Abstract

In 1990, the United States passed the Native American Graves Protection and Repatriation Act (NAGPRA), requiring the repatriation of ancestral remains, funerary, and sacred objects from museums to source communities. Since then, hundreds of thousands of repatriations have occurred, allowing for respectful treatment of ancestors and reconnections to spiritual, communal practice, and ceremony. In Canada, repatriation has been recommended by the Assembly of First Nations, the Canadian Museum Association, and the United Nations Declaration on the Rights of Indigenous Peoples, but there is no federal law. Does Canada have a functioning alternative? This examination provides a comparison of how repatriation differs in the two countries, demonstrating that case-by-case negotiations in Canada currently allow for more flexibility and customization to the needs of different Indigenous communities but that the transparency, coordination, and funding associated with NAGPRA would be a significant benefit to claimants in Canada.

Full Text
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