Bill C-391 (Historical)

Indigenous Human Remains and Cultural Property Repatriation Act

An Act respecting a national strategy for the repatriation of Indigenous human remains and cultural property

This enactment provides for the development and implementation of a national strategy to enable the return of Indigenous human remains and cultural property to the Indigenous peoples of Canada.

Aboriginal Cultural Property Repatriation Act

[Bob Saroya, Conservative, Markham—Unionville, ON]

Mr. Speaker, I am pleased to rise today to speak in support of Bill C-391, which has been proposed by the member for Cumberland—Colchester.

As my colleague previously stated, the bill is not perfect. There were some amendments to it that the Liberals should have taken into consideration at the committee stage. However, ultimately, reconciliation is important and is something that this side of the House takes very seriously. Repatriating indigenous human remains and cultural property is a crucial step in that process. It is also something that is very important to Canada's indigenous people, and I respect their desire to achieve this. Because of that, my colleagues and I can ultimately support the bill and its intended purpose.

I would like to provide some background on the bill we are discussing today, the aboriginal cultural property repatriation act.

It should be noted that aboriginal cultural property is defined in the bill as “objects of historical, social, ceremonial or cultural importance to the Aboriginal peoples of Canada”. If passed, the bill would require the Minister of Canadian Heritage to co-operate with first nations, Inuit and Métis peoples of Canada to develop and evaluate a national strategy on aboriginal cultural property repatriation.

This is important because many items of aboriginal cultural property were taken, purchased, traded and gathered by different groups, including missionaries, collectors, government agents and others, during the late 1800s and early 1900s. Some of these items are as precious as ancestral human skeletons and sacred objects. Many of these items have since been placed in museums and institutions, where they are on display or studied. For the most part, this was done without any consultation or approval from aboriginal communities. They were left out of the decision-making process. They are now requesting to be involved and in some cases to have the property returned to their people. This is not an unreasonable request.

The bill is an important step in supporting the United Nations Declaration on the Rights of Indigenous Peoples and a call to action from the Truth and Reconciliation Commission, two things that those of us on this side of the House have supported. We believe in the importance of broadening Canadians' historical literacy and appreciation, and we support initiatives that educate and that celebrate Canadian history. This obviously includes the rich and important history and culture of Canada's aboriginal peoples.

The purpose and the important step toward reconciliation that would be facilitated through the bill has been reiterated by various stakeholders. Hearing from these stakeholders is an important part of the process and also of determining the appropriateness of legislation like this.

For instance, we heard Millbrook First Nation Chief Bob Gloade tell the CBC that his community has been working on repatriating several important artifacts. In reference to this piece of legislation, he said:

It has cultural significance and it has historical importance to have it back....

Having federal legislation will make it a little easier with the support of the federal government....

The committee had the opportunity to hear from Mr. Clément Chartier, the president of the Métis National Council, who stated:

Bill C-391 is a good first step for Canada to reconcile these injustices. It will serve to make way for indigenous peoples to reclaim their cultural property and to guide all involved in processes that should ultimately make everyone feel that this is the right course of action. The repatriation of aboriginal cultural property is going to speed up the process of cultural renewal for indigenous peoples. It will reflect a time Canadians should not be proud of, and support a time in which Canadians can take great pride.

The committee also heard from Ms. Aluki Kotierk, the president of Nunavut Tunngavik Incorporated. She also stated her support for Bill C-391:

…I will say that when I'm reading this bill, it indicates that artifacts can be used for educational purposes. This is very important, in my view. It is very important to us Inuit that Inuit artifacts be inside Nunavut, which they are not. They are housed somewhere else.

The young people should see their own way now in Canada.

That is an important point. The process would allow indigenous young people to actually see items and artifacts of significance from their history that reflect their heritage. They can learn from seeing these items with their own eyes and develop a strong sense of pride in their history and ancestors.

There are still steps needed to figure out how to deal with what was often mentioned by stakeholders during committee meetings, but taking this first step is important and significant and is one my colleagues and I are supportive of.

That being said, I would be remiss not to reiterate what my colleague has previously stated, which is that this bill must not in any way tamper with private property or force anyone to give up legally acquired artifacts. It is important that this concept be respected, even though we only have verbal assurances, because the bill does not specifically mention the protection of private property. Therefore, we are expecting that there would be no consequential changes to private property in Canada.

I need to bring this point up because even though we have been assured by the member for Cumberland—Colchester that this would not be the case, there are stakeholders who have voiced concerns about this. Because the Liberals were not in favour of amendments proposed by concerned stakeholders, it is important that verbal assurances be upheld on this point.

To conclude, I want to thank the member for Cumberland—Colchester for bringing forward this bill. It is an important step in the right direction. I am happy to support this legislation, and I know that my colleagues are also in agreement. I think there are some important elements that need to be respected. Ultimately, I am pleased to support this bill, and I am thankful for the opportunity to speak on this important subject.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, I am pleased to be able to rise in the House and speak to this bill at second reading. Bill C-391, An Act respecting a national strategy for the repatriation of Aboriginal cultural property, is something New Democrats are supporting.

It is very important for us to acknowledge that some of the historical events that have taken place have had injurious effect and harm that we need to address. In fact, we see it not only with regard to the specific things in museums and private collections, but also within pop culture and everything from cinema to other things where the cultural appropriation of a number of different objects and items has violated the culture of many different groups. It is unfortunate that this has taken place.

In fact, some of it even goes back to the Roman Empire. Cultural appropriation was of trophies during colonialism and other types of territorial occupations that have taken place to this day. Cultural appropriation involved everything from smaller, more easily carried objects to larger institutional statues and other types of materials and substances that were quite laborious to transport.

This bill, in second reading, is part of a larger discussion. I sit on the innovation committee, where we are studying copyright and doing the five-year review of the act. One of the important things we are looking at is copyright belonging to indigenous peoples. We had testimony as we went across the country related to how to go about protection and then inclusion, and we heard differences of opinion about copyright and also heard from cultures that have a different set of systems from the copyright system that we have through our existing colonial laws. That discussion is ongoing and is going to be one of the more interesting aspects of our report, which is now being compiled.

All political parties sit on this House of Commons committee, and we will discuss these issues. This committee has been functioning very well, not only in terms of how it operates in general but also specifically on the copyright issue in this component.

Today we are talking about Bill C-391, and it is appropriate that we will be addressing some of the things that have taken place in the past. However, the issue over copyright is that it is also about addressing things that are taking place right now and in the future.

What we need to understand is that with the cultural appropriations we have had and the historical events that have taken place on indigenous cultures and heritage, repatriating items is very important. People have had human rights violated when cultural heritage has been disturbed, stolen, excavated, exchanged, taken under duress, studied, exhumed and moved beyond the boundaries of their territories in Canada without free and prior consent.

It is important to talk about that, because many of the problems that we face are a result of unilateral action. It is not good enough for us to rely on the thought or the argument that it is just science or it is history or it is being done in order to share and exchange. Especially given the fact that it has been done unilaterally, that is not good enough for then and it is certainly not good enough for now. This bill looks to take those things and to restore the ownership that has been lost. Even funerary objects have been taken. We have seen cases of people's privacy and personal items being very much at stake.

It is important because Canada has signed on to the universal declaration with regard to indigenous rights and culture. We have had that in the past. In fact, it goes back to a time when laws and United Nations resolutions were passed in the 1970s and 1980s, which we were supposed to follow but did not.

It is good to see a bill that addresses the national front because international agreements certainly do not complete the circle of responsibility that is required. For us, as a country, to absolve ourselves of doing so without a legislative footprint is certainly not acceptable. Therefore, getting the bill to the next stage is important.

Some of my family history is from England. People had curio cabinets. They would place items and objects from distant lands on display privately or donate them to museums. It was seen as an attempt to showcase worldly visions of the British Empire and the elements that it touched. At one point it was quite significant across the globe. Treasure hunting and the appropriation of cultural items was seen as a social status, a way of displaying one's wealth and important position in society. We cannot forget this. It was a cultural component. Displaying things on a regular basis was seen as a family's social status and position in society. The way people arranged their homes was to showcase that element. That was often done at the expense of other people and done unilaterally without support.

Just because a family passes on an item, or a piece of art or whatever to a museum, a not-for-profit organization or a charitable organization does not take away from the responsibility we have in trying to make amends with those individuals and families that were injuriously affected by that. The possession-based element cannot be excused because an item, at the end of the day, ends up in a university setting, or a museum or a not-for-profit organization. Even if it is used in the private sector to attract tourism or some other economic activity does not excuse the fact that a restitution process is required. That is important not only for the credibility of the organization, but how we go about making amends and the long-term effect. This is one of the reasons I like this bill as a starting point.

Going back to the 1800s, there were attempts to establish some rules or controls on the appropriation of a number of different items, including even funerary objects, that were quite intimate to families, but this egregious situation still took place.

I look forward to the bill moving to the next stage.

[Bill Casey, Liberal, Cumberland—Colchester, NS]

Mr. Speaker, I was just sitting here listening to all the members of Parliament and thinking about what a wonderful place this is. We are talking about repatriation of indigenous artifacts, and I have heard members from all parties speak in support of that.

Members may not have noticed, but from time to time this place can be a bit partisan. However, tonight we are talking about the repatriation of indigenous artifacts, and I am grateful to every single member who has spoken in favour of it and helped us with it. A lot of members and a lot of senators have been involved in the drafting of the bill, amending it and making it as good as it is. I know that it is not perfect, but it is a very good step in my view and I thank everybody for that.

I want to thank Heather Stevens, a young Mi'kmaq woman at Millbrook First Nation near Truro, Nova Scotia. She inspired this by telling me about a Mi'kmaq artifact from Millbrook that was taken to Australia years ago, and they have tried to get it back. I talked to my assistant about what we could do. I am not sure whether it was his idea or mine, but we agreed that we would draft this bill, and that is all it was.

I want to thank Joel Henderson. If I were allowed to point out that he is in the gallery I would, but I am not allowed to point that out. He was my executive assistant and developed much of the bill. He made endless contacts, endless consultations with museums and the people involved every step of the way. We were dealing with indigenous peoples from all walks, MPs, senators, chiefs, community leaders and historians. It was a learning experience. It was an amazing journey to go through this and listen to our indigenous people talk about their artifacts and how important they are to them.

This was an amazing journey that started with a particular issue, which, as I mentioned, was a Mi'kmaq robe that ended up in a Melbourne museum. When I tabled the bill, I spoke for two minutes and 37 seconds. Three weeks later, the ambassador from Australia, Her Excellency Natasha Smith, came to my office and said that she had been in touch with that museum and was going to try to help us get it back. I asked why she was doing this. She said that they have indigenous artifacts that they want back in Australia that are very important to them.

I started to get an idea of how important this indigenous artifact issue is. It is not just a small thing. It is a big thing. Then someone pointed out that the bill, Bill C-391, was written up in China and in the Netherlands, and has been talked about in a lot of different countries. It was a journey of learning for me about how important artifacts are to indigenous peoples. It is important for reconciliation, as some members mentioned. It is important for history. It is important for their culture. It is important for the indigenous youth to be able to see how their ancestors lived, the things they were able to make, the talents they had and the wonderful abilities they brought forward. I want to thank all the members who were involved, and everybody who was involved.

Today is my birthday, so I want to thank everyone for coming to my little party. I am very grateful for this. I am grateful for the opportunity to be here and to be part of something like this. It is something that I will remember forever and I thank you all for it. Hopefully the bill will go forward and will make a difference for indigenous people everywhere, not just in Canada but in other countries. Other countries have contacted us and asked if they could use this as a template for legislation in their legislatures.

Thank you very much everybody. I do appreciate it.

[The Assistant Deputy Speaker, Anthony Rota]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[The Assistant Deputy Speaker, Anthony Rota]

(Motion agreed to, bill read the third time and passed)