Indigenous Guardians get Results: a Small but Mighty Marine Guardian Program Makes Strides in Data Collection and Monitoring

Canada’s track record with Indigenous peoples is poor to say the least. Indigenous communities have largely been left out of the conversation regarding legal approaches to our environmental crisis. However, since the publication of the Truth and Reconciliation Commission’s Calls to Action in 2015 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007, there has been a rapid rise in Indigenous-led approaches to environmental law.

The benefit of Indigenous Guardians is twofold. For one, they deliver effective environmental protection; and two, they uphold Indigenous laws within their Nations’ inherent jurisdiction. After years of pressure, the Federal Government officially launched the Indigenous Guardians program in 2017. They have since invested around $70 million in Indigenous Guardians and recently announced an additional $12.8 million in funding. This financial support has allowed the number of Guardian programs to grow from 30 to over 160 in just five years. 

Although many Indigenous Guardians deserve recognition, one in particular is making impressive strides in protecting a species best known for its appearance in films like Blackfishand Free Willy – killer whales. The QENTOL, YEN Marine Guardians Program was launched in 2022 by the W̱SÁNEĆ Leadership Council, which is comprised of two of the five communities that make up the W̱SÁNEĆ Nation – Tsartlip and Tseycum. The territory of the W̱SÁNEĆ Nation is located along the Saanich Peninsula and throughout the Southern Gulf Islands. The QENTOL, YEN Program is dedicated to protecting the Southern Resident Killer Whales (SRKW), also known as KELŁOLEMEĆEN, in their territory. Their mission is crucial as they advocate for the KELŁOLEMEĆEN by implementing initiatives that anticipate the Government of Canada’s recognition of the importance of Indigenous science. Unfortunately, the KELŁOLEMEĆEN face increasing threats to their survival and recovery and are listed as endangered under Canada’s Species at Risk Act. The main threats they face are pollution, vessel traffic, and declining food supply.

W̱SÁNEĆ refer to themselves as Saltwater People because of how important the sea is to their way of life. Their relationships with the natural world, informed by stories, language and knowledge, determine how they interact with it and thus, determine their law. 

Concerns about the SRKW population led to the implementation of management measures by the federal government in 2021. Any boat in southern BC coastal waters must now stay 400 metres away from killer whales and must reduce their speed to 7 knots when they are within 1,000 metres of the whales. They also introduced Interim Sanctuary Zones (ISZ) which are areas of importance for SRKW foraging habits. Boats are not allowed to enter these zones during certain months. In addition to these government sanctions, the Port of Vancouver’s Enhancing Cetacean Habitat and Observation (ECHO) Program created voluntary slow-down zones in critical SRKW habitat, which QENTOL, YEN hopes to make mandatory. These measures are focused on boat speed and presence because killer whales use echolocation to hunt, navigate, and identify members in their “pod” family, which is why noise pollution is detrimental to their survival. 

Although the measures taken are a step in the right direction, they were slow to be enacted and are often loosely enforced. Hence, it is imperative to grant more power to Guardians like QENTOL, YEN, whose entire focus is on the well-being of KELŁOLEMEĆEN. They have shown remarkable achievements in this regard, as evidenced by their two reports. The first report covers their monitoring from November 2022 to March 2023, while the latest report covers the period from April 2023 to March 2024. They have been able to fill gaps in existing data, better understand KELŁOLEMEĆEN behaviors, and partner with other organizations to improve data collection and research.

One of the first actions taken by the Guardians was purchasing their own vessel, named QENTOLYEN1, to establish a physical presence on the water. This has enabled them to fill in data gaps regarding compliance with the federal measures. Vessel activity is currently tracked by Transport Canada’s Enhanced Maritime Situational Awareness (EMSA) initiative. However, many vessels still go undetected if they are not equipped with a tracking system, or if it malfunctions or is deactivated. The QENTOL, YEN team is able to monitor undetectable vessels from QENTOLYEN1 and compare their data with that of the EMSA.

The Guardians have also made strides in their own data collection. They have installed two  hydrophones in the Southern Gulf Islands to detect and capture KELŁOLEMEĆEN sounds from wide ranges. These hydrophones will help monitor KELŁOLEMEĆEN when the Guardians are not on the water and help to better understand how vessel traffic impacts whale behaviour. While providing a more fulsome collection of data, it will also give them leverage with industry or government agencies to advocate for change. They will have the data to back their demands for better protection measures. For this hydrophone installation, QENTOL, YEN partnered with the Humans and Algorithms Listening and Looking for Orcas (HALLO) project at Simon Fraser University and the North Coast Cetacean Society (BC Whales).

Collaborating with like-minded groups is an important feature of the QENTOL, YEN vision. In addition to HALLO and BC Whales, the Huu-ay-aht Guardians from the west coast of Vancouver Island visited QENTOL, YEN in 2023 to conduct joint research and share ideas, knowledge, and techniques. Partnering with small, grassroots organizations is a unique opportunity for Indigenous Guardians that comes with many benefits. There is a level of trust built into working with groups that share common values and goals, which may not exist when partnering with large government agencies. Groups with a specific focus are also likely to have team members with unique expertise. By collaborating, the groups can compare data and fill in any gaps, while developing innovative ideas to achieve their goals.

Amidst these successes, Indigenous Guardians are still facing limitations. Since Indigenous laws are not recognized under Canadian law, Guardians are not able to enforce regulations or punish non-compliance. They are currently limited to being the “eyes and ears” of their traditional territories. They need and deserve more. There are many examples of Indigenous Nations in control of enforcement in their territories, such as the Lummi Nation in Washington. They have a joint monitoring agreement with the Washington State Department of Natural Resources over natural resource management. This gives Lummi Patrol officers the capacity to “make arrests, issue citations, inspect and confiscate gear and equipment, and file complaints in Lummi Tribal Court”. Other examples of Indigenous groups with enforcement capabilities are restricted to the United States. This is a clear gap in Canadian law. Canadian governments should recognize the legitimacy of Indigenous law by allowing Nations to exercise authority over their jurisdictions.

Empowering Indigenous Guardians should be the focus of Canadian environmental law. It is clear by now that the federal government is not properly positioned to effect meaningful change. It is swayed by external pressures, slowed down by layers of red tape, and distracted with other priorities. By contrast, Indigenous Guardians can draw from generations of knowledge, focus their time on certain species and regions, and engage in unique collaborations. Like QENTOL, YEN, they often have a deeply vested interest in their lands and waters because of ancestral connections. To put it simply, they care more. After all, who is in a better position to protect the environment than the people who have been successful stewards since time immemorial? Personally, my bets are on the Indigenous Guardians.