Question Period Note: Repatriation of Indigenous Cultural Property

The Minister of Canadian Heritage has been tasked, by way of his mandate letter, to co-develop a framework to enable the repatriation of Indigenous cultural property and ancestral remains.

• The Government recognizes the importance that repatriation of ancestral remains and cultural property has for Indigenous communities in Canada.
• We have a long-standing record of facilitating repatriation through programs that have enabled the recovery of important material within Canada and from abroad.
• We look forward to co-developing this repatriation framework with our Indigenous partners and engaging in discussions with the museum community.

• The 2015 report of the Truth and Reconciliation Commission includes a recommendation that Canada should fully adopt and implement the principles of the United Nations Declaration on the Rights of Indigenous People and that the Government of Canada should use the Declaration as a framework for reconciliation.
• Article 11 and Article 12 of the Declaration refer specifically to cultural property and the repatriation of human remains. A national repatriation framework would contribute to the implementation of Article 12 of the United Nations Declaration.
• The Truth and Reconciliation Commission report recommended funding for a national review of museum policies and practices (Call to Action 67), but did not make any specific recommendations concerning repatriation. The current national review of museum policies is being conducted by the Canadian Museums Association and is expected to be completed by 2022.
• According to preliminary data from the 2019 Government of Canada Survey of Heritage Institutions, almost one-third of heritage institutions in Canada have collections that include Indigenous cultural property or ancestral remains that are associated with Indigenous Peoples of Canada. This equates to over 6.5 million artifacts and approximately 2,000 full or partial remains. The Government of Canada has Indigenous material in its collections through the national museums and through other departments and agencies such as Parks Canada. Additional cultural property resides in private collections in Canada.
• The cultural property and ancestral remains of Indigenous Peoples are also housed in museums, other institutions and private collections around the world. It is a complex task to locate indigenous material abroad, and foreign states and international institutions may have their own requirements (such as that a request for repatriation be made by the Government of Canada) that will need to be considered and accommodated in the development of a repatriation framework.
• In February 2018, Member of Parliament for Cumberland-Colchester tabled Private Member’s Bill C-391. The Bill would have required the Government of Canada to develop and implement a national strategy for the repatriation of Indigenous cultural property and tasked the Minister of Canadian Heritage as the responsible minister. Bill C-391 was supported by all parties (with amendments) and it was adopted by the House of Commons. However, the Bill did not pass Second Reading in the Senate and it died when Parliament was dissolved in September 2019.
• Legislation, such as that proposed by Member of Parliament for Cumberland-Colchester, is not required in order for the Department of Canadian Heritage to develop and implement a national framework for the repatriation of Indigenous cultural property and ancestral remains.
• The Canadian Museum of History has been at the forefront of repatriation for several decades, working in close collaboration with Indigenous communities and engaging in respectful, transparent and open dialogue on matters of mutual interest.
• Since the early 1990s the Museum of History has engaged in repatriation through four main paths: (1) In response to requests received from Indigenous communities; (2) Through the Museum’s Sacred Materials Project – a Program that was initiated in 1993, and provides Indigenous communities with an opportunity to review collections held by the corporation, identify objects requiring special care, and discuss repatriation, as required); (3) Through the Federal treaty process; and (4) Via a dedicated team that was formally created in 2016 both to proactively plan for repatriation and to respond to individual requests on a case by case basis.
• Repatriation is one of many ways in which the Museum of History works in close collaboration with Indigenous communities on initiatives to ensure access to the collections. These initiatives include shared custodial agreements, long term loans, collaborative research projects, the Sacred Materials Project, as well as visits of the collections upon request which foster the mutual sharing of knowledge and expertise.
• The Prime Minister has tasked the Minister of Canadian Heritage with “co-developing, with Indigenous Peoples, a framework for repatriating Indigenous cultural property and ancestral remains.” The process for co-developing the repatriation framework with Indigenous Peoples will also include consultations with the museum community and other related stakeholders.

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