Law Times

Law Times • June 25, 2012 Canada urged to beef up legal protections for stolen art NEWS W BY KENDYL SEBESTA Law Times few people had ever heard of pros- ecuting someone for war-related art or cultural property theſt. In fact, Spiegler said he oſten hen Howard Spiegler began to practise law in the United States, very to represent significant legal is- sues that everyone, including Canada, will have to grapple with over the next several years." In the meantime, Kaye says re- turning artwork looted through war holds the key to unique as- pects of a country' had to convince museums and art galleries that the owners of stolen artwork or other cultural prop- erty had the right to reclaim their goods if they had purchased them, knowingly or unknowingly, fol- lowing significant events like the Second World War. "That was the greatest displace- ment of art in human history," said Spiegler, a partner at Herrick Fein- stein LLP in New York. "Nazis confiscated significant amounts of artwork and either destroyed it or sold it to fund their war. When the war finally ended, millions of people came to recover their stolen art, but the government largely turned a cold shoulder. From my perspective, it is important to help repair what was a larger attempt to eradicate an entire culture. Their artwork is symbolic of larger crimes that need to be solved. Spiegler, who co-chairs his firm's international art law group, " said it has taken some victims nearly 60 years to recover artwork stolen from them during the Sec- ond World War. He noted that as more people in countries outside the United States begin to understand that they can reclaim their artwork and other cultural properties, significant legal questions are arising that Ontario lawyers should be aware of. "If someone can prove they an issue that poses interesting legal questions for Canadian lawyers. "I think one of the moral issues legal s culture and is that Canada's Canada could do a better job of protect- ing artwork from theft, says Justice Gloria Epstein. Photo: Kendyl Sebesta it comes to reporting stolen works, said Monica Dugot, international director of restitution and senior vice president at fine-art auction house Christie' erty issues are really becoming key for countries around the world, sium. "And I think the circulation of unrestituted art will continue " Dugot told the sympo- "Cross-border cultural prop- s in New York. others around the world will have to wrestle with is whether or not galleries and museums could also be prosecuted for featuring stolen artwork, whether they purchased it knowingly or not," says Kaye. "To my knowledge, none have system and been yet, but it does show people are still looking for solutions to this issue. up for at least one Canadian uni- versity recently. Concordia University, along In fact, that issue has cropped " with McGill University and the Hebrew University of Jerusa- lem, started a project following the death of Canadian art gallery owner Max Stern to reclaim sev- eral works stolen from him during the Second World War. While some of the artwork has been reclaimed from mu- seums and galleries across the globe, most haven't. The uni- versity is currently engaged as an executor of Stern' a lengthy legal battle to see his artwork returned. "This is going to go on for some time," Concordia director of spe- s estate in Galerie Stern in Dusseldorf, Germany, since 1937 and later moved to the Galerie Heine- mann in Wiesbaden before eventually landing in a casino following the War. The Holocaust claims pro- cessing office of the New York State Department of Financial Services eventually helped Con- cordia and its university part- ners reclaim the painting as part of Stern' Second World cial projects and cultural affairs Clarence Epstein told the sym- posium. "There aren't the same checks and balances in Canada compared to the United States." In fact, the U.S. government, low executors have received nine paintings as part of Stern' since 2006. However, they're still seeking 30 others. Ontario Court of Appeal on behalf of the estate, has seized at least one painting connected to Stern. The "Masters of the Gold- In total, Concordia and its fel- s estate s estate last year. smith Guild in Amsterdam in 1701" was restituted with the help of the Max Stern Art Resti- tution Project in October 2011. The painting had been with the Justice Gloria Epstein, who also spoke at the event, said Canada could do better when it comes to protecting artwork. "Ensuring people have the to retrieve their ability property is a value that is natural- ly inherent in our justice system and it' stolen fighting to protect." s something we should be LT PAGE 3 transferred ownership of their artwork to escape from Germany during the war, for example, could they prove the transfer was a product of duress and successfully reclaim their work?" asked Spie- gler. "On the same hand, does one have to exhaust all local remedies before they can bring their claims under international laws? These are trends to watch out for. ner at Herrick Feinstein who spoke along with Spiegler at a symposium on criminality in the art and cultural property world on June 15 at Osgoode Hall in Toronto, says theſts of such works are also a significant issue for Canada where the illegal trade of antiquities continues to thrive. "The sad fact is the trade of an- Lawrence Kaye, another part- " tiquities still continues to thrive today and a considerable amount of them are trafficked through Canada," says Kaye. "But Canada doesn't have the type of guidelines that would be necessary to considerably pros- ecute such theſts." In Canada, there are no special investigators dedicated to art theſt in many police units. That leaves auction houses and dealers to op- erate on a policy of honesty when www.lawtimesnews.com

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