"The Smith Township Burial" consisted of the skull of an adolescent female. It was

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1 The Peterborough Precedent Ken Doherty, Manager, Peterborough Centennial Museum & Archives P.O. Box 143, Peterborough, Ont. K9J 6Y5 ABSTRACT At 9:30 in the morning on Thursday, May 30, 1991, a small solemn group gathered in the Curve Lake First Nation cemetery to witness the reburial of the skeletal remains of two individuals from the collection of the Peterborough Centennial Museum & Archives. The brief but poignant traditional and Christian ceremonies marked the formal transfer of "The Brock Street Burial" and "The Smith Township Burial" from the Museum to the Curve Lake First Nation. "The Brock Street Burial" included the skeletal remains of an adult male and 30 associated grave goods. It was discovered by Mr D. Yaxley, on December 6, 1960, during the installation of a parking meter in a new parking lot on the north side of Brock Street between Aylmer Street and George Street in Peterborough. "The Smith Township Burial" consisted of the skull of an adolescent female. It was 1

2 discovered on Lot 29, Concession 9, in the Township of Smith by Dr. R. B. Orr of the Provincial Museum and Dr. C. W. James from the University of Toronto, at the direction of the landowner T. Z. Webster, on August 8, Initiated by the museum, this repatriation process has been viewed as " precedent setting" by supporters and detractors alike. INTRODUCTION "The Peterborough Precedent" was not chosen as the title for this repatriation process. In fact, the title was coined by a segment of the Archaeological community as a disparaging response to the initiative. But, regardless of that response, the repatriation of native skeletal remains and associated grave goods from the museum's collection to the custody of the Curve Lake First Nation has been an incredibly rewarding and positive experience for all involved. It is no accident that this paper has started on an emotional plane because this is an emotional issue. Too often, museum professionals have been desensitized in their dealings with native skeletal remains. While they may no longer regard them 2

3 as curiosities, they still tend to view them simply as accessions, specimens, and interpretive material. By doing so, they have lost sight of the values and emotions that they readily equate with their own dead-- like dignity, compassion, and perhaps most importantly, respect. It should be no surprise that respect was the underlying motive behind the museum's decision to repatriate-- respect for Native culture, respect for native burial practice, and respect for the individuals themselves. BACKGROUND The Brock Street Burial When this process started, the museum had the remains and associated grave goods of two individuals in its collection. The Brock Street Burial was discovered by Mr D. Yaxley, a city employee, on December 6, 1960, during the installation of a parking meter in a new parking lot on the north side of Brock Street between Aylmer Street and George Street in Peterborough. After consultation with local police, the Royal Ontario Museum was advised. Walter Kenyon and Nancy Cameron arrived shortly thereafter to complete the excavation. They found the complete skeletal remains of an adult male in his late forties. Based on the associated grave goods, they concluded that he was from what is known as the Point Peninsular Culture known to have lived in the Trent River System over 2,000 years ago. 1 3

4 There were thirty grave goods including finely chipped flint points, crude cache blades, antler flaking tools and harpoon points, bone discs, gorgets, a single celt, two solitary beaver incisors and one hafted beaver incisor. Once they completed their investigation, they turned the collection over to the Peterborough Centennial Museum & Archives. Shortly thereafter, staff developed an exhibit to replicate the burial. The remains stayed on view until approximately 1983 when the Curator of the day advised that it was no longer appropriate. Not only were the human remains deteriorating, but the exhibit was no longer an effective interpretive devise. Older children and adults focused solely on the gruesome connotations of the bones themselves and younger children were so frightened by the exhibit that it was covered for primary school tour groups. The Smith Township Burial The story behind the Smith Township burial is even more disturbing. The remains of four individuals were discovered on Lot 29, Concession 9, in the Township of Smith by Dr. R. B. Orr of the Provincial Museum and Dr. C. W. James from the University of Toronto, at the direction of the landowner T. Z. Webster, on August 8, After examination, the remains were turned over to the Victoria Museum in Peterborough were they remained on exhibition for a number of years. What remained of the collection after years of neglect was further dispersed when the museum closed in the early fifties. A single solitary skull was donated to the current Museum in 1962 by the daughter of the man who originally discovered the 4

5 site. According to local legend, the original remains were that of four "braves... presumed to have accompanied Champlain on his trip from Orillia where he spent the winter", 2 but recent examination has concluded that the skull was that of an adolescent female. REPATRIATION Even though the Brock Street Burial exhibit had been removed from public viewing in 1983, it was not until 1988 that museum staff decided that the two burials and specifically the human remains should be removed from the Museum's collection. After consultation with Trudy Deining, a Trent Anthropology student working at the Museum and Arthur Horn, a colleague, Museum staff requested and received authorization from the Board of Museum Management to initiate the repatriation process. The decision to deaccession the items from the collection was easy, but the actual repatriation was much more challenging because few precedents could be found. On the advise of the two facilitators museum staff decided to contact the Curve Lake First Nation, which was the nearest band in the area. It would be nice to say at this point that "the rest is history", but that would be misleading. Over the next 33 months, museum staff met 8 times with representatives from Curve Lake and the repatriation issue was discussed at length on a least three occasions by Band Council and by the Board of Museum Management until a process that all felt comfortable with was finally developed. 5

6 Memorandum of Understanding In the end, both parties agreed that the skeletal remains of the two native individuals and associated grave goods would be : (a) deaccessioned from the Museum's collection; (b) transferred to the custody of the Curve Lake First Nation; and (c) reburied at the cemetery in the Curve Lake First Nation territory. Furthermore, it was agreed that the transfer and reburial would be a respectful and low-profile ceremony. (Neither party wanted to create a media circus.) In addition the museum agreed to the following: (a) Mayor Sylvia Sutherland of the City of Peterborough and Chief Mel Jacobs would sign an official transfer agreement at a signing ceremony open to the press at a pre-scheduled time. All agreed that there would be no open viewing of the skeletal remains. (b) the project facilitator and museum staff would transfer the remains to separate birch bark burial containers; (c) transportation to Curve Lake would be arranged by the museum; (d) the museum would document the process and provide a copy to the Curve Lake First Nation. The Curve Lake Chief and Council agreed to: (a) accept the transfer of the skeletal remains and findings at a predetermined date and time; (b) designate a specified area for interment within the Curve Lake First 6

7 Nation cemetery; (c) arrange for two on site services to be conducted at the time of interment, including a modern religious ceremony and a traditional native burial; (d) arrange for the excavation of a common grave; and (e) provide a simple concrete slab to be placed as a grave marker. Furthermore, it was agreed that the Museum could: (a) hire a professional photographer to document the process; (b) take a small sample of remains for carbon dating; and (c) take casts of the artifacts for future display. These conditions were formally accepted by the Curve Lake First Nation on October 15, 1990 and by the Board of Museum Management on January 23rd, Subsequently, on May 3rd, 1991, Chief Jacobs and Mayor Sutherland signed a formal Memorandum of Understanding to conclude the repatriation process. In accordance with the agreement, a press conference was held to announce the repatriation process. Preparation In accordance with the agreement and with the assistance of another local archaeologist, all of the grave goods were duplicated. The Museum prepared a small brass plaque for interment with remains. The information inscribed included date and location of the discoveries, Museum accession numbers, bibliographic entries, and the date of re-interment. 7

8 In sympathy with traditional burial practices, the facilitator constructed two birch bark containers. Each was constructed in two sections approximately 9.5 " in diameter x 20" long so that the remains could be placed inside and the two sections closed and sealed with pine and spruce pitch. A hawk feather was placed at the end of container where the feet rested to indicate the direction the skull would be facing to ensure the proper orientation of the remains during the burial. An owl feather was placed at the end of the container with the female remains.. The grave goods were placed in a raw hide pouch and placed in the container with the remainder of the Brock St. Burial. The brass plaque was placed with the Smith Township remains. Although the agreement did include a provision for museum staff to take a sample of the remains for radio carbon dating, they decided that it was not necessary. While the museum was fulfilling its responsibilities for the repatriation, Curve Lake was finalizing its preparations as well. Aaron Benson, a Chippewa from the Rama First Nation, near Orillia, Ontario was asked to lead the traditional ceremony. He consulted with teachers in western Canada and Michigan and attended an Elders Conference in Ottawa to learn all that he could because there was not know precedent for a reburial. Gladys Taylor, an elder from Curve Lake agreed to lead the contemporary Christian ceremony. In preparation for the reburial, an area was set aside in the Curve lake cemetery and the compass directions were determined so that the heads could be placed to the west and the feet to the east. 8

9 Feast of the Living On May 29th, the eve of the reburial, an informal Feast of the Living was held at the Curve Lake Community Centre. Chief Jacobs described it thus: So the Feast began, all formed a circle with four pipe carriers on their blankets leading. There was the smell of sweet grass and sage. The smoke cleansed the people and the food they offered. The pipe carriers spoke to grandfather, spoke of Mother Earth, hoping that the spirits understood it may not be exactly right but they would do the best they could. They spoke of the break in the travel of the spirits and that tomorrow they would again be on their way. The drum and singers sang an honour song. The four pipes were passed around the circle to young, to old, to white, to Indian, to men, to women in kinship and the being of one purpose. After the meals, a plate of food was prepared for the spirits to take on their journey the next day. A social of singing ended the evening. 3 The Burial Ceremony On May 30, 1991, the morning of the burial, a sweet grass ceremony was held at the museum to purify museum staff, the route to be taken, the burial containers, and the vehicle. At precisely 9:15 Museum staff loaded the remains into a private vehicle for the trip along a pre-determined route to the cemetery. A sweet grass ceremony was started a Curve Lake at that time. 9

10 Both the Coroner's Office and the local police had been advised of the contents of the burial containers and the ceremony before hand in the unlikely event of an accident. To calm the spirits, sweet grass was burned in the vehicle throughout the trip. Upon arrival at the cemetery, the two containers were removed from the vehicle and placed in the arms of two women picked from the crowd. A procession formed and, led by pipe carriers and drums, moved to the grave side. At the grave-side, an honour song was sung as the burial containers were lifted and placed into their final resting place. The pipe carriers spoke and each dropped tobacco into the grave. All who chose to were invited to drop tobacco into the grave as well. All shared fresh strawberries-- which as the first fruit, are a symbol of birth; they were also shared with the grave. The traditional ceremony included a reading by a woman of the Medewewin, a song by a Medewewin pipe, a Christian offering, a Christian Hymn in Ojibway, and concluded with a Christian prayer. Even this description does not do the ceremony full justice. It was a muggy, overcast morning. The grass was wet, the ground muddy. The birds were singing. At one quiet point in the service, the sun suddenly broke through the clouds and the atmosphere was charged. It was a deeply moving experience. A short time after the ceremony, a simple white granite marker with white crosses was placed on the site. It's simple inscription captured the intent of the repatriation process: Borrowed from the past Brock Street Site, December 6,

11 Smith Township Site, August 8, 1911 Returned to Mother Earth Curve Lake Site, May 30, 1991 CONCLUSION The Response What was learned from this process? First and foremost, the response to the repatriation was pleasantly surprising. Some opposition to the museum's decision and to the resulting precedent was anticipated. But, with the exception of certain elements within the Archaeological community who equated the process with "book-burning", the response was far from negative. Not only did the repatriation receive positive national media attention, it also received strong community support. When this process started, there were no known precedents in Canada for this kind of under-taking. It has been learned subsequently, of course, that there have been many repatriations, especially of skeletal remains. But, not only have many been shrouded in secrecy, some were literally conducted in the dead of night. It is heartening to know that there is now a positive precedent for the repatriation of Native Skeletal remains. And it is gratifying to learn that the process developed cooperatively by the Peterborough Centennial Museum & Archives and the Curve Lake First Nation is consistent with the recommendations outlined in the recent report from the Assembly of First Nations and the Canadian Museums Association. A Changing View of Stewardship 11

12 Through this process, museum staff now a have a different view of the nature of their responsibilities for their collection. Stewardship does not necessarily mean ownership. The museum did not own those remains. They were in its care. Through this transaction, the museum transferred its responsibility for that care to the Curve Lake First Nation. Re-establishment of Native Culture Museum staff now have a much better understanding and appreciation for native culture as well. It is particularly gratifying that the repatriation has been used by members of the Curve Lake First Nation to assist in the re-emergence and hopefully re-establishment of native cultural traditions. Since the re-burial ceremony, members of the Medewiwin Society have been asked to participate in two additional funeral services. They readily acknowledge the museum as a catalyst for the renewed interest in their activities. Subsequent to the initial repatriation, at the request of the donor, the Peterborough Centennial Museum & Archives has also repatriated several other items to the Curve Lake First Nation including a pipe and a lodge stick. No doubt they will continue this process. A Changing Archaeological Community? Despite previous references, there is hope for the Archaeological Community. The Museum Manager was recently asked to defend the museum's actions at a graduate level class on Ethics in Archaeology at Trent University. The attitudes of the professors in attendance probably reflect the broader community. Of the four, 12

13 one openly supported repatriation of cultural material and especially native remains; one was still hedging her bets by sitting on the fence; one was adamantly opposed and argued that this trend --if it continued--would be the deathblow to pre-historic archaeology in Canada; and one had gone through radical conversion. He too had been adamantly opposed, but after attended the recent conference in Ottawa where the Task Force officially unveiled their recommendations, he left with a new respect for aboriginal concerns. The Last Word... Bill Ramp, the Chair of Board of Museum Management for the Peterborough Centennial Museum & Archives best described what the museum received in return for its initiative: I think I can safely say that all who were involved in the process leading up to these ceremonies received very great gifts. We, at the Museum, were profoundly touched by the generosity with which the people of Curve Lake responded to our overtures. For a very small and long-overdue gesture of respect, we received a hand of friendship and gained a renewed appreciation for the vibrant and enduring culture and aspirations of the First Nations... To give a little is to receive a great deal. Perhaps if, as a society, 13

14 we were to worry a little less about the possible consequences of such giving, we might find that respect and generosity have a way of perpetuating themselves." 4 REFERENCES AND NOTES 1. Kenyon, Walter and Nancy S. Cameron, "The Brock Street Burial", in Occasional Paper 3, The Royal Ontario Museum (Toronto: The University of Toronto Press, 1961), pp Peterborough Centennial Museum & Archives, Accession N Jacobs, Chief Mel, "Speech Notes to the Museums & First Peoples, Hamilton Conference Centre, Hamilton, Ontario, June 22, 1991", pp Ramp, William, "Giving and Receiving" in The Penny Farthing, Peterborough Centennial Museum & Archives, June, July, & August, 1991, pp

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