Chapter 3. Repatriation Of Cultural Material To First Nations In Canada: Legal And Ethical Justifications

This chapter introduces key normative and legal justifications for law reform, drawing in part from the former writings and case studies conducted in collaboration with First Nation partners in Canada. It begins with a discussion of the broader research program of which this research forms a part followed by an overview of the legal environment for repatriation in Canada. The chapter describes the issues in law reform, and explains how repatriation legislation might assist negotiations and fundamental principles in law reform affecting Aboriginal peoples in Canada. It specifically focuses on the material culture of ongoing significant historical, traditional, or cultural importance that is considered by First Nations to be central to their cultural identity, owned or controlled by the Crown, in the possession of government funded museums holding public collections, and what Western conceptualizations of cultural heritage understand as cultural objects or artifacts.Keywords: Aboriginal cultural property; Aboriginal repatriation; Canada; repatriation legislation