCOLS

Expectations for gatekeepers are multi-pronged and incorporate

both immediate and mid-to-long-term goals. While many aspects

of the protocols – such as guiding principles and best practices -

canbeadoptedandimplementedintheshortterm;other

considerations such as changes to copyright and changing legal

frameworks require ongoing conversation and longer term

solutions.Nextstepscitedbycontributorsinclude:

1. Encouraging the adoption and promotion of protocols by

thoseindecision-makingpositions:

  a. federalandprovincialfundingagencies;

  b. publicproducersandpublicdistributors;

  c. industryandprofessionalorganizations;

  d. artcouncils;

  e. broadcasters;

  f. traininginstitutions;

  g. distributors;and

h. festivals.

2.Inadoptingandpromotingtheprotocols,screenindustry

stakeholders need to determine how their internal processes

canbothreectandupholdtheProtocolsandPathways,

using the principles and practices as levers and guidelines

forpolicychange,decisionsaroundfunding,anddecisions

aroundscreeningcontent:

  a.establishingmechanismsforjuries,committeesand

selectionprocesses;

b. adjusting funding models and budgets to take into

consideration the time and administration required to

meet the protocols by establishing longer development

windowsandincreasingdevelopmentbudgets;

i. also ensuring remote and northern funding envelopes

take into account exorbitant cost of infrastructure and

traveltothisend;

c. incorporating Indigenous representation and decision

makerswithinorganizations;

i. have Indigenous decision makers determine what

implementation of the protocols in your institution or

organizationsmaylooklike;

Thereremainfew,ifany,Indigenouspeoplerepresentedinthe

lmindustryatlarge,withinfundingagencies,broadcasting

networks,distributioncompanies,festivalsandotherlm-related

organizations. The under representation of Indigenous people

withintheindustrymeansthatIndigenouslmmakersmust

oftennavigatea“culturegap”whenitcomestotheirwork.

Indigenouswriters,directorsandproducersalikecitedalackof

culturalunderstandingofIndigenouscontent,processandstories

as a barrier to working within the larger industry to develop and

produce content.

Pre-conceptionsaboutwhatdenesanIndigenouslmaffected

thefeedbackreceivedonscripts.Somelmmakersreported

that they had received the critique that their content was too

nicheandspecic,andinothercasesnotspecically“Indian”

enough…Asaresult,lmmakersreportedbeingaskedtorepeatedly

conrmtonon-Indigenouspreconceptionsaboutwhatis

commercially viable.

  d.reectingandrespectingIndigenouslanguages

inprocessestofacilitateIndigenousparticipation,

acknowledging where English and French are not the

rstlanguageofIndigenouscreators.

Moving Forward

IMPLEMENTING PROTOCOLS

“Togetwhereyouwanttogo,youhaveto

jumpice.“

— Zacharius Kunuk, Filmmaker

3. Advocating and promoting awareness for the use and adoption

oftheseprotocolsacrossallaspectsoftheindustry,notonlyto

serveasbestpractices,butalsoto:

a. mitigate the prevailing and persistent mainstream practice

of using Indigenous storytellers as consultants on produc-

tionswritten,directedandproducedbynon-Indigenous

people;

  b.supportdecolonizedstoriesbyopeningupthedenition

and concept of story telling to include Indigenous artistic

visionsandbringdiversitybacktotheartform;

c. ensure protocols are used as an ethical component of

culturalcompetencytraining;

d. support capacity building initiatives in the sector.

4.Adoptingacommondenitionof“Indigenousproduction”–

FirstNation,MétisandInuitproduction.

The current standard developed in consultation is that 2 out of 3 of

thekeycreativepositionsinaproduction(Writer,Director,Producer)

be Indigenous. The vision moving forward is one wherein the

capacityintheIndigenousindustryforall3ofthese“abovethe

line”positionstobeIndigenous,whentalentisavailable.

The production company should also be Indigenous owned and

denedasasoleproprietorship,alimitedcompany,aco-operative,

apartnershiporanot-for-protorganizationwhereIndigenous

ownership and control is minimum of 51%.

Whenitcomesdowntoimplementationoftheprotocols,itis

suggested that the use of public monies should be governed by

principles of equitable access and funding should be conditional

on empowering communities and ensuring informed consent.

Best practices established in the public sector can be recommended

totheprivatesector,whichbenetsfromimportantpublic

subsidies.AsnotedintheAustralianmodel,akeymechanism

for implementation is via funding agencies that make funding

contingentontheuseofappropriateprotocols;however,that

model also demonstrates that little can be done if non-Indigenous

creatorsarefullyselfnanced.Again,theapproachoftheCanada

Counciliscitedasabestpractice:

“TheCanadaCouncilalsoconsidersitnormaltoaskthe

artistsandorganizationsapplyingforgrantsforprojects

thataddress,dealwith,incorporate,commenton,interpret

ordepictuniqueaspectsoftheFirstNations,InuitorMétis

culture,toshowthattheyhaverespectandtrueregardfor

Indigenousartandcultureintheirendeavours.Without

dictatingaspecicormandatorywaytogoaboutit,itcan

beexpectedthatauthenticandrespectfuleffortshave

beenmadetoengagewithartistsorothermembersofthe

Indigenouscommunitieswhosecultureorprotocolsare

addressedbytheprojectforwhichtheCanadaCouncil’s

supportissought.”

National and Public Funding

IMPLEMENTING PROTOCOLS

Itisanticipatedthatbroadcastersrespecttheprotocols,particularly

to the point that there are Indigenous screen storytellers telling

Indigenousstories.Forexample,APTNhasputinplaceformaland

informal mechanisms to ensure that protocols are observed in

respect to the content and the audience.

It has been suggested elsewhere that broadcasters should

provide an annual inventory on the Indigenous programming

theyhavepre-licensed,acquiredanddevelopedandspecify

how many of these programs were produced by Indigenous

controlled-productioncompanies,toenablethefederal

government to assess compliance with its obligations to

Indigenous people under the Broadcasting Act. This would

signicantlyaddtotheexistingdearthofdataandinformation

available on the Indigenous screen sector.

“Mainstreammediadonotreflect

Indigenousrealitiesverywell.Nordo

theyoffermuchspacetoIndigenous

peopletotelltheirownstories-as

broadcasters,journalists,commentators,

poetsorstorytellers.Indigenouspeople

havelittleopportunitytotellCanadians

intheirownwaysandtheirownwords

whotheyare.BecauseCanadiansdo

nothearIndigenouspointsofview,they

areoftenleftwithmistakenimpressions

aboutIndigenouspeople’slivesandas-

pirationsandthereasonsfortheir

actions.IquotefromLouisRiel:‘My

peoplewillsleepfor100years,andwhen

theyawake,itwillbetheartistswho

givethembacktheirspirit.’“

— Cara Mumford, Filmmaker

“Astheworld’srstIndigenous

broadcaster,APTNrecognizesthe

importanceofadheringtoprotocols

andthevaluetheycreatetowards

respectingourhistory,cultureand

Peoples.Since1999,wehaveupheldour

mandateandvisionbyfollowingour

owninnovativeguidelinesandcriteria,

supportedbybothourIndigenous

committeeandproducers.APTNis

honouredtocontributetothisprotocol.

Webelieveitwillbeavaluableresource

totheindustry,ensuringastronger

voiceforIndigenousPeoplesbeyond

ourairwaves.“

— Jean La Rose, CEO, APTN

IMPLEMENTING PROTOCOLS

TheRoyalCommissiononAboriginalPeoplestates:

• the Canadian Radio-Television and Telecommunications

Commission should require those who hold broadcast licenses

inareaswithsignicantAboriginalpopulationstoprovide

airtimeforanAboriginalpresence;

 •mainstreammedia,bothpublicandprivate,shouldprovidefor

a greater Aboriginal presence in their offerings.

• the federal government should support training of Aboriginal

peopleformediapositions;

• the federal government should provide core funding for Ab-

original-controlled media and incentives for private support

for these media.

Film Commissions

Therearealsorolesforlmcommissionstoplayinthe

implementationoftheprotocols.Forexample,creatinga

mandatory permit system wherein all productions register with

aCommission(eg.NunavutFilmCommission),andaspartof

thatprocessproductionsmustadheretotheprotocols:“No

permitnobroadcastlicense”.Permittingisnotuniformacross

thecountry–itmayvestwiththeprovince,municipalities,or

hamlets – or in some instances the Department of Environment

(wildlifeandparkspermits).Thereiscurrentlynosysteminplace,

but local permitting is a valuable way to understand what the

economicandenvironmentalimpactsaroundproductions,and

a mechanism to implement protocols.

Festivals / Showcases

Showcases and festival curators are also key decision makers who

canadopttheprotocols.Festivalsareconsidereda“qualitystamp”

and at times curators are considered the most privileged spot in

the industry. When reviewing works festivals should respect

protocols and consider the broader implications of screening

works.Forexample,screeningsincreasethepossibilitiesfor

broaderdistribution,andthereforescreeningnon-Indigenous

productionsofIndigenous“stories”reducesspaceforIndigenous

creators.

Unions

Considertheconundrum:Youwanttoprovideopportunitiesto

your community and you have 30 Indigenous speaking roles –

but you have to hire ACTRA union members. The large majority

of potential cast and crew in an Indigenous community are not

members of a union. You are trying to build Indigenous industry

capacityofferatraineepositionineverydepartment–wardrobe,

ofce,director’sassistant,props–butthemajorityofpotential

trainees are not members of a union.

ThoseconsultednotedthatACTRA,theDGC,Techniciansunions

have all made allowances for Indigenous non-members and

trainees,attimeswaivingrequirementstopromotetheuseofthe

local Indigenous crew and cast. Producers are currently negotiating

individualdispensationsfromtheunionsonone-offbasis,which

is very time consuming but not very strategic. It was suggested

thattothisend,unionsbuildexceptionsforIndigenousnon-union

or associate members into their collective bargaining agreements.

CONTEXT FOR SCREEN PROTOCOLS IN CANADA

HISTORICAL UNDERPINNINGS

Cultural Genocide

Theenduringtoolsofcolonizationandtheinuenceofracist

government policies also impact the Indigenous worldview in

Canada. Despite the legacy of injustices stemming from residential

schools,theIndianAct,thebreakdownofthetreatyrelationship,

therelocationofInuitpopulations,orthedenialofMétisstatus,

FirstNations,Inuit,andMétishavemanagedtomaintaintheir

ownlaws,customs,andmethodsofself-governing.

“InCanada,theprocessofcolonizationhashadaprofound

andlastingimpactonAboriginalpeoples,theirland,their

languages,theirculturesandtheirartpractices.Today,

manyartistsconsidercontemporaryartpracticestobea

processofdecolonization,reappropriation,reclaiming

andhealing.”

It has been widely acknowledged that years of colonial history have

impacted Indigenous cultural expression. This legacy includes

historic misrepresentation of Indigenous peoples in screen-based

media,perpetuatingstereotypesbothharmfultoIndigenous

people and contributing to ongoing racism within mainstream

society,andasystematicrepressionoftraditionalIndigenous

storytelling and cultural practices.

“Culturalgenocideisthedestructionofthosestructures

andpracticesthatallowthegrouptocontinueasagroup.

Statesthatengageinculturalgenocidesetouttodestroy

thepoliticalandsocialinstitutionsofthetargetedgroup.

Landisseized,andpopulationsareforciblytransferred

andtheirmovementisrestricted.Languagesarebanned.

Spiritualleadersarepersecuted,spiritualpracticesare

forbidden,andobjectsofspiritualvalueareconscatedand

destroyed.And,mostsignicantlytotheissueathand,

familiesaredisruptedtopreventthetransmissionofcultural

valuesandidentityfromonegenerationtothenext.”

A relatively ignored aspect of Canadian history is the process of

negating Indigenous culture and the cultural genocide that

persisted for over 100 years. Canada has a history of denying

Indigenouscommunitiestheirnarratives,astracedbytheRoyal

CommissiononAboriginalPeoples,citing:

•in1884,thepotlatchceremony,centraltotheculturesofwest

coastAboriginalnations,wasoutlawed.In1885,thesundance,

centraltotheculturesofprairieAboriginalnations,wasoutlawed.

Participationwasacriminaloffence;

•in1831,therstofwhatwouldbecomeanetworkofresidential

schools for Aboriginal children was opened…Attendance was

compulsory.Aboriginallanguages,customs,andhabitsofmind

were suppressed.

APPENDIX A: CONTEXT FOR SCREEN

PROTOCOLS IN CANADA

CONTEXT FOR SCREEN PROTOCOLS IN CANADA

Theceremonialbanslasteduntil1951,andthelastresidential

schoolclosedin1996.The“60sScoop”continuedtheresidential

school tradition practice of taking Aboriginal children from their

families,inthisinstanceplacingthemincareorforadoption.“An

alarmingly disproportionate number of Aboriginal children were

apprehendedfromthe1960sonward.Bythe1970s,roughlyone

third of all children in care were Aboriginal. Approximately 70 percent

of the children apprehended were placed into non-Aboriginal

homes,manyofthemhomesinwhichtheirheritagewasdenied.”

“Thepersistentandaggressiveassimilationplanofthe

Canadiangovernmentandchurchesthroughoutthe

pastcentury,themarginalizationofIndigenousknowledge

ineducationalinstitutionscommittedtoEurocentric

knowledge,andthelossestoAboriginallanguagesand

heritagesthroughmodernizationandurbanizationof

Aboriginalpeoplehaveallcontributedtothediminished

capacityofIndigenousknowledge,withtheresultthatit

isnowindangerofbecomingextinct”.

The trauma and intergenerational impacts of residential schools

inparticularhavebeenwellstudiedanddocumented,notonlyby

theTruthandReconciliationCommission,butalsobyacademics,

medicalpractitioners,andartists.Thecorrelationsbetween

cultureandhealth–mental,physical,andspiritual–wererst

unearthedin1998byChandlerandLalonde,academicsstudying

the epidemic of suicide in BC First Nation communities. They

determined:“Communitiesthathavetakenactivestepstopre-

serve and rehabilitate their own cultures are shown to be those

in which youth suicide rates are dramatically lower.

”Thisisone

of many studies that demonstrate direct linkages between the

mental,social,andeconomichealthofIndigenouspeopleand

their relationship with practicing culture.

As a result of cultural repression and attempts at eradicating

culture,Indigenouspeopleareinapositionwheretheyhaveto

asserttheirrightstotheirculturalheritage,traditionalknowledge

and/or traditional cultural expressions. A key aspect of the nation

buildingprocess,culturalrevitalizationisanongoingprocess,often

beginning with language speakers. Former Chair of Native Studies

atSt.ThomasUniversityAndreaBearNicholashasnoted:“Since

languageisthefoundationofculture,itsdestructioninindividuals

onamassscaleinevitablyleadstothedisruption,evendestruction,

ofwholecommunitiesandcultures.”Mostrecently,theAssembly

ofFirstNations,InuitTapiriitKanatami,andtheMétisNationhave

been working with the federal government to develop a nationwide

language law.

“Therewaslittletonothingthatreected

anykindofmeaningfulreectionor

narrativeaboutIndigenouspeopleand

communities,urban,rural,historicalor

contemporary.IrealizedthatIndigenous

peopleeverywherewerestillbeing

persecutedandthat’swhythemainstream

wasn’ttellingthosestories.Becauseit

wasshameful.Shamefulthatoursociety

wasthrivingwhileIndigenouspeople

werecontinuingtobere-traumatized

bylegislationandsystemicracism…I

wasjustsotiredofseeingIndigenous

storieslteredthroughacoloniallens,

celebratingthecolonialexperienceand

delegitimizingIndigenousperspectives

andexperience.”

— Jennifer Podemski, Filmmaker

CONTEXT FOR SCREEN PROTOCOLS IN CANADA

Cultural Appropriation

On the heels of cultural genocide has been the cultural appropriation

of Indigenous stories. Cultural appropriation debates and discussions

fade in and out of fashionable public discussion. The topic tends

to resurface every few years and is currently under debate on

nationalandinternationalstages,notonlyinlm,butliterature

andneartsaswell.Whatisappropriation?

Appropriationoccurswhensomeoneelsespeaksfor,tells,denes,

describes,represents,usesorrecruitstheimages,stories,experiences,

dreams of others for their own. Appropriation also occurs when

someone else becomes the expert on your experience and is

deemed more knowledgeable about who you are than yourself…

The number of works by non-Indigenous artists appropriating

Indigenousculture(ceremony,regalia,story,etc.)-andthisis

important–forcommercialbenet–arefranklytoonumerous

tolist.Thenumberoflmsthatbothappropriateandwronglyor

negatively depict Indigenous culture in Canada far exceeds the

numberoflmsbyIndigenousscreen-storytellers.

“Formanyyears,ordecadesandcenturies;

people,researchers,anthropologists,eth-

nographerswentintoAboriginalcommu-

nitiesandtook.Theytooktheknowledge,

theytooktheobjects,theytookthemed-

icine,theytookeverythingandthenthey

left.We’refacedwithinstitutionsthatare

verypowerfulandthataresoconvinced

thattheyarerightallthetime.Andthey

aresoconvincedusingthelogicofthe

Westernartworldthattheyareonthetop

ofthepyramidandthattheirknowledge

isuniversal.“

— France Trépanier, Filmmaker

“Iwonderedwhenthisappropriation

mightbethoughtofasaneffortto

understandandchampionourcause(as

paternalisticasthatmightbe),andwhen

itwassimplypersonalaggrandizement,

asureapplicationoranabsenceofan

artist’sownideasorimages.”

— Loretta Todd, Filmmaker

“Authorshipincinemaisdictatedbywho

thecreatorsare,notwhoisonthescreen.

Thatmeansthatthroughouthistory,99

percentoflmsaboutIndigenouspeople

havenotbeenmadebyus.Wedeserve

thatopportunityasmuchasanyone

does...EvenwhenCBCintroducedtheir

latestscheduleofshows,therearemore

showsaboutIndigenouspeoplemade

bynon-Indigenouspeoplethanthereare

showsmadebyIndigenouspeople.

”

— Jesse Wente, Filmmaker

CONTEXT FOR SCREEN PROTOCOLS IN CANADA

The apex in contemporary cultural appropriation debates was

the2017mediadebateoveran“AppropriationPrize”.Members

of Canada’s literary elite urged that nothing prevented the use of

Indigenous stories or histories in the practice of non-Indigenous

artists,undertheguiseoffreespeech.“What’slackinginmuchof

the mainstream media’s attempt to engage with this topic is the

understandingthat,intheCanadiancontext,theappropriation

ofIndigenousstories,waysofbeing,andartworksissimplyan

extension of colonialism and settlers’ assertion of rights over the

property of Indigenous people. The history of colonizing Indigenous

identitythroughimages,lmandnarrativeshasplayeditspart

in placing Indigenous perspectives at a subordinate level. It’s

thishegemonicsystem,lledwithstereotypesandsuppression

that continues to thrive within institutions. It erects barriers for

Indigenousvoices.”

Why is cultural appropriation fundamental to the Indigenous

worldview? The reality is that non-Indigenous creators telling

Indigenous stories are taking away space or potential opportunities

from someone else - someone of the culture. Why is it important

to the Canadian cultural fabric? Misrepresentation or partial

representation has demonstrated to be damaging to Indigenous

communities,andsigniesalostopportunityaroundreconciliation.

What are the implications? Not only do we risk the persistence of

stereotypesandthecelebrationof“povertyporn”(sensationalization

andobjecticationofpoverty)or“traumatainment”(inthis

instance the use of traumatic social experiences faced by Indigenous

peopleforthepurposeofentertainment),therearefurtherrisks

of negatively impacting the transmission and preservation of

Indigenouscultures;orworse,furthertraumatizinganalready

marginalized people.

“Andthenthereistheportrayalofvictims.

Victimsareoftenvoiceless,helplessand

alsoone-sidedcharacters.Theirroleisto

suffer.Thisdehumanizesandinfantilizes

them,takingawaytheiragencyand

complexity.ThisisgenerallyhowIndigenous

peopleareportrayedeveninthemost

wellintentionedstoriescreatedby

non-Indigenouspeople.Infact,and

unfortunately,therecanbeastrong

correlationbetweenthewell-meaning

desiretocondemnwhathappenedand

liftupthevictimsandtheoversimplication

ofstorytellingintothegood/evildichotomy,

whichgivesusthetwinsatisfactionof

being better people than the terrible

villainsandfeelingsorryforthevictims,

whobecomesortofchildlikeandin

needofcare.

 Andbecausethehigheruptheladder

yougo,thelessdiversethegatekeepers

get,I’mconcernedthatthiseraof

renewedinterestinourstorieswillyield

thesesimpliedstoriesthatarestripped

ofthehumanitythatallowsustosee

ourselvesinsomewaysintheperpetrators

andtohavetoengagemeaningfullywith

theperhapschallengingcomplexitiesof

theIndigenousexperiencebeyondour

roleasvictims…

CONTEXT FOR SCREEN PROTOCOLS IN CANADA

Itmaymeangettingfamiliarwithour

culturesandcommunitiesandtheir

storytellingtraditions,whichare

complicatedandrich,andmayattimes

frustratethedesireforsimplecultural

signiersthatareeasilydigested.

Buttheywillbemorecompellingand

authenticstoriesthatwillstaywith

audiencesformuchlongerandprovoke

meaningfulconversationsandreections,

notjustabouttheIndigenousexperience

butthesettleroneaswell.”

— Lisa Jackson, Filmmaker

Thereremainsaplacefornon-Indigenousartistsinthisdialogue,

onethatisbetterreectiveofthehistoryandplace:

“Ifnon-IndigenousCanadianartistswant

tomakeworkaboutresidentialschools,

whynottellthepartofthestorythatis

yours?Thestoryofsurvivorsisreallynot

yourstotell.Butthereisasideofthestory

thatyoushouldexploredeeply.“

— Jesse Wente, Filmmaker

Indigenous Culture and Intellectual Property (ICIP)

“ColonialstructuressaythatIownthe

workthatIhavedone–thewaythe

systemworksitsaysthatIownit.Idon’t

ownit.Documentingdoesnotgiveone

therighttoownit–doingthework

doesnotmeanyouowntheknowledge.

Researchanddocumentingshouldbe

separatedfromlmmakingrights.

 Accordingtocopyright,ifIinventastory

frommyownimaginationIalonehave

therighttomakethatstory;and75

yearsitgoesintothepublicdomainof

Canadianlaw.Anyonecanthenuseit.

Ourstoriesareolderthan75years

already–sosouthernersconsiderit

publicdomainalready.Wehavemore

responsibilitytorespectwhereitcomes

fromandwhoistellingit.Mostimportant

isthatwearenotrobbingfuture

generationsofourhistorybutsetting

itupforfuturegenerationstohave

creativefreedomtotellstories,without

messinguptheoriginalstory.“

— Alethea Arnaquq-Baril, Filmmaker

CONTEXT FOR SCREEN PROTOCOLS IN CANADA

AccordingtoCanadianlaw,regardlessofcommercialvalue,the

rights for any original creative work.

forliterary,artistic,dramaticormusicalworks(includingcomputer

programs) and other subject-matter known as performer’s

performances,soundrecordingsandcommunicationsignals.

YoumustapplyforacopyrightinCanada,payafeeanditon

average is in standing until 50 years past the owner’s death.

Although there are cultural and Aboriginal laws that protect

condentialIndigenouscontent,traditionalIndigenousknowledge

is not inherently protected by Intellectual Property laws. Both

international and Canadian copyright laws do not protect

intellectualpropertyofcommunities,onlyofindividuals.Thus,

the individual protections afforded by existing Intellectual

Property (IP) regimes are said to be inconsistent with Indigenous

customsandlawsandwiththeIndigenousworldview,inwhich

“knowledgeiscreatedandownedcollectively,andresponsibilityfor

itsuseandtransferisguidedbytraditionwallawsandcustoms.”

As discussed by Gregory Younging in Elements of Indigenous

Style: A Guide for Writing By and About Indigenous Peoples,the

modern concept of Indigenous Cultural Property (as developed

by Indigenous people) is an assertion of contemporary Indigenous

cultural reality in a post-contact world preoccupied with ownership

designation.“IndigenousPeoplesthinkofCreationassomething

that includes and sustains all living things. People are part of it

andresponsibleforcaringforit.Thequestionof“whoownsit”has

nocontext.”

AsdescribedinaUnitedNationsreport,Indigenouspeoples’

rights to their knowledge and culture differ from conventional

intellectual property rights (IPRs) in the following ways

•Indigenouspeopleshavecollectiverights,oftenvestedinclan,

familyorothersocio-politicalgroups;

• Indigenous peoples’ cultural heritage and expressions often

cannotbeassociatedwithasingle,identiableindividual

creator,authororproducer;

•culturalheritage,objectsandexpressionsaremanagedand

ownedinaccordancewithcustomaryrulesandcodesofpractice,

and are usually not sold or alienated in ways that conventional

IPRscanbe;

•Indigenousrightsincludeallformsoftraditionalknowledge,

suchasintangibleculturalproductsandexpressions,noneof

whichareprotectedunderconventionalIPRslaw;

•Indigenouspeoples’knowledgeistransmittedorally,andis

therefore not subject to the same requirements regarding

materialformsthatpertaintoconventionalIPRslaw;

• Indigenous traditional knowledge is usually held by the owners and

theirdescendantsinperpetuity,ratherthanforalimitedperiod.

“Ownershipwasboundupwithhistory.Withoutawrittenlanguage

wenonethelessrecordedhistoryandknowledge.Communities,

families,individualsandnationscreatedsongs,dances,rituals,

objectsandstoriesthatwereconsideredtobeproperty,butnot

property as understood by the Europeans. Material wealth was

redistributed,buthistoryandstoriesbelongedtotheoriginatorand

couldbegivenorsharedwithothersasawayofpreserving,extending

andwitnessinghistoryandofexpressingone’sworldviews.”

CONTEXT FOR SCREEN PROTOCOLS IN CANADA

InCanada,accordingtoDr.MarieBaptiste:

“Wehaveauniquewayoftellingourstoriesby

contextualizingthemandassigningoursetofvalues;

ourcinemaiscollective,andthelmsweproduce

belongtotheentirecommunity.Theideaofcopyright

isdifferentforus-nothinghassoleproprietorship.A

creatorthusfulllstheroleofintermediaryandhasthe

responsibilitytoshareanddisseminatethework“.

— Youth Respondent

“Indigenousknowledgeisbestprotectedundersections

35and52oftheConstitutionAct,1982.Whileworkis

underwayininstitutionsandacademiatoadequately

protectICIPunderCanadiancopyrightsandpatents

forintellectualorculturalpropertylaws,whichdistin-

guishsharplybetweenartisticworks(withcopyright

and“neighboringrights”toartisticperformances),

commerciallyvaluablesymbols(withtrademarks),and

usefulscienticknowledge(withpatents).Forexample,

apatent,atrademark,oracopyrightcannotadequate-

lyprotectaceremonythatusesstrikingsacredsociety

symbolismtocommunicateempiricalknowledgeof

medicinalplants…

Indigenousknowledgethusembodiesawebof

relationshipswithinaspecicecologicalcontext;contains

linguisticcategories,rules,andrelationshipsunique

toeachknowledgesystem;haslocalizedcontentand

meaning;hasestablishedcustomswithrespectto

acquiringandsharingofknowledge(notallIndigenous

peoplesequallyrecognizetheirresponsibilities);and

impliesresponsibilitiesforpossessingvariouskindsof

knowledge.

Indigenousstorieshavelostmucheducationaland

socialvalueduetocolonization,whichresultedinweak

translationsfromAboriginallanguagestoEnglish,

storiesshapedtotaWesternliterateform,andstories

adaptedtotapredominantlyWesterneducationsystem.

Thetranslationslosemuchoftheoriginalhumourand

meaningandaremisinterpretedand/orappropriatedby

thosewhodon’tunderstandthestoryconnectionsand

culturalteachings”.

CONTEXT FOR SCREEN PROTOCOLS IN CANADA

Free, Prior & Informed Consent

Consent has long been a contentious work for Indigenous peoples

inCanada.Free,PriorandInformedConsent(FPIC)isoneofthe

cornerstones of United Nations Declaration on the Rights of

IndigenousPeoples(UNDRIP)Resolution,andassuchisastandard

protected by human rights law. While in Canada FPIC generally

referstoactivityintheresourcesector,itisbecomingastandard

of self-determination increasingly used by Indigenous people

regardinganydecision-makingthataffectsthem,andseenasan

emerging standard to upholding Indigenous rights.

“Inplainterms,FPICisknockingonsomebody’sdoorandasking

forpermissionbeforeyoucomein,”explainsGrandChief(Ed)

John.“AcentralelementofFPICisgenuineinclusion,disclosure,

andrespectforIndigenousPeoplesdecision-makingprocesses.”

According to the Australia Council for the Arts Protocols for produc-

ingIndigenousAustralianmediaarts:

“Thereismuchdiscussionaboutobtainingfreeandinformedconsent

fromtraditionalownersbeforeusingtraditionalculturalexpressions,

andausefulsectiononconsent.Itemphasizesfourpoints:

• allow time for the communication of a proposal and for a decision

tobemade,maybemorethanonemeeting;

•rememberthatotherinternalfactorswillinuencethedecision,

notjustknowledgebroughtinfromoutside;

•bepreparedtotake‘no’forananswer:differentkindsofknowl-

edgeoperatinginIndigenouscommunitiesmayconictwiththe

requirementsofaproject;

• respect the views of all factions within a community and make

sure consent comes from the appropriate quarter for a particular

aspectofaproject.”

“Onefoundationalprincipleunderliesdevelopmentof

Indigenouscultureandarts.Thatis,theneedforIndigenous

peoplestocontroltheirintellectualandculturalproperty

(ICIP)andtomanageitinappropriateways.Inorderto

positivelycontributetotheintegrityofIndigenouscultural

life,artsinfrastructuremustsupportIndigenouscontrol

ofICIPmanagement.Anessentialpartofthissupport

isacknowledgementoflocalcommunityauthority,

communalrightsoverculturalheritagematerial,and

engagementofIndigenouspeoplethroughconsultation

andpriorinformedconsentmechanisms.Thismust

bebalancedwithacknowledgementoftheauthority

ofindividualartistsandencouragementofcreativity

andinnovation.”

CONTEXT FOR SCREEN PROTOCOLS IN CANADA

UNDRIP and Narrative Sovereignty Reframing Relationships

The overarching vision of the Indigenous screen content creators

is supporting narrative sovereignty through storytelling on screen.

The most prominent and instructive document to inform the

underpinnings of narrative sovereignty is the UN Declaration

ontheRightsofIndigenousPeoples(UNDRIP),aninternational

human rights instrument adopted by the United Nations General

Assemblyin2007andofciallyadoptedbytheCanadiangovernment

in2016.Canada’ssittinggovernment,inmovingforwardwithnew

relationshipswithIndigenouspeople,citesUNDRIPastheframework

and basis for that relationship. UNDRIP regards the duty of states

to protect Indigenous Traditional Knowledge and cultural rights.

Several components of UNDRIP affect expectations for Canada’s

supportofIndigenousculturalproductionanddissemination,

includingIndigenouspeoplesrights:

“topractiseandrevitalizetheirculturaltraditionsandcustoms.

Thisincludestherighttomaintain,protectanddevelopthe

past,presentandfuturemanifestationsoftheircultures,suchas

archaeologicalandhistoricalsites,artefacts,designs,ceremonies,

technologiesandvisualandperformingartsandliterature.”And,

“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ora,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.”

NationalassociationsrepresentingFirstNations,InuitandMétis

peoples have developed their own principles for the preservation

andprotectionofIndigenousknowledgeandcultures,particularly

in research contexts. Key principles to draw from include respect

forIndigenouspeoples,theircustomarylawsandtraditions,

recognition of Indigenous ownership and control over their rights

totheirintellectualandculturalpropertyandheritage,partnership

andreciprocalrelationships,faircompensationandthesharingof

benets,informedconsent,andcommunityempowerment.

TheRoyalCommissiononAboriginalPeoples(RCAP),theTask

Force on Aboriginal Languages and Cultures and the Truth and

Reconciliation Commission (TRC) have put forward principles to

reframe relationships between Indigenous and non-Indigenous

peoples in Canada. RCAP proposes four principles that are not

onlyrelevanttothescreenprotocols,butalsoillustratetheexisting

expectations of communities with regard to their view of a renewed

relationshipwithnon-IndigenousCanada:

“Ithinkbymovingforwardwithmutual

understandingandrelationships

protocols,traditionalknowledgeand

ourcontemporarypracticeswillbenet

everyoneinmanywaysbecauseitgives

adistinctidentifywithinthenation.

It’saformofnationbuildingwithin

ourownnationsandwithinalarger

collectiveofIndigenousIndigineity

acrossaglobalstage.”

— Ryan Rice, Curator and Educator

CONTEXT FOR SCREEN PROTOCOLS IN CANADA

Recognition

The principle of mutual recognition calls on non-Indigenous

Canadians to recognize that Indigenous people are the original

inhabitants and caretakers of this land and have distinctive rights

andresponsibilitiesowingfromthatstatus.Itrequiresbothsides

to respect each other’s laws and institutions and co-operate for

mutualbenet.

Respect

The principle of respect calls on all Canadians to create a climate

of positive mutual regard between and among peoples. Respect

fortheuniquerightsandstatusofFirstPeoples,andforeach

Indigenous person as an individual with a valuable culture and

heritage,needstobecomepartofCanada’snationalcharacter.

Sharing

Theprincipleofsharingcallsforthegivingandreceivingofbenets

infairmeasure.ItisthebasisonwhichCanadawasfounded,for

if Indigenous peoples had been unwilling to share what they had

andwhattheyknewabouttheland,manyofthenewcomers

would not have lived to prosper. The principle of sharing is

central to the treaties.

Responsibility

Partners in such a relationship must be accountable for the

promisestheyhavemade,accountableforbehavinghonourably,

and accountable for the impact of their actions on the well-being

oftheother.Becausewedoandalwayswillsharetheland,the

best interests of Indigenous and non-Indigenous people will be

servedifweactwiththehigheststandardsofresponsibility,

honesty and good faith toward one another.

Ownership, Control, Access, & Possession

The First Nations Information Governance Centre has developed

thewidelyusedprinciplesofOCAP(ownership,control,access,

andpossession),whichmeansthatFirstNationscontroldata

collectionprocessesintheircommunities,todriveresearchwithin

communities.Thoughtheyfocusoninformationanddata,the

proliferation of OCAP serves to inform First Nation communities

abouthowtoprotecttheirinformation,whichcaneasilytranslate

into the protection of their stories.

Ownership refers to the relationship of First Nations to their cultural

knowledge,data,andinformation.Thisprinciplestatesthata

community or group owns information collectively in the same

way that an individual owns his or her personal information.

TheprincipleofcontrolafrmsthatFirstNations,theircommunities

and representative bodies are within their rights in seeking to

control over 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

nish.Theprincipleextendstothecontrolofresourcesandreview

processes,theplanningprocess,managementoftheinformation

and so on.

First Nations must have access to information and data about

themselvesandtheircommunities,regardlessofwhereitis

currently held. The principle also refers to the right of First Nations

communities and organizations to manage and make decisions

regarding access to their collective information. This may be

achieved,inpractice,throughstandardized,formalprotocols.

Whileownershipidentiestherelationshipbetweenapeopleand

theirinformationinprinciple,possessionorstewardshipismore

concrete. It refers to the physical control of data. Possession is a

mechanism by which ownership can be asserted and protect.

RESOURCES FOR COMMUNITIES

The information and best practices found in this document can

serve as a starting point for developing your own protocols. If a

productioncompanyapproachesyou,aprotocolcanprovide

guidelines for ethical behaviour and practices and ensure that

yourcommunityisrepresentedaccurately.Ifyouhavenotalready,

your community may also wish to develop protocols with respect

toIndigenousknowledge,storiesandcontent.Protocolswillalso

helpyourcommunityunderstandthepossibleimpactsofalm

or television production.

•ensurerespectforyourcommunity;

• ensure the protection of your cultural knowledge and

traditionalstories;

•ensurethecommunityisrepresentedaccurately;

•identifyrespectfulwaysofworkinginyourcommunity;

•identifytheappropriatepermissionsneededforlming;

•providesafeenvironmentsforthosebeinglmed;

•determineoutcomesthatwillbenetyourcommunity;and

•guidediscussionswithlmandtelevisioncrews.

APPENDIX B: RESOURCES FOR COMMUNITIES

“Thefactisitistheirmedium–the

mediumoflmandtelevisionisnotour

tradition–thatdoesnotbelongtous.

Whatdoesbelongtousisourstories

andhowourstoriesgettold.Inthatway

weshouldhavesomecontrol;butitis

uptothecommunitiestovetthestories

andthecompaniesthatcomeinandto

havesomecreativecontrolsothat

storiesdonotgetawayfromthem.

Inthepastweallowedproducersto

dowhatevertheywanted.Intheearly

dayswejustdidwhateverweweretold

becauseitdidnotimpactonusasa

community;weweregettingpaidand

itdidn’tseemtomattertousbecauseit

wasn’tourculture.Thingshavechanged

inthelast20years.Wehavebegunto

exerciseouropinion.“.

— Duke Redbird, Filmmaker and

Cultural Elder

Developing Community Protocols

What can these protocols do?

RESOURCES FOR COMMUNITIES

DEVELOPING PRINCIPLES FOR COMMUNITY PROTOCOLS

1. What are the forms of respect that you expect from people wishing to make a lm or television

program involving your community, culture, concepts or stories? For example, respect for traditional

customs and protocols?

4. Are there any environmental issues that should be taken into consideration when productions are

lmed on your land? Are there locations that should not be used?

2. What forms of control over Indigenous content is important for your community during a lm or

television production? Having involvement in decision-making that concerns your community?

For example, is there a role for the Band Council?

3. How do you treat sacred sites, objects, knowledge or stories involved? What are the sources of permissions in your

community? How does someone obtain the necessary permissions to use your knowledge, culture, concepts or

stories? For example, do you have an Elder’s Council? Traditional Knowledge holders? Language keepers? Are there

any existing policies that would have to be followed? What should never be lmed?

RESOURCES FOR COMMUNITIES

QUESTIONS TO ASK WHEN WORKING WITH SCREEN PRODUCERS

Whose story is it and who is telling the story?

o How will the story be told?

o Who has editorial control over the story?

• Are Indigenous people in key creative roles?

 oIsthewriter,director,orproducerIndigenous?

o Who is advising on the script or other stages of the project?

o Do you plan to involve Indigenous people in all stages of the project?

• How will the production be accountable to community / community members?

o Will the community be providing feedback?

o Do they get to look at scripts?

 oDoesthecommunitygettherstscreening?

o Is there going to be a fee?

o Does the community get copies of footage?

• Are you proposing to use, adapt or alter traditional knowledge, communally owned material or cultural

heritage material in any way?

o What process will you follow to get consent?

 oWhatlegalissues(ifany)areinvolved?Forexample,istheIndigenouscontentintendedforthelmor

television program copyrighted?

o Will members of the community be asked to sign release forms?

• How do you intend to collaborate on your project?

 oWhatbenetswillthecommunitygetforparticipation?(seereciprocitybelow)

o How will you acknowledge the Indigenous communities where the project is located?

• Will the work expose condential, personal and/or sensitive material?

o Does it reinforce negative stereotypes?

o Is the use of language and framing of the issue appropriate?

RESOURCES FOR COMMUNITIES

DEVELOPING RECIPROCITY AGREEMENTS BASIC INFORMATION ON STAGES OF PRODUCTION IN

TELEVISION AND FILM

Yourcommunitymaywishtobenetfromaproductioncompany

useofyourland,andknowledge,particularlyiftheywillbelming

on location for an extended period. What follows can serve as the

basis for an agreement with the production company.

Use of Material

•Whenyoudenehowthelmedmaterialcanbeused,youcan

alsodeneapurposeforthecommunity.Forexample,doyou

want footage for educational purposes? Promotional purposes?

• Will it be translated into your language?

Employment Opportunities

•Usingstaff,crew,andactorsfromthecommunity

o How are they going to be compensated?

o Are there job opportunities for catering? Set design?

Or costume design?

• Using knowledge keepers and language holders

o How will they be compensated for their expertise?

• Are there any training or mentorship opportunities for Indige-

nouslmandtelevisionmakers?

o Are there training or mentorship opportunities for community?

Possible Revenues

• Are there opportunities for the community to earn revenues

from the production?

 oIfso,whatlegalarrangementsneedtobeputinplaceeg.

licensing,co-ownership,co-production?

o Can there be any contributions to cultural or language

programs?

Stages of Production

Therearefourphasestolmandtelevisionproduction:

development,pre-production,production,andpost-production.

Inthedevelopmentphase,theproduceracquiresintellectual

property. The producer also hires a screenwriter to write the script.

Theproduceroftenmustobtaintheinitialnancing,whichis

easier if he/she hires a well-regarded screenwriter and some key

membersofthecast,thedirector,andthecrew.Inpre-production,

theproducerwillhiretheDirector,DirectorofPhotography,

Production Designer and key cast members. A small army of

technicalpeople,suchassetdesigners,cameraoperators,lighting

specialists,transportationpersonnel,etc.,workonthemotionpicture.

Theproduceralsowillscoutlocationsandapprovethenalshooting

script,productionschedule,andbudget.

TheDirectorimplementstheactualshootingoftheproject,

directing the technical crew and cast to bring the script to life. A

lineproducermonitorsthephysicalaspects,overseestheprincipal

shoot,andmonitorsthebudgetclosely.UndertheDirector’slead,

the visual and sound elements captured during the production

areeditedtogetherinpost-production,atwhichpointareadded

music and sound and visual effects.

RESOURCES FOR COMMUNITIES

Key Creative Positions

There are four key creative positions responsible for the creation of

lmandtelevisionprograms:producer,director,screenwriterand

directorofphotography.Increasingly,afthpositionhasgainedin

importanceintelevisionproduction:the“showrunner”.

Producer:Centraltocreatinganytelevisionorlmproductionis

the producer. Producers have overall control on every aspect of

almortelevisionproject’sproduction.Theybringtogetherand

approve the whole production team. Their key responsibility is to

create an environment where the talents of the cast and crew

canourish.Producersareaccountableforthesuccessofthe

nishedlmorprogram.Theysteertheprojectfrombeginning

to completion. The producer often oversees the marketing and

distributionoftheproject,whichareultimatelyhandledbya

distributioncompany.Oncerightssitwithadistributioncompany,

the producer no longer oversees marketing and distribution.

Director:Thedirectoristhepersonwhoactuallymakesthelm

and is the major creative force behind the project. The director is

responsibleforvisualizinganddeningthestyleandstructure

ofthelm,thenbringingittolife.TheDirectoractsasthelink

betweentheproduction,technicalandcreativeteams.

DirectorofPhotography:TheDOPisresponsibleforcreatingthe

visualidentity,orlook,ofthelm.Theymanageallaspectsofthe

lmingandworkwiththeDirector,cameracrewandlighting

department to achieve the desired look.

Screenwriter:TheScreenWritertransformsabasicstoryidea

into a script for use during the production. They are responsible

for researching and developing story ideas and for writing the

screenplay.

Showrunner:Intelevision,thispositioncombinestherolesof

screenwriter and producer. Showrunners write and produce their

own series for television networks. This is the person ultimately

responsible for overseeing every aspect of the making of the show.

RESOURCES FOR COMMUNITIES

Unions and Guilds in the Canadian Film and

Television Production Sector

Theterm“union”inthecreativeindustriesdescribeslabour

organizationsthatrepresenttechnicalpersonnel,suchascamera

operatorsanddirectorsofphotography,andtheterm“guild”

describeslabourorganizationsthatrepresentcreativepeople,

suchaswriters,producers,anddirectors.

ACTRAistheAllianceofCanadianCinema,TelevisionandRadio

Artists.Itrepresentsmorethan23,000professionalperformers

working in English-language recorded media in Canada including

TV,lm,radioanddigitalmedia.

ARRQistheAssociationdesréalisateursetdesréalisatricesdu

Québec.ItrepresentsdirectorsinQuebec.

DGCistheDirectorsGuildofCanada,whichrepresentsover4,800

key creative and logistical personnel in the screen-based industry

coveringallareasofdirection,design,productionandediting.

IATSEistheInternationalAllianceofTheatricalStageEmployees,

MovingPictureTechnicians,ArtistsandAlliedCraftsoftheUnited

States,ItsTerritoriesandCanada.Itrepresentsvirtuallyallthe

behind-the-scenes workers in crafts ranging from motion picture

animator to theater usher.

SARTECistheSociétédesauteursdelaradio,télévisionetcinéma.

It represents French-language writers in all audiovisual sectors.

SCGC is the Screen Composers Guild of Canada. It is the national

association of professional music composers and producers for

lm,televisionandmedia.

WGCistheWritersGuildofCanada,whichrepresentsmorethan

2,200professionalEnglish-languagescreenwritersacrossCanada.

Releases

The EntCounsel website provides a summary for obtaining Copyright

Permission for Film. What follows is an overview of the types of

releases that may be expected by the community or your citizens.

Location/site release

Obtain a release from the owner of the property to provide you

withcopyrightpermissionandpermityoutolmyourstorythere.

Film and television footage clearance

Clearance is required from both the copyright holder (such as the

studio) and the actor. The footage license agreement should have

anoutlineof:

•therightsbeinggranted;

•inwhatformsofmediawillitbeusedin(tv,internet,DVDrights);

•term,territory,licensefee;

•whoisresponsibleforclearancesinthefootage(actors,music,

synchsetc.);

•whoretainscopyrightinthefootage;

•obtainwarrantiesfromlicensoroffootage;

• they have the rights to the footage (including all rights from all

actors,musicians,modelsorothersappearinginthefootage);

•thefootageisorigina;

•itdoesnotinfringetherightsofanythirdparty;

• get an indemnity from the licensor.

RESOURCES FOR COMMUNITIES

Releases

Written releases must be obtained from all individuals who are

recognizableintheproductionorwhosename,imageorlikeness

is used.

•Minors–Iftheindividualisminor,thereleasemustbelegally

binding and must have parental consent (parents sign release)

•Deceased–Iftherecognizableoridentiablepersonisdeceased,

then you must obtain a release from the personal representative

of that person

• Background shots – Releases are not necessary if the recognizable

person is part of a crowd or background short and his/her image

is not shown for more than a few seconds of given special emphasis

(ie. But make sure they are not being associated with any

defamatory remarks).

Character clearances

All characters based partially or wholly on real people (living or

dead) must be cleared.

Sample Code of Conduct

ThefollowingCodewasdevelopedforuseduringthelming

of APTN’s Moosemeat & Marmalade. Communities can use

theideasheretoadapttheirownCodeofConduct,depicting

community expectations of production companies.

• First Nation communities have been studied to death and

exploited by outside interests yet remain open to collaboration.

It is best to utilize a relationship-building approach. Be open to

feedback from the community and recognizing local expertise

is a good way to earn the community’s respect and cooperation.

Ofcestaffshouldestablishtheserelationshipsearlyon,before

theeldcrewarrives.Bepreparedtofollowupwiththoughtful

gestureslikethankyoucards,phonecalls,emailremindersetc.

Assure locals that we will contact them regarding airing dates

and be willing to follow up on commitments.

• It is commonplace now to acknowledge the territory we are in

soearlyonduringanywelcomes,speechesorgroupmeetings,

it’s good for someone representing the crew to do this publically.

Once it’s established by a group representative there is usually

no need for other crew-members to repeat the acknowledgement.

•Whenfeasible,wehavetobeopentoincorporatinglocalhistory,

events,andlandmarksofsignicancethatmayenhanceour

storyorbetterreectthelocalculture.Theofcecrewwilltry

to identify these things in advance to determine whether it’s a

tforourstorylinebutdirectorsshouldalsodotheirbesttobe

aware of the local character of a community or territory.

ETIQUETTE FOR FILMING IN FIRST NATION COMMUNITIES

RESOURCES FOR COMMUNITIES

• Take the time to learn traditional names if that’s what are to be

usedinthenalcredits.It’sourresponsibilitytoknowifsomeone

isaheadchiefor“wingchief”oranyothertitleandtogetthe

proper spelling of traditional names. To leave a nameplate off

from any scene involving a respected community member is a

faux pas.

• There is diversity in our communities ranging from very traditional

political structures (as in the case of hereditary systems) to more

laid-back communities (as in the case of NWT). All communities

still have protocols in place but they are not all the same. Producers

willdotheirbesttondoutthebasicsaheadoftimeandlet

the crew know about any potential surprises. Indigenous

crewmembers may also be willing to share their perspectives

with interested crewmates.

•Ceremoniescanbespontaneoussocamerasmustbeexible.It

can be considered rude to ask an elder to repeat a prayer or to

havethemcontinuallyrepeatgestures,asthismightbeseenas

controlling or patronizing behaviour. Filming of certain ceremonies

isforbiddenbutmostceremoniesthathappenonsetareneto

lm.Wecanalwayscheckwiththepractitionerwhenindoubt.

•Don’tassumethateveryonehastimeforus;someindividuals

who work for their nations are often extremely busy and relied

uponheavilybytheirpeople.Ratherthantheoldlineof“it’s

goodexposure”,it’sbettertorememberthatwemightbe

imposingontheirnormalduties.Wemustalwaysbefriendly,

courteous,andgracious,especiallytowardsEldersandleaders.

•Someindividualsmaybefamiliarwithlmcrews,othersmay

notbe,sotakethetimetoexplainthelmingprocessandthe

importanceoftimelinessandorganizationtoalmcrew.Wedo

our best to explain this upfront in the early stages of planning

with communities but it’s still always good to start off each visit

with an orientation that explains our process in each community

we visit.

•Likeeverywhereelse,thereareoftenpoliticalfactions.Becourteous

butdon’tgetdrawnintoanyinternalconicts.Wearethereto

present the community to our audience through the stories they

are willing to share with us and we aim to do this with as much

integrity as possible. That is our bottom line.

•Regardingsocializing,rememberthatmostcommunitiesface

addiction problems and some remote communities may even

have alcohol bans or by-laws. While crew can feel free to enjoy

alcoholicbeveragesafteraworkday,publicdrunkennesswithin

aFNcommunity,gettingdrunkwithcommunitymembers,or

appearing intoxicated or hung-over on set is a problem that will

beaddressed.Asidefromthis,pleaserelaxandusediscretion

and common sense.

• Small gifts or tokens of appreciation to anyone helping our

productionwhoarenotgettingpaid,isstandardinmost

communities,soproductionshouldalwayscarryswagandsmall

gifts.Giftsforkeyleadersorelderscanbemoresignicantthan

swag i.e. a blanket or small box of tea etc. In certain communities

protocolssuchastheofferingoftobaccotoinvolvedelders,is

practised as part of the decision making process.

RESOURCES FOR COMMUNITIES

Sample Protocol for Respectful Action on Set

Director Darlene Naponse and the producers of Falls Around Her

(2018)developedthefollowingprotocolforrespectfulaction:

How do we work with respect towards each other and practice a

mino dimadawin?

Allcastandcrewhavetherighttobefreeofharassment,

discrimination,sexism,andthreateningordisrespectfulbehavior

from any other cast or crew.

Wethrivetoworkandwalkresponsibly,professionallyand

caringly at all times.

Workandwalkwitha“Goodwayoflife”.Honourtheseven

grandfathers teachings Honesty – Wisdom - Respect - Bravery -

Humility – Truth - Love

We request that you do not wander outside the location. Non

members/residents cannot use the land (take from/alter/disturb/

desecrate)orride,walk,etc.outsidelocationareawithoutpermission.

The lands of Atikameksheng Anishnawbek are collectively

governed by the community. It is not open to public.

Whenworkinginthecommunityandtheland,pleaseremember

toengageandseekpermission.Practicereciprocity,acknowledge

whenneeded,respectandaskaboutprotocols.

Collaborating,collectivelyworkingwithrespect!

Mino bimosdawin – good life

Sample Filmmaker’s Code of Professional Responsibility

The following production Code of Professional Responsibility was

developed by the Nunavut Film Commission and is shared with

boththepublic,communityandproductioncompanyregarding

lminginNunavut.Communitiesmaywanttodeveloptheirown

codesofresponsibility:

ToourCompany:Youareguestsandshouldtreatthislocation,as

wellasthepublic,withcourtesy.Thisnoticehasbeenattachedtothe

lmingnoticationthatwasdistributedtothisneighborhood.We

havenotiedandreceivedpermissiontolmfromthelocalHamlet

orHTOofceaswellastheregionalLandClaimsorganization.

WeshallhireandhavepresentatalltimesduringourstayinNunavut,

someonewhoisuentinInuktitutand/orInuinnaqtunsothat

effective and constant communication is possible with the local

community and Inuit can express their concerns whenever needed.

We shall be sensitive to community rules regarding alcohol and

drugs and shall try in every way possible not to disrupt community

life more than necessary and only as agreed.

WeshallrespectInuitelders,communityleadersandelected

ofcialsandwewillmakeeveryattempttocollaboratewiththem

openly and harmoniously.

RESOURCES FOR COMMUNITIES

To this end we shall make available to property owners and to each

community and its representatives a synopsis translated into the

appropriate local language so that communities can understand

what we are attempting to accomplish.

1.Whenlminginaneighborhoodorbusinessdistrict,proper

noticationistobeprovidedtoeachmerchantorresidentwho

isdirectlyaffectedbythecompany(thisincludesparking,travel-

ingshots,basecamps,mealareas,etc.)

2. Production vehicles arriving on location in or near a residential

neighborhood shall not enter the area before the time stipulated

inthepermit.Theyshouldparkonebyone,turningoffengines

as soon as possible. Cast and crew shall observe designated

parkingareasonly.Donotparkproductionvehiclesin,orblock

driveways without the express permission of the municipal

jurisdiction,orthedrivewayowner.

3. Do not trespass onto neighbors’ or merchants’ property.

Remain within the boundaries of the property that has been

permittedforlming.

4. Moving or towing of the public’s vehicles is prohibited without

the express permission of the municipal jurisdiction or the

owner of the vehicle.

5.Castandcrewmealsshallbeconnedtotheareadesignated

in the location agreement or permit. Use company-supplied

receptaclesforthedisposalofallnapkins,platesandcoffee

cupsthatareusedinthecourseoftheworkingday.Allcatering,

craftservice,construction,strikeandpersonaltrashmustbe

removed from location.

6.Removing,trimmingand/orcuttingofvegetationorfauna

is prohibited unless approved by the permit authority or the

property owner.

7.Allsignserectedorremovedforlmingpurposeswillberemoved

or replaced upon completion of the use of that location unless

otherwisestipulatedbythelocationagreementorpermit.Also,

remember to remove all signs posted to direct the company to

the location.

8. Every member of the cast and crew shall keep noise levels as

low as possible.

9. Observe designated smoking areas and always extinguish

cigarettes in butt cans.

10.Crewmembersshallnotdisplaysigns,postersorpictureson

orinvehiclesthatdonotreectcommonsenseorgoodtaste

(i.e.,pin-upposters...).Castandcrewwillrefrainfromtheuseof

lewd or improper language.

11. Cast and crew will avoid contact of any kind with local dogs

andwillnotdisturborhandleinanywayhuntinggear,sleds,

objectsandartifactsinornearthepremisesbeinglmedoron

the land as they travel from site to site.

RESOURCES FOR COMMUNITIES

Sample Community Safety Protocols

Students of the Indigenous Independent Digital Filmmaking

program at Capilano University developed these Community

SafetyProtocols:

1.Developareleaseform,whichstipulatesthatthefootageofany

interviews of knowledge holders must specify the exact one

timeuseofthefootage;alladditionalfutureusesofthefootage

requireadditionalreleases;

2.TheFirstNationsbandofcemustbenotiedpriortocontacting

knowledgeholdersandanybandlmingprotocolsand

additionalsafetyprotocolsmustbeadheredto;

3.Alloriginalfootageistobegiventotheknowledgeholder;

4.Acopyofallnalprojectsmustbegiventotheknowledge

holderandbandofce;

5.Theknowledgeholderhastherighttotakebacktheirrelease,

intheeventthatthishappens,theirinformationmustbe

excludedfromthenalprojectandalloriginalfootagemust

begiventotheknowledgeholder;

6. The knowledge holder is encouraged to have a representative

presenttowitnesstheirtestimony;

7. The knowledge holder will be compensated with an honorarium

nolessthan$200,thisamountwillbenegotiatedformulti-day

interviews(theremaybeexclusionsforstudentlms);

8. The knowledge holder may request the interview site of

theirchoice;

9. If the interviews are of an emotionally charged subject such as

childhoodtrauma,theinterviewerwillensurethatthesubject

hasqualiedProvinciallyrecognizedcounsellingsupport

(approved by the Indian Residential School Survivor Program or

similar organization of standing) present during the interview

andforfollowup;ifneedbe,attheexpenseoftheinterviewer’s

productioncompany;

10.Thelmmakerswillleavetheknowledgeholder’sinterview

locationintheexactsameconditionasitwasuponarrival,

down to the smallest detail. Photographs of the interview

location will be taken upon arrival to cross reference at departure.

Inconsideration,thatmostknowledgeholdersareelders,

extreme attention to detail on returning the location to original

conditionwillbedocumented,acleaningfeeofaminimum

of $150 will be charged if the location is not left in the exact

samecondition;

11. All location and other request approvals will be in writing to

protectbothparties;

12.Producerswillensurethatculturalprotocolsareadheredto:

 1)environmentfreeofsexual,genderandracialharassment;

2) time and respect given to any need to stop the interview in

ordertoengageinceremonyasawellnessprocedure;

  3)notlminganyeventsspecicallyidentiedasrestrictedor

forbidden.Onthislastpoint,therearestandardprotocolsthat

donotallowthelmingofceremonies,wherethereisa

questionregardingpermissions,theproducermustfollow

thestrictestallowanceforlmingpermissions,meaning

DONOTlmceremonies.

END NOTES

This term is used to refer to both Indigenous creators (writers and

directors) and Indigenous producers of screen-based content.

ReganRied,BringingIndigenousvoicestotheforefront,Playback,May2018.

MarciaNickerson,“CharacteristicsofaNation-to-NationRelationship:

NationalDialogueDiscussionPaper”,InstituteonGovernance,

November 2017. p 2

NylaInnuksuk,“How‘Atanarjuat’taughtanewgenerationofInuk

lmmakersaboutpossibility—andresponsibility”CBCArts·

September20,2017.

LawrenceAbbott,“InterviewswithLorettaTodd,ShelleyNiroandPatricia

Deadman”:TheCanadianJournalofNativeStudiesXVIII,2(1998):p339.

FNHA’SPolicyStatementonCulturalSafety&Humility:“ItStartswithMe”

http://www.fnha.ca/documents/fnha-policy-statement-culturalsafety-

and-humility.pdf

MarciaNickerson,Supporting&DevelopingtheIndigenousScreenbased

MediaIndustryinCanada:AStrategy,preparedfortheCanadaMedia

Fund,December2016.p23

CommunicationsMDR:DevelopingaMediaProductionGuidetoWorking

withFirstNations,MétisandInuitCommunitiesinCanada:ABackground

Report,imagineNATIVE,August15,2017.p13.

MaurieAlioffandSusanSchoutenLevine,“TheLongWalkof

Alanis Obomsawin

A1987CinemaCanadainterviewwiththelmmaker”,PointofView

MagazinepublishedMay3rd,2016.

OntarioArtsCouncil:IndigenousArtsProtocols,October2016http://www.

arts.on.ca/oac/media/oac/news/2016/Indigenous-Arts-Protocols.pdf

Younging p45

Younging p 97

Dr.EllaHenryandMelissaWikaire,THEBROWNBOOK:MāoriinScreen

Production,NgāAhoWhakaari:AssociationofMāoriinScreenProduction,

July 2013. P 62

CommunicationsMDR:DevelopingaMediaProductionGuidetoWorking

withFirstNations,MétisandInuitCommunitiesinCanada:ABackground

Report,imagineNATIVE,August15,2017.p38

CommunicationsMDR:DevelopingaMediaProductionGuidetoWorking

withFirstNations,MétisandInuitCommunitiesinCanada:ABackground

Report,imagineNATIVE,August15,2017.p21

Canadian Council for the Arts. Supporting Indigenous art in the spirit of

cultural self-determination and opposing appropriation. Nd. p 2.

Goulet,Danis,andKerrySwanson.IndigenousFeatureFilmProductionin

Canada:ANationalandInternationalPerspective.imagineNATIVEFilm+

Media Arts Festival. 2013. p. 43-44

Canadian Council for the Arts. Supporting Indigenous art in the spirit of

cultural self-determination and opposing appropriation. Nd. p 3.

MarieMumford,AssociationforNativeDevelopmentinthePerforming

and Visual Arts RCAP submission

CMF Strategy p 16

RoyalCommissiononAboriginalPeoples(RCAP).PeopletoPeople,Na-

tiontoNation.LookingForward,LookingBack:TheRoyalProclamation.

CanadaCouncilfortheArts.“AboriginalArtsResearch.”October12,

2009.http://www.canadacouncil.ca/publications_e/research/art_abo/

tj128945779310055866.htm

Truth&ReconciliationCommission,HonouringtheTruth,Reconcilingfor

theFuture:SummaryoftheFinalReportoftheTruthandReconciliation

CommissionofCanada,2012.p1

ErinHanson,“TheSixtiesScoop&Aboriginalchildwelfare”,UBC.Accessed

from:https://indigenousfoundations.arts.ubc.ca/sixties_scoop/Accessed

November 20 2018.

MarieBaptiste,IndigenousKnowledge:FoundationsforFirstNations,

UniversityofSaskatchewan,2005.p2

MichaelJ.Chandler,ChristopherLalonde,“CulturalContinuityasaHedge

againstSuicideinCanada’sFirstNations”,FirstPublishedJune1,1998

END NOTES

AssemblyofFirstNations,ACloserLook:RevitalizingIndigenous

Languages,2015.

JenniferPodemski,“‘Thepowertosavelives’:JenniferPodemski’smustread

callforIndigenousrepresentationinmedia”,CBCArts,February27,2018.

OntarioArtsCouncil:IndigenousArtsProtocols,October2016http://www.

arts.on.ca/oac/media/oac/news/2016/Indigenous-Arts-Protocols.pdf

LorrettaTodd,NotesonAppropriation,ParallelogrammeVol.16No.1

DuncanMcCue,“HowanewwaveofIndigenouscinemaischangingthe

narrativeofCanada”,CBCNews·Posted:Jun21,20184:00AMET|Last

Updated:June22

Couchie,Aylan.ReturningOurVoicestoUs:Therecentdebateabout

cultural appropriation shows that true reconciliation is not about saying

sorry,it’saboutlisteningtoIndigenousvoices.PolicyOptionsPolitiques.

May16,2017.

LisaJackson,“GivingIndigenousstorytellersspacetosettherecord

straight”.GlobeandMail,August27,2018.

ForadditionalinformationonCanadianCopyrightprotectionspleasevisit:

https://www.ic.gc.ca/eic/site/cipointernetinternetopic.nsf/eng/h_wr02281.

html#protectValuableCreations

GovernmentofCanada,CanadianIntellectualPropertyOfce,Copyright

Law,Retrievedhere:https://www.ic.gc.ca/eic/site/cipointernet-interne-

topic.nsf/eng/h_wr02281.html

GregoryYounging,ElementsofIndigenousStyle:AGuideforWritingBy

andAboutIndigenousPeoples.BrushEducation,2018.p25.

LorrettaTodd,NotesonAppropriation,ParallelogrammeVol.16No.1

UnitedNationsHumanRightsCouncil,Promotionandprotectionofthe

rightsofindigenouspeopleswithrespecttotheirculturalheritage,Study

bytheExpertMechanismontheRightsofIndigenousPeoples,August

19,2015.

CommunicationsMDR:DevelopingaMediaProductionGuideto

WorkingwithFirstNations,MétisandInuitCommunitiesinCanada:A

BackgroundReport,imagineNATIVE,August15,2017.p4

Dr.MarieBattiste,IndigenousKnowledge:FoundationsforFirstNations.

UniversityofSaskatchewan,Saskatoon.2005p8.

Jo-annArchibald,IndigenousStorywork:EducatingtheHeart,Mind,

Body,andSpirit,UBCPress,2008,pp3-7.

AgnesPortalewska,Free,PriorandInformedConsent:Protecting

IndigenousPeoples’RightstoSelf-Determination,Participationand

Decision-Making.CulturalSurvivalQuarterlyMagazine:December2012.

https://www.culturalsurvival.org/publications/cultural-survival-quarterly/

free-prior-and-informed-consent-protecting-indigenous

CulturalDevelopmentNetwork,“Informedconsentproject:Literaturereview

andguidelinesforcommunity-basedartsprojects”:VictorianHealth

Promotion Foundation February 2011. p 7

TerriJankeandRobynneQuiggin,Indigenousculturalandintellectual

property:themainissuesfortheIndigenousartsindustryin2006,

preparedforAboriginalandTorresStraitIslanderArtsBoard,Australia

Council,May10,2006,page9.

United Nations Declaration Rights of Indigenous Peoples Resolution

adopted by the General Assembly [without reference to a Main Committee

(A/61/L.67 and Add.1)] 61/295. See Appendix D for additional UNDRIP

references.

OntarioArtsCouncil:IndigenousArtsProtocols,October2016.http://www.

arts.on.ca/oac/media/oac/news/2016/Indigenous-Arts-Protocols.pdf

RoyalCommissiononAboriginalPeoples.“Peopletopeople,nationto

nation:HighlightsfromthereportoftheRoyalCommissiononAboriginal

Peoples”.MinisterofSupplyandServicesCanada1996.

“OCAP®isaregisteredtrademarkoftheFirstNationsInformationGov-

ernanceCentre(FNIGC)”Pleasereferto(https://fnigc.ca/OCAP)andfor

furtherclarication,pleasewatchthisinformativevideo.

MariaDeRosaandMarilynBurgess(CommunicationsMDR),Developing

aMediaProductionGuidetoWorkingwithFirstNations,MetisandInuit

CommunitiesinCanada:AnnexestoBackgroundReport,August15,2017.

BIBLIOGRAPHY / RESOURCES

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PatriciaDeadman.”TheCanadianJournalofNativeStudies.Volume

XVIII,Issue2.1998.

AcademyofCanadianCinemaandTelevision.retrievedfromhttps://

www.academy.ca/2018/13533/

AlaskaNativeScienceCommission.EthicsandProtocols.Anchorage,AK.

Retrievedfromhttp://www.nativescience.org/communities/code.htm-Code

Archibald,Jo-ann.IndigenousStorywork:EducatingtheHeart,Mind,

Body,andSpirit.UBCPress.2008.

AssemblyofFirstNations,ACloserLook:RevitalizingIndigenous

Languages,2015.

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University of Saskatchewan. 2005.

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TelevisionFund,theNationalFilmBoard,theDepartmentofCanadian

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Forestry.JUNE22,2016.

CanadaCouncilfortheArts.“AboriginalArtsResearch.”October12,

2009.http://www.canadacouncil.ca/publications_e/research/art_abo/

tj128945779310055866.htm

Canadian Council for the Arts. Supporting Indigenous art in the spirit of

cultural self-determination and opposing appropriation. Nd.

CanadianMediaProducersAssociation.“CanadianContentseesStrong

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