Cultural appropriation has become a significant issue at the intersection of law, ethics, and reconciliation. Its roots lie in colonial history and in the longstanding relationships of domination that have affected Indigenous peoples in Canada. As a result, it raises important questions concerning the recognition, protection, and respect of Indigenous intangible cultural heritage. In a context where cultures circulate rapidly and are sometimes transformed into consumer products, it becomes essential to distinguish between respectful cultural exchange and forms of exploitation.

The purpose of this text is to present, in clear and accessible terms, the concept of cultural appropriation, its legal foundations, its ethical implications, and certain possible avenues for reform. It also explores the concept of Indigenous cultural sovereignty, which is grounded in the continuity of Indigenous nations’ territorial, historical, and customary ties.

Canadian law recognizes certain rights of Indigenous peoples, notably through section 35 of the Constitution Act, 1982, and section 91(24) of the Constitution Act, 1867. However, these protections are not always sufficient, particularly in situations involving non-status individuals and nations that lack formal administrative recognition. It is therefore important to distinguish administrative recognition from recognition rooted in cultural and customary continuity. For many Indigenous peoples, legitimacy derives not only from official registries, but also from the ongoing transmission of relationships with the land, the community, and the ancestors.