Question Period Note: Repatriation of Indigenous Cultural Property

The repatriation of Indigenous cultural property and ancestral remains has the potential to advance reconciliation and build a new relationship with Indigenous Peoples, while contributing to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

• The Government recognizes the importance of the repatriation of cultural property and ancestral remains for Indigenous communities in Canada.
• Repatriation of Indigenous cultural property and ancestral remains can help advance the reconciliation process with Indigenous peoples, while contributing to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
• 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 continued collaboration on this important work.

• The 2015 report of the Truth and Reconciliation Commission included a recommendation (Call to Action 43) that Canada should fully adopt and implement the principles of the United Nations Declaration on the Rights of Indigenous People (UNDRIP) and that the Government of Canada should use UNDRIP as a framework for reconciliation. On June 21, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent and has now come into force.
• The repatriation of Indigenous cultural property contributes to the implementation of Article 11 and Article 12 of UNDRIP, which refer specifically to cultural property and the repatriation of human remains.
• The Truth and Reconciliation Commission report also recommended funding for a national review of museum policies and practices to determine their compliance with UNDRIP (Call to Action 67) but did not make any specific recommendations concerning repatriation. This review is being conducted by the Canadian Museums Association and is expected to be completed by March 31, 2022.
• The co-development of a national repatriation framework was included in the December 2019 mandate letter for the Minister of Canadian Heritage. Work on this initiative was paused in March 2020 as the Department focused on dealing with the COVID-19 crisis.
• According to the 2019 Government of Canada Survey of Heritage Institutions, close to 26% 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 6.7 million artifacts and approximately 2,500 full or partial remains. The majority (94%) of these items are held by eight of the largest institutions in Canada with archeological collections. 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 need to be considered and accommodated.
• 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.

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