Museums are challenging the judgment Manson

Les musées contestent le jugement Manson

Photo: Guillaume Levasseur Duty
The director of the MMFA, Nathalie Bondil

Eight museums and a university library would be heard on appeal from the decision of the federal Court, reducing the criterion of national interest to only the canadian works. It had been made this summer by the judge Manson, in favour of the galerie Heffel. Heffel challenged the ban, which was made by the canadian Commission review of the export of cultural goods, export, canvas, Iris blue, garden of petit Gennevilliers, Gustave Caillebotte, on the pretext that it was a work of national interest.

However, this decision has an impact on the donations to the museums, and so on the collections available to the public, ” explains the director of the MMFA, Nathalie Bondil. This is why museums need to be heard on appeal. “Collateral damage,” Ms. Bondil. It is the gift of a work regarded as being of “national interest” to a museum results in a tax deduction that is more important for the donors, who are now tempted to make their donations outside of Canada. And it is on the basis of the gift that the bulk of museum collections, canadian built, the museums don’t have big budgets to buy paintings. Moreover, donations made to the MUSEUM are in free-fall since this court’s decision, ” said Ms. Bondil. “We were forced to cancel a committee of the acquisition to the “international,” she says.

According to it, the collectors who wish to make donations are currently within the uncertainty of the context in which these donations could take place. The decision of the judge Manson could also be adversely affected donations of rare books. This is why the Thomas Fisher Rare Book Library, University of Toronto, will also be heard at the appeal court. The other participants are the Museum of contemporary art (MAC), the Vancouver Art Gallery, the Royal Ontario Museum, the Winnipeg Art Gallery, the Remai Modern in Saskatoon, the Art Gallery of Ontario and Beaverbrook Art Gallery in New Brunswick. Each of these institutions has filed an affidavit to be heard on appeal. “We want to hear the voices of the museums, because they have not been heard the first time,” says Ms. Bondil. “As professionals, we want to ensure that the impact of the damage on our collections and our public, to be brought to the knowledge of the judge. “According to Ms. Bondil, the vast majority of works from the MMFA have been acquired by gift rather than by purchase. The disaffection of this acquisition channel, therefore, could be catastrophic for the growth of the collections. The decision of the judge Manson also has the impact that international films are not necessarily retained in the country before being exported. Previously, the museums could take advantage of this period to make an offer on a table before he leaves the country.

The cause of museums and the university has been supported by the legal firm Sarrazin Plourde. Nathalie Bondil hope that, if the request for appeal is accepted, the parties may be heard in the month of January 2019.



A previous version of this article, which reported that the museums themselves were an appeal from a judgment Manson, has been corrected. Rather, it is the attorney general of Canada appealed the decision.

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