Curator & Collector

Tom Thomson Pine Island image taken from the McMichael Collection

I just finished a most fascinating account of the controversy over the McMichael Collection (“Case Notes: One Premier’s Obsession? The McMichael Legislation in Ontario,” by Kenneth R. Cavalier in International Journal of Cultural Property 11:1 (2002) pp. 65–79). The McMichael Collection began as a gift to the Province of Ontario from Robert and Signe McMichael in 1965. The McMichael Collection was primarily a collection of Group of Seven artists’ works. Over time, the curators of the collection acquired a good many contemporary art pieces, and strayed outside the collecting mores of the McMichaels. As time went on, the issue of whether the Collection should be considered as public art gallery or art museum became a contentious issue that split the arts community of Ontario, in addition to making it to the Ontario Court of Appeals and eventually the provincial legislature. The McMichaels fought in court, unsuccessfully, to force the curators of the collection they had donated to adhere to their wishes; when they lost, they prevailed upon the Mike Harris government to bring in legislation that put both of them permanently on the five-person Board. Furthermore, the legislation stipulated that the collection’s scope should primarily focus on “the cultural heritage of Canada,” being “comprised of art works and objects and related documentary material created by or about (a) Tom Thomson, Emily Carr, David Milne, A. Y. Jackson, Lawren Harris, A. J. Casson, Frederick Varley, Arthur Lismer, J. H. MacDonald and Franklin Carmichael”* in addition to others the art advisory committee (which was to include both McMichaels) might choose to collect. In an unusual twist, the Minister of Citizenship, Culture, and Recreation was given the temporary authority to accept or reject all by-laws made by the Board.

The point of the article applies to all institutions that allow donations. What are the policies of the institution in regards to acquisitions, loans, and deaccessions? What are the rights of the donors? I personally believe that institutions need to adhere to their contracts with their donors, and for me that means not only the letter of the contract, but the spirit of the donation. Institutions aren’t forced to accept donations, so they need to exercise good judgment about which objects to accept, and the conditions the donors would wish to attach. Similarly, donors need sound legal advice when making a donation.

I am indeed glad that the McMichaels, now both deceased, won their battle, and the next time I am in Toronto, I will make the trip out to Kleinburg to see this large and important collection of historic Canadian art.

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*Section 8 of the McMichael Canadian Art Collection Amendment Act of 2000.