DAY 1 | 10:45-11:45am | BALLROOM F&G
| BENJAMIN BROOKWELL, Associate, OKT (Olthuis Kleer Townshend LLP)
I am a lawyer practicing in Toronto, Ontario, Canada. My firm, OKT is recognized as a leading Aboriginal law firm in Canada.
My practice focuses on the protection of Indigenous rights, treaty rights, and title through litigation and negotiation. I also work with First Nations and Indigenous organizations to advance their right to protect the data that they collect from individuals, communities, and regional organizations.
The experience that I would like to share at the summit is the practical challenges that Indigenous people in Canada face when they try to enforce principles of Indigenous data sovereignty in data sharing agreements with external partners, including governments.
At the moment, the legal landscape in Canada is in flux. There are some guiding principles for protecting Indigenous data, but no firm rules or laws. I propose to share my experience in negotiating agreements that protect Indigenous data. In particular, the challenges that Indigenous people face in conveying the importance of protecting their data and the resistance they encounter from external partners who often cannot understand why “business as usual” and standard intellectual property terms are not enough when it comes to Indigenous data.