Control of Indigenous Archaeological Heritage in Ontario, Canada

Abstract

Few Indigenous peoples have control over their heritage, despite international recognition of this right in the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007. In Ontario, Canada, the Ontario Heritage Act, R.S.O. 1990 regulates archaeology and grants licences to archaeologists to investigate archaeological heritage. Indigenous people want more control of their archaeological heritage in Ontario. To uphold Indigenous rights to archaeological heritage in Ontario, heritage legislation and policy needs to be revised and site protection increased. This paper recommends that Indigenous archaeological heritage in Ontario would be best protected by strengthening Ontario government land development policy and legislation to require the free, prior, and informed consent from affected Indigenous communities before removal of significant archaeological sites and remains from their ancestral territories.