Cultural theft and appropriation are rampant in Canada, and there is very little protection or recourse available.[1] Indigenous artists like Stormy Bradley from Yukon First Nations say that the line between cultural appreciation and appropriation is getting crossed, and “it’s been getting worse.”[2] For example, artists have reported having their designs stolen and then mass-produced on websites like Temu for a fraction of the price, undercutting the value of the artist's work.[3] Similarly, non-Indigenous artists sell beadwork at markets after taking beadwork classes from Indigenous artists.[4]
More than having a damaging economic impact on Indigenous artists, the appropriation of Indigenous artwork has significant cultural damage.[5] As Indigenous artist Coral Madge explained: “Indigenous artwork is not just a reflection of an artist’s vision but also generations of relationships to the gifts the earth has given us… [w]ithout being from the culture you cannot connect to these hidden things.”[6] Madge stresses that:
It is crucial to know that many Indigenous designs are an imprint of all the teachings and cultural experiences the artist has been through… With every stitch and brush stroke, Indigenous artists infuse their work with spirit and use this cultural artistry as an act of peaceful protest for all that is against us as Indigenous people… The designs and techniques used in Indigenous art and craft are living, and carry the weight of our ancestors.[7]
Indigenous artists are calling for legal protection from cultural appropriation.[8] Indigenous artists in Canada are looking at American legislation and calling for similar protection. Under the Indian Arts and Crafts Act (1990), non-Indigenous people and manufacturers can be fined up to $250,000 or jailed for up to 5 years for selling items falsely claimed to be Indigenous-made.[9]
We agree that there should be similar legislation in Canada. However, this American Act is concerned mainly with truth in advertising rather than cultural appropriation. Therefore, we think Canadian lawmakers should go even further. Comprehensive cultural appropriation legislation could not only better protect Indigenous artists but hold “pretendians” (i.e., individuals who falsely claim to have Indigenous ancestry) accountable as well.”[10]
In the meantime, we kindly remind readers to make conscious consumer decisions while shopping for gifts this Holiday season! Check out organizations like the Indigenous Arts Collective of Canada, a volunteer organization led by Indigenous women that showcases authentic Indigenous art and artists.[11] Attend an Indigenous Holiday market taking place in your town.[12] Take a workshop hosted by Indigenous artists to create gifts for your loved ones, or buy artwork directly from Indigenous artists.
This Holiday season, practice cultural appreciation, not appropriation! “By purchasing artwork from Indigenous artists,” Madge explained, “you are celebrating who they are, their story, and the revival and continuation of their culture.”[13]
ekosi.
The ReconciliACTION Team
Citations
[1] Coral Madge, “Appreciation or Appropriation?” (23 June 2023) Ram Blog, online [blog]: <https://royalalbertamuseum.ca/blog/appreciation-or-appropriation>. See also Samantha Schwientek, “$11 earrings on Temu shock Algonquin beader who says they’re her design” (4 July 2024) CBC News, online: <https://www.cbc.ca/news/indigenous/temu-indigenous-artist-designs-copyright-1.7252701> [Madge].
[2] Caltrin Pilkington, “Yukon First Nations artists want legal protection from cultural appropriation” (18 November 2014) CBC News, online: <https://www.cbc.ca/news/canada/north/yukon-first-nations-artists-legal-protection-cultural-appropriation-1.7385316> [Pilkington].
[3] Schwientek, supra note 1.
[4] Pilkington, supra note 2.
[5] CBC Radio, “Art, appropriation and the damaging economic effect on Indigenous artists,” CBC Radio, online: <https://www.cbc.ca/radio/unreserved/appreciating-culture-treaty-payments-problematic-colouring-books-and-getting-back-to-the-land-1.3675693/art-appropriation-and-the-damaging-economic-effect-on-indigenous-artists-1.3677636>.
[6] Madge, supra note 1.
[7] Ibid.
[8] Pilkington, supra note 2.
[9] U.S. Department of the Interior, “The Indian Arts and Crafts Act of 1990” (accessed 19 November 2024), online: <https://www.doi.gov/iacb/act>.
[10] Pilkington, supra note 2.
[11] “Indigenous Arts Collective of Canada” (accessed 19 November 2024) IACC, online: <https://indigenousartscollective.org/iacc-indigenous-identification-strategy/>.
[12] For example, there is an All Indigenous Cultural Showcase & Marketplace taking place between December 6-8 at the Alberta Aviation Museum if you are in the Edmonton area (see “A Very Indigenous Holiday Market 2024”(accessed 19 November 2024) Eventbrite, online: <https://www.eventbrite.ca/e/a-very-indigenous-holiday-market-2024-tickets-1011092383537>).
[13] Madge, supra note 1.
[Image] Indigenous Artist Market Collective, “Unique Handcrafted Items from a Growing Collective of Local Indigenous Artists” (last visited 26 November 2024) online: <https://iamcollective.ca/>.