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The Protection of the Canadian Cultural Heritage: The Cultural Property Export and Import Act
Published online by Cambridge University Press: 09 March 2016
Extract
As long as man remains creative and continues to express himself in artistic works, there is need to protect the products of his creation. The current crusade in favour of safeguarding the cultural heritage results from publicity given to the destruction of archaeological sites and antiquities, the smuggling of national art treasures, and the outcry against museums that have in their collections items that have been illegally exported. The crisis is clear. Unless the “cultural property-hungry” nations realize that controls against such illicit activities must be enforced stringently, the safety of mankind's cultural heritage is in doubt.
- Type
- Notes and Comments
- Information
- Canadian Yearbook of International Law/Annuaire canadien de droit international , Volume 14 , 1977 , pp. 292 - 306
- Copyright
- Copyright © The Canadian Council on International Law / Conseil Canadien de Droit International, representing the Board of Editors, Canadian Yearbook of International Law / Comité de Rédaction, Annuaire Canadien de Droit International 1977
References
1 Zelle, A., “Acquisitions: Saving Whose Heritage,” (1971) 49 Museum News 19.Google Scholar
2 (1971) 10 Int’l Leg. Mat. 289.
3 Marchisotto, A., “The Protection of Art in Transnational Law,” (1974) 7 Vand. J. of Transnat. L. 689, 706.Google Scholar
4 S.C. 1975, c. 50. As Bill C-33 it was introduced by the Hon. James Hugh Faulkner, Secretary of State in ist Sess., 30th Parl., 23–24 Eliz. II, 1974–75. This Act will enable Canada to ratify the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
5 The Financial Post, March 22, 1975, at C–1.
6 H. C. Deb. (Can.), Feb. 7, 1975, at 3024–40.
7 Ibid., 3025.
8 Ibid.
9 Ibid.
10 Ibid., 3024.
11 Ibid., 3025.
12 Ibid. Mr. Faulkner stated: “Thus, the legislation before the House proposes that the export of cultural property be based on two factors, age and value; that an independent review board be charged with the responsibility of judging appeals from individuals who, having applied for permission to export an object, have been refused by the Customs authorities on the advice of expert examiners; that in dealing with cases referred to it, the board, like the expert examiners, be guided by criteria which, although by necessity subjective, have been inspired by successful experience in the application of like rules in the United Kingdom.”
13 Ibid., 3026.
14 There is a somewhat humorous, but inaccurate, comment in the Financial Post, supra note 5, which says: “The government has no right to invade the bedrooms of the nation. That was what Pierre Elliott Trudeau said when he was Minister of Justice. Now that he is Prime Minister, however, a bill soon to be promulgated will give the government the right to invade the living rooms of the nation so that furniture, paintings, sculpture, silver, or jewelry more than 50 years old, made in Canada and worth more than $500 may not be disposed of by its owner as he may wish.”
15 Section 5(1) of this Act states that the Minister (the Secretary of State of Canada) may designate any resident of Canada or any institution in Canada as an expert examiner for the purposes of the Act.
16 Supra note 6, at 3026.
17 And see the Income Tax Act, R.S.C. 1952, c. 148, as am. esp. by S.C. 1970–71–72, c. 63, ss. 48, 110(1) (bl).
18 Supra note 17, s. 110(I)(b).
19 Supra note 6, at 3029.
20 UNESCO Doc. SHC/MD/3, at 3.
21 See reply of France to circular letter CL/2041 of August 12, 1969 and to UNESCO Doc. SHC/MD/3 containing the preliminary report and the preliminary draft of the Convention, in UNESCO Doc. SHC/MD/5, at 5.
22 The Financial Post, June 14, 1975, at 14.
23 Supra note 6, at 3036.
24 Ibid., 3030 (per Mr. R. Gordon L. Fairweather (Fundy-Royal)).
25 Ibid.