RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE

FALSIFYING SPIRITUAL TRUTHS: A CASE STUDY IN FAKES AND FORGERIES

Kristyn Rolanty, MA Art History

Once it has been revealed that painting changes economically, a work of art is faked or forged, our aesthetically, and spiritually. whole set of attitudes and resulting Forgery can be defined in responses change. Forgery implies contrast to notions of originality and the absence of value; but what kind authenticity. In Crimes of the of value are we speaking of? For this Artworld, Thomas D. Bazley defines essay I intend to examine the forgery as the replication of an problematic nature of forgeries, existing artwork or copying of an focusing specifically on the faked and artistic style in an attempt to be forged works of Ojibway artist Norval passed off as an original to acquire Morrisseau. Analyzing a high profile financial gain.1 It is not illegal to copy allegation of forgery, I will explore or imitate an artist’s work, but it themes of authenticity, authorship, becomes so when it is produced with and intent, while attempting to the intent to deceive.2 It is worthy to answer the question: how do note the distinction between a fake allegations of forgery change our and a forgery. A forgery is an exact understanding of a work of art and replica of an existing work, while a why does this matter? I will examine fake is a work in the style of another how our understanding of the artist.3 Both are illegal when represented as authentic.

1 Thomas D. Bazley, Crimes of the Art World (Santa Barbara, California: Praeger, 2010), 65.

2 Ibid., 68.

3 Bonnie Czegledi, Crimes Against Art: International Art and Cultural Heritage Law (: Thomas Reuters Canada Limited, 2010), 160.

VOLUME THREE 1 RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE Philosopher Jerrold Levinson has before the artist’s death. In his final designated fakes into a category of years, Morrisseau attempted to “inventive” forgery, in which the faked authenticate his works and deny work of art is original in the sense forgeries by signing affidavits and that it is not a copy of an existing forming the work, but becomes an imitation when Heritage Society to compile a it is attributed to a genuine artist.4 catalogue raisonnée. However, some Most of the inauthentic Morrisseau of Morrisseau’s claims have been works circulating in the art market are questioned due to his declining fakes, including the particular case health conditions, as he was suffering study I will be examining. from advanced Parkinson’s disease Jean-Baptiste Norman Henry and was not functioning at full Morrisseau (1932-2007) was a highly capacity. The provenance and acclaimed Ojibway artist. He was one authenticity of his works are also of the first Aboriginal to routinely subject to allegations of illustrate the legends of his people fraud as a result of his erratic and reach international success personal history. Morrisseau doing so. A prolific artist, Morrisseau struggled with drug and alcohol produced an estimated 15 000 addictions and during the 1980s he paintings in his lifetime.5 His works was living on the streets of are characterized by the fusion of Vancouver, exchanging his works for Anishnaabe and modern alcohol, resulting in a lack of formal aesthetic forms and colours. He was records.6 famously hailed the “Picasso of the In 2005, , of the North” by Marc Chagall and is band The , considered the founder of the purchased Spirit Energy of Mother Anishnaabe painting movement, Earth (1974) (Figure 1) from The inspiring generations of Indigenous Maslak McLeod Gallery in Toronto. artists after him. However, as his Upon suspicion of forgery, Hearn filed fame rose so did the controversies. a lawsuit against the gallery claiming Allegations of faked and that they knowingly sold him a fake, forged Morrisseaus have been and the case has since become a circulating since 2005, two years high profile case of art fraud in

4 Jerrold Levinson, “Autographic and Allographic Art Revisited,” Philosophical Studies 38 (1980), 370.

5 James Adams, “Art dealer’s lawyer denies client sold musician fake Morrisseau painting,” The Globe and Mail, February 8, 2013.

6 Greg A. Hill, Norval Morrisseau: Shaman Artist (Ottawa: National Gallery of Canada, 2006), 11.

VOLUME THREE 2 RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE Canada. Hearn’s suspicions arose in purchased from the gallery were the 2010 when he acted as a special product of a fraud ring operating out guest curator for the Art Gallery of of Thunder Bay.9 McDermott also and displayed Spirit Energy named the forger as Benjamin of Mother Earth as part of his Morrisseau, Norval’s nephew, exhibition. After numerous individuals although Thunder Bay police suggested that the painting may be a investigations have yielded no results fake, including the head curator of and these allegations have never the gallery, the AGO removed the been proven.10 Brian Shiller, the piece after only one week of lawyer representing Joseph Bertram display.7The lawsuit was filed in June McLeod, asserts that all of the of 2012 and court ruling is currently paintings in question are authentic pending on the case. Hearn is suing works made by Norval Morrisseau.11 the gallery for the purchase price of In an attempt to prove the the painting works’ authenticity, the Maslak ($20 000), the loss of investment McLeod Gallery is collaborating with return on the painting ($25 000), and members of Norval Morrisseau’s punitive damages ($50 000) as well family.12 Collaborations with the as pre and post judgment interest on Morrisseau family are problematic these sums.8 however, due to their turbulent The Maslak McLeod Gallery is relationship with the artist. also being sued by Canadian tenor Morrisseau had lost touch with his John McDermott, who filed his children and in 2007 signed a public lawsuit in 2003. McDermott stated in statement dissociating himself from his claim that the three works he the Norval Morrisseau Family

7 Ontario Superior Court of Justice, Statement of Claim between Kevin Hearn and Joseph Bertram McLeod and Maslak-MacLeod Gallery Inc., Court file no. CV-12-455650 (June 8, 2012), 6.

8 Ibid., 3.

9 Murray Whyte, “Morrisseau painting not a fake, Toronto dealer says,” The Toronto Star, February 4, 2014.

10 Ibid.

11 Tristin Hopper, “Barenaked Ladies’ keyboardist suing in what may be the biggest art forgery case in Canadian history,” The National Post, February 3, 2014.

12 Ibid.

VOLUME THREE 3 RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE Foundation, an organization led by proven to be a fake. one of his sons, Christian Morrisseau.13 Morrisseau instead In addition to a decline in entrusted the authentication of his economic value, a forged work also works to the Norval Morrisseau changes aesthetically. Physically, Heritage Society, a group of nothing about the work itself academics who have been charged changes, yet our aesthetic reaction to with creating a catalogue raisonée.14 it does once it has been revealed as So far, the Heritage Society has inauthentic. Pure formalists such as identified roughly 1200 works by Clive Bell view the artistic merit of a Morrisseau.15 As mentioned, this work based on its intrinsic properties authentication process is increasingly alone. Its Significant Form, the difficult due to the lack of provenance combination of line and colour, for hundreds, if not thousands, of produces an aesthetic reaction.16 Morrisseau’s works. This doctrine of aesthetic empiricism So then, how does our has largely been dismissed, as critics understanding of Spirit Energy of contend that works of art should not Mother Earth change after calling into be considered in isolation, as question its authenticity and what are external factors are of equal the ramifications of this shift in importance in understanding it. So attitude? Firstly, if this painting is although Spirit Energy of Mother deemed a fake, it could be Earth remains the same physically, devastating to the gallery, as it would our aesthetic reactions to it are place the authenticity of their entire nonetheless altered or impeded. This catalogue in doubt. The painting in is because the consideration of question, Spirit Energy of Mother aesthetics is only one element Earth, would also decline among others for hermeneutic substantially in value; the Ontario enquiry. Our appreciation of a work of Supreme Court has indicated that the art depends on facts extrinsic to the painting would decline in value by work such as context, history, and $19,700, should the painting be authorship.

13 Ibid.

14 Adams, “Art dealer’s lawyer denies client sold musician fake Morrisseau painting.”

15 Ibid.

16 Clive Bell, “The Aesthetic Hypothesis,” in Aesthetics, ed. Susan Feagin and Patrick Maynard (Oxford: Oxford University Press, 1997), 16.

VOLUME THREE 4 RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE The artist, or author, of the different “author functions” that still painting is of equal importance to the exist in the ways texts are work of art itself in attributing value. approached.18 Taking the writings of As viewers, we ascribe significance Barthes and Foucault into account, to the artist as master-creator and how can we view authorship in terms genius. Forgery actually promotes of fakers and forgers? this idea of artist as genius because It has been argued that forgers rely heavily on the author- forgery, once it is recognized as structure, which constitutes the core such, has no author, no author- of their business. Dealers, function and no authorship.19 Fakes auctioneers and collectors also and forgeries are authorless in that further the cult of the artist by they conceal their identities. Theirry convincing buyers of the value of a Lenain holds that because forgeries unique original production by a are authorless, they cannot be famous name in order to ensure a considered art because it is good return on their art impossible to conceive of art without investments.17 the author-function.20 The forgers can Roland Barthes argued be considered performers of against incorporating the intentions authorship, but are not authors and biographical context of an author themselves.21 in the interpretation of a text, much What Lenain fails to consider like a purist formalist view that all however, is that many artifacts have external information is irrelevant for unknown authors, yet are still aesthetic appreciation. Michel considered works of art. He also fails Foucault complicates this argument to consider the concept of collective of the “death of the author” by or communal authorship, an idea questioning what constitutes held by many Aboriginal authorship and introducing the communities. In traditional Aboriginal

17 Ian Haywood, “Crusaders against the Art Market: Hans vans Meegeren and Tom Keating,” in Faking It: The Art and Politics of Forgery (Sussex: The Harvesters Press Limited, 1987), 105.

18 Michel Foucault, “What is an author?” (1969) in The Art of Art History: A Critical Anthology, ed. Donald Preziosi (Oxford: Oxford University Press, 1998), 300.

19 Jonathan Hay, “The Value of Forgery,” RES: Anthropology and Aesthetics no. 53/54, (Spring – Autumn 2008), 6.

20 Thierry Lenain, Art Forgery: The History of a Modern Obsession (London: Reakiton Books Ltd., 2011), 317.

21 Hay, “The Value of Forgery”, 6.

VOLUME THREE 5 RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE cultures, signing artworks is not culture was manifested through art. commonplace and the objects are Morrisseau’s appropriation of such held by the entire community, not a imagery invokes the sacrality of these single individual.22 This demonstrates forms, inviting his works to be read that aesthetic values are relative to on a spiritual level. their respective cultures. Collective Defining the terms sacred and and communal authorship may not spiritual can be problematic in that ascribe a name or signature to a the act of defining can be restrictive work, but it is authorship or distorting. Defining the sacred also nonetheless, and the object in risks collapsing the language about question should be considered a the sacred with the experience of it. work of art. However, for the purpose of Let us assume then, that a clarification, I will offer a definition of forged work of art, while authorless, the sacred given by Ruth Phillips. is a work of art nonetheless. Without She argues that from an Indigenous considering the author-function, why perspective, a sacred object imbues does our aesthetic response still the spiritual presence or personhood change? One suggestion is that of ancestral resonance.23 This fakes lack artistic intent. Just as presence dictates certain behaviours forgers may perform authorship, they with regard to interactions with that also inherently perform the intent of object. Defining spirituality can be the artist. In the case of Norval equally problematic, particularly when Morrisseau, the artistic intent is highly seeking a definition of Aboriginal spiritual and sacred. spirituality, since meanings differ Morrisseau is considered a cross-culturally. These difficulties are shaman artist in the Western art compounded by the fact that most world, as he drew inspiration from the Aboriginal beliefs are conveyed traditional knowledge and beliefs of orally, resulting in a lack of written the Ojibway peoples. Morrisseau literature of a definitional nature. For appropriated sacred traditional this reason I will use art historian Anishnaabe forms from petroglyphs James Elkin’s definition of spirituality and Midewiwin birch bark scrolls. The as outlined in his book On the act of image making was considered Strange Place of Religion in sacred to the shaman society of the Contemporary Art. Elkins defines Midewiwin, and their religion and spirituality as any system of belief

22 Ruth Phillips, Museum Pieces: Towards the Indigenization of Canadian Museums (Montreal: McGill-Queen’s University Press, 2011), 77.

23 Phillips, Museum Pieces, 93.

VOLUME THREE 6 RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE that is subjective, that is largely image as “an essentially sanctified incommunicable, often wordless, and domain of higher spiritual values.”27 sometimes even unrecognized.24 Spiritual values are inherently Spirituality can be part of a religion, present in Morrisseau’s works. His but not its whole.25 I will be using the paintings are an exploration of his term spiritual to describe the work of visions, dreams, and beliefs; as an Morrisseau as opposed to religious, artist, he is valued for his artistic because Morrisseau adhered to interpretation of personal spiritual several different faiths during his experiences. In his book Travels to lifetime and his works often reflect the House of Invention, Morrisseau themes that transcend organized wrote, “My art reflects my own religion. spiritual personality. I make peace Many people believe that art with the external world, and I and religion are inextricably linked, recognize the higher powers of the that art is simply a mode or spirit.”28 Claiming to have received expression of religion. Elkins, for one, visions from spirit guides throughout states that art is inescapably religious his life, he suggested that these because it “expresses the hope of guides encouraged his art making.29 transcendence or the possibilities of Morrisseau called himself a shaman, the human spirit.”26 Furthermore, a figure that transcends the earthly aesthetic experiences are frequently realm and mediates between planes. compared to religious ones. Morrisseau’s “spiritual personality” Enshrined in temple-like museums, was drawn from many sources. He art is available to those seeking grew up in an Ojibway community enlightenment. The experience near Beardmore, Ontario where his becomes similar to visiting a church. grandfather taught him the legends Philosopher Richard Shusterman of his people and exposed him to asserts that despite the commercial Midewiwin scroll teachings. His aspect of art, it retains its cultural Grandmother was a devout Catholic

24 James Elkins, On the Strange Place of Religion in Contemporary Art (New York: Routledge, 2004), 1.

25 Ibid.

26 Elkins, On the Strange Place of Religion in Contemporary Art, ix.

27 Richard Shusterman, “Art and Religion,” Journal of Aesthetic Education 42 no.3, (Fall 2008), 2.

28 Morrisseau, Travels to the House of Invention, 76.

29 Norval Morrisseau, Norval Morrisseau: Travels to the House of Invention (Toronto: Key Porter Books Limited, 1997), 16.

VOLUME THREE 7 RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE and she exposed him to Christian in the sacred nature of the earth. The beliefs and imagery. Morrisseau later forgers may have used this title to converted to a modern religion known echo Morrisseau’s sentiment: “My as Eckankar, which aided in the people believe the earth to be their development of his spiritual mother and that we are children of understandings of soul travel, the earth. We are all one in spirit.”31 dreams, and past lives. The artist’s Spirit Energy of Mother Earth also awareness of his own spirituality imitates Morrisseau’s characteristic imparts his work with a deeper use of colour. Morrisseau believed significance and power. Describing that he could cure the world with his work, Morrisseau stated, “My colour therapy, and that each colour paintings are also icons; that is to represented a different kind of say, they are images which help sickness.32 He felt his art was an focus on spiritual powers generated attempt to bring viewers back to their by traditional belief and wisdom.”30 psychic state and to be healed Morrisseau was working through his through colour.33 own beliefs through his art, recording Spirit Energy of Mother Earth his visions on canvas. also employs traditional Ojibway Fakes threaten the validity of imagery appropriated from Morrisseau’s spiritual experiences by petroglyphs and birch bark merely imitating the sacred, rather pictographs. It uses power lines, than producing it. The forgers of which emanate from and connect the Spirit Energy of Mother Earth figures, expressing the spiritual employed a number of device to relationships between them. 34 The imitate the spiritual foundation upon visual transparency technique known which Morrisseau created his works. as “x-ray” painting is also used here, Its title reflects the Anishnaabe belief illustrating the inner workings of the

30 Donald C. Robinson, “Tales of Copper Thunderbird,” in Morrisseau, Norval. Norval Morrisseau: Travels to the House of Invention (Toronto: Key Porter Books Limited, 1997), 98.

31 Morrisseau, Travels to the House of Invention, 112.

32 Ibid., 19.

33 Ibid., 17.

34 Elizabeth McLuhan and Tom Hill, Norval Morrisseau and the Emergence of the Image Makers (Toronto: The , 1984), 53.

VOLUME THREE 8 RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE figures and expressing their unauthorized usage of these sacred relationship to the outer world. 35 It symbols, as he was never initiated as also makes use of the divided circle, a Midewiwin shaman. However, a motif representing the sacred Morrisseau’s appropriation of these megis shell, which is used in visual forms was eventually accepted Midewiwin ceremonies.36 by the Aboriginal community because The Midewiwin used art as a of his success in sharing his visual system of communication and Anishnaabe heritage with the world form of record keeping for preserving and fostering a deeper understanding their traditions.37 The scrolls were of the complexities of their culture. also integral to initiation ceremonies The Morrisseau reproductions, and the imagery mapped out the however, threaten the sacrality of the spiritual journey of the initiate.38 symbols and undermine Morrisseau’s Through this enactment of ritual respectful intentions to share his through ceremonial art, Mide beliefs traditional heritage. Morrisseau had were renewed and knowledge was an understanding of the images he passed on.39 The scrolls are also was producing and knew of their considered sacred objects because sacred nature. In Travels to the of the spiritual power they imbue. The House of Invention, he wrote Mide scrolls draw their power from the shared belief in the image.40 The Since the coming of the white essence of the spirit itself dwells man, we have fallen very low, within its pictorial representation and forgetting our ancient legends their power is transferred to the and ancestral beliefs. The time shamans through their artistic has come for us all to write rendering.41 and to record the story of our Many Aboriginal community people, not only for ourselves members objected to Morrisseau’s but also for our white brothers

35 Ibid.

36 Ibid.

37 Ibid.

38 Ibid., 50.

39 Ibid., 53.

40 Ibid, 13.

41 Ibid.

VOLUME THREE 9 RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE so that they will be able to which can be accelerated through understand and respect us.42 contact with the ECK.45 The ECK, or life current, is manifested through While he broke cultural taboos by Light and Sound.46 Eckankar was showing these images to a larger established as a modern religion in audience, he did so with respectful 1965. Morrisseau was introduced to intentions. The intent of the fakers the Eckankar faith in 1976 and many and forgers are purely economic. of his works reflect his belief in the Although Morrisseau’s paintings universal concept of the soul that is certainly did generate profit, he able to travel to astral planes. claims making money was secondary Morrisseau claimed that it was not to his mission to share his culture until he came into Eckankar that he with the world.43 The Morrisseau was able to understand his forgers are certainly producing these shamanistic visions.47 images for economic gain, and by The visual similarities between doing so not only threaten the value Unity of Inorganics and Spirit Energy of the original works but also the of Mother Earth are striking in terms sacrality of the images. of colour, form, and subject matter, Spirit Energy of Mother Earth and would lead one to believe that is visually similar to another painting Spirit Energy of Mother Earth also in the Maslak McLeod collection reflects Eckankar soul travel. entitled Unity of Inorganics (c.1970s) However, this painting was allegedly (Figure 2). The Maslak McLeod produced in 1974 and Morrisseau did Gallery catalogue describes Unity of not convert to this faith until 1976. Inorganics as a visual expression of The discrepancies between these Eckankar beliefs. Eckankar is an dates leads me to believe that Spirit Eastern philosophy that believes the Energy of Mother Earth is indeed a soul is eternal and can travel from the fake. If these allegations are proven body,44 and it teaches that the soul is true, this could signal one of the on a journey towards self-realization,

42 Morrisseau, Travels to the House of Invention, 100.

43 Phillips, “Morrisseau’s Entrance,” 76.

44 Hill, Norval Morrisseau: Shaman Artist, 24.

45 ECKANKAR, “Basic Beliefs,” 2014, http://www.eckankar.org/belief.html.

46 Ibid.

47 Morrisseau, Travels to the House of Invention, 16.

VOLUME THREE 10 RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE largest cases of art fraud in Canadian Indigenous communities do, our history.48 reception of a Morrisseau painting is This discussion of Spirit still changed because of the Energy of Mother Earth attributed to falsification of its spiritual content. Norval Morrisseau brings to light the Although the fake Morrisseau may be conceptions we bring when engaging original in execution, its concept and with a work of art and how they are spiritual content is fraudulent and challenged when its authorship is thus threatens the authority of the questioned. A fake or forgery declines artist’s intent. Morrisseau’s work has in economic value as a result of our an intangible, inspirational appeal changed aesthetic attitudes, which that lies in its inherent spiritual have been altered by the qualities. Regardless of aesthetics misattribution of authorship. Even and authorship, it is this spiritual when disregarding the author- artistic intent that characterizes function, as some traditional Morrisseau’s works, separating them from fakes.

48 Hopper, “Barenaked Ladies’ keyboardist suing.”

VOLUME THREE 11 RENDER | THE CARLETON GRADUATE JOURNAL OF ART AND CULTURE ————————————————-

Figures

Figure 1 Spirit Energy of Mother Earth, 1974 (front and back view). Source: http:// norvalmorrisseau.blogspot.ca/2014/03/barenaked-ladies-keyboardist-sues.html

Figure 2 Norval Morriseau, Unity of Inorganics, c.1970s

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