Category Archives: Canada

Implementing UNDRIP into Canadian Law

Posted on: August 7, 2023 by Olivia Shaw

A Question of Restitution Is a new wind of cultural migration blowing? Around the world, cultural artefacts are being returned from museum collections to their homelands. In particular, a growing socio-political awareness of historic wrongs has focused critical attention on the relationship anthropology and museology share with Indigenous peoples worldwide. As policies and practices on […]

Fifty years on: the meaning of the 1970 UNESCO Convention

Posted on: June 18, 2020 by Alexander Herman

Amidst the sad turmoil (for some) and the uncertainty (for all) brought on by the pandemic and the resultant lockdown, it is perhaps more forgivable than usual to miss an important anniversary. I am referring here to the fact that 2020 marks 50 years since the adoption of the Convention on the Means of Prohibiting […]

By description? Canadian judgment complicates art contracts

Posted on: December 2, 2019 by Charlotte Dunn

Legal cases involving questions of authenticity, attribution and provenance are generally not easily determined. However, in a recent Canadian case, the Court of Appeal for Ontario applied contract law to tackle (or avoid) the issue. The case involved a painting, entitled Spirit Energy of Mother Earth, purportedly by the renowned First Nations artist, Norval Morrisseau. […]

Caillebotte storm is quelled, twice over

Posted on: April 17, 2019 by Alexander Herman

Last June, a Federal Court decision in Canada caused quite a stir. It related to the export control system that applies in Canada for cultural property and the definition of the term ‘national importance’. As we reported in September, the case involved the attempted export from Canada of an oil painting by French Impressionist Gustave […]

Talk by Alexander Herman on museums, ethics and deaccession

Posted on: March 13, 2019 by Kiri Cragin Folwell

Last week, our Assistant Director Alexander Herman gave a talk at Ryerson University in Toronto, Canada, on the topic of museums, law, ethics, deaccession and restitution. The talk was entitled “Values & Art: Ethics in the Management of Culture” and was part of Ryerson’s Business Ethics speaker series at the Ted Rogers School of Management. […]

Court decision on Caillebotte export rocks the boat

Posted on: September 4, 2018 by Alexander Herman

A once-in-a-generation case has caused major ripples in the Canadian museum world. And we’re not talking about the attempted sale of a Chagall by the National Gallery of Canada this spring. No, this was an actual court case, before the Federal Court of Canada, to determine whether the Canadian Cultural Property Export Review Board (the […]

NGC reneges on plan to sell Chagall

Posted on: April 27, 2018 by Alexander Herman

The National Gallery of Canada, as reported earlier, had plans to sell one of its two major works by Marc Chagall, La Tour Eiffel, at auction at Christies in New York on 15 May, with an estimate of $6 million to $ 9 million. This led to much uproar in the Canadian press and amongst the […]

National Gallery of Canada selling Chagall to buy… David

Posted on: April 18, 2018 by Alexander Herman

As reported earlier this month, the National Gallery of Canada has plans to sell a painting from its collection by artist Marc Chagall at Christie’s in New York on 15 May. The funds will be used to acquire a work by Jacques-Louis David, which was confirmed this week by the Gallery. The Chagall piece on […]

Stranger than fiction…Authenticity and Intrigue

Posted on: September 4, 2016 by Emily Gould

Two fascinating stories from the art world have captured our imagination over the past couple of weeks. Whilst seemingly unrelated, both have the thorny issue of authorship and authenticity at their heart and, coincidentally, share a Scottish connection. The first is the news that Scottish artist, Peter Doig, has won his court battle against a […]

Artists and user-generated content

Posted on: May 16, 2016 by Alexander Herman

My aunt, Gabrielle de Montmollin, a photographer and artist in Canada, is currently exhibiting her work in Toronto. I thought the show would be a good opportunity to discuss some of the copyright issues raised by her artistic approach. In particular, it serves as a way to explore a relatively new exception existing under Canadian […]