Wednesday, June 24, 2020

>>> Genuine 'Randy Potter Morrisseau painting' appraised by Mr. Galal Helmy for $100,000, also authenticated by Forensic science

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Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc.
/Court File No. CV-12-455650/

"SPIRIT ENERGY OF MOTHER EARTH HAS NOT BEEN PROVED TO BE A FORGED OR FAKE MORRISEAU. FROM THE LAW'S POINT OF VIEW, IT IS THEREFORE A REAL NORVAL MORRISSEAU PAINTING."


~ Justice Edward M. Morgan, May 24, 2018
/Previously published material/


SADLY, NONE OF THE INFORMATION IN THIS POST WAS INCLUDED IN 114 MINUTE DOCUMENTARY FILM "THERE ARE NO FAKES" WHICH WAS SCREENED AT THE 2019 HOT DOCS CANADIAN INTERNATIONAL DOCUMENTARY FESTIVAL IN TORONTO ON APRIL 29TH & MAY 1ST 2019. THIS FILM HAS BEEN DIRECTED BY MR. JAMIE KASTNER WHO IS TORONTO BASED FILMMAKER AND WRITER. 























"The Great Creator", 23"x96", © 1976 Norval Morrisseau,
* Exhibited at Mr. David Barnes' home, Brampton, Ontario CANADA
PROVENANCE: Randy Potter Estate Auctions, Port Hope, ONTARIO; Mr. Allan Lawson of Orangeville, Ontario (now Mono, Ontario)
AUTHENTICATION/APPRAISAL: Mr. Galal Helmy, Jasper ALBERTA
/Click on image to Enlarge/

~ Click HERE, HERE & HERE to see detailed images of the front of artwork - a title and artist's signatures in Cree syllabics and English signed by the artist with a dry brush (DB) technique

> The signature painted with a dry brush (DB) technique on the FRONT of the above presented acrylic painting on canvas has been positively identified to have been authored by Canadian Anishinaabe/Woodland artist Norval Morrisseau.

These discoveries were conducted and documented by Full Time Forensic Document Examiner Mr. Kenneth J. Davies of 'Hawkeye Studios (Grapho-Lab® Services)' (Calgary, Alberta). 

This report, dated March 19th, 2018 will be presented on these pages soon.


INTRODUCTION:


All of Norval Morrisseau paintings acquired from the late Mr. Randy Potter's auction (Randy Potter Estate Auctions) that were analyzed for artist's signatures were forensically authenticated by three top internationally recognized Forensic Document Examiners and Handwriting Experts from Ottawa, Toronto and Calgary (click HERE).

NOTE: Mr. Donald Robinson of Kinsman Robinson Galleries successfully purchased 28 lots of paintings in the amount of $53,238.73 including GST during the time frame between late 1999 and early 2000 from Randy Potter Estate Auction (click HERE for the receipts from Mr. Potter's auction, then Kahn Auctions, showing the Norval Morrisseau paintings sold to Mr. Donald Robinson). Mr. Robinson labeled these paintings as fakes but he has never asked for money back from Mr. Randy Potter.

Text (screenshot): Courtesy of theMorrisseauHoaxExposedBlog.com 
        /Click HERE/









> Click HERE to view the very first painting purchased by Mr. Donald Robinson from the late Randy Potter's Kahn Auctions, sold through Kinsman Robinson Galleries (KRG) and authenticated by Forensic Science... or click HERE for paintings appraised by KRG that were purchased from Kahn Auctions. <



Mr. Galal Helmy (ret.)

The above Genuine Norval Morrisseau was authenticated/appraised by Mr. Galal Helmy, former owner of the Maligne Canyon Restaurant & Gift Shop in Jasper, Alberta and EA Studios. The gift shop has  a spectacular collection of original Native Indian and Inuit art. Well-known artists include Norval Morrisseau, Eddy Cobiness, Jackson Beardy and the Hunt family of the Kwakiutl Nation.


Norval Morrisseau @ Manulife Place Exhibition;
Galal Helmy, Exhibition Sponsor (December 1985)

Norval Morrisseau lived in Jasper from 1985 until early 1987. Mr. Galal Helmy says Morrisseau returned there in June 1987, and stayed until December 1987 when he returned back to Vancouver.

Mr. Helmy purchased hundreds of paintings directly from Norval Morrisseau which he produced while stayed at his premises. Mr. Helmy says that he took a photo of the artist with a painting for every artwork he had ever acquired from Norval Morrisseau.


"Self Portrait"; © 1986 Norval Morrisseau
Mr. Helmy's donation to Canadian Museum of History
(Former Canadian Museum of Civilization)

The Government of Canada has often asked for pieces of Galal Helmy's collection to be included in their Canadian Museum of History. Mr. Galal Helmy donated one of the Norval Morrisseau's artworks to the same institution "Self Portrait, 1986", which was exhibited at "NORVAL MORRISSEAU - SHAMAN ARTIST" held at the National Gallery of Canada in Ottawa, Ontario from February 3rd to April 30th, 2006. This was the first solo exhibition featuring a First Nations artist in 126-year history of the National Gallery of Canada.


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"The Great Creator", 23"x96", © 1976 Norval Morrisseau;
Acrylic painting on stretched Canvas


Mr. Galal Helmy's Authentication/Appraisal of Norval
Morrisseau's "The Great Creator"; Dated October 14, 2007

"Genuine 'Randy Potter Morrisseau painting' appraised for $100,000"

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>>> In a court judgement Hatfield vs. Artworld of Sherway /Court File No. SC-09-087264-0000/ Judge Paul J. Martial stated the following:

"The Court finds that there is overwhelming evidence that Norval Morrisseau signed paintings in black brush paint.”


(Judgment by Judge Paul J Martial: March 25th, 2013 - Page 34)

NOTE: Genuine Norval Morrisseau painting involved in this court case was also acquired from Randy Potter Estate Auctions and appraised by Mr. Joseph McLeod (1928-2017).

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ADDITIONAL INFORMATION:

"Untitled" [Merman], 17"x38", © 1987 Norval Morrisseau
~ acrylic on stretched deer hide; ACQUIRED DIRECTLY FROM THE ARTIST 
/Click on image to enlarge and/or click HERE for detail of the Cree syllabics signature on front and click HERE to view this painting's reverse side/

"Nepii-Naba, the merman, who brought good luck to those who offered him tobacco and, in return, helped Indians to travel safely on lakes and rivers." ~ Norval Morrisseau *
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Mr. Galal Helmy with Mr. David Barnes, September 2006

This painting was acquired by Mr. David Barnes from Mr. Galal Helmy is a deer hide signed ‘Copper Thunderbird’ in Cree syllabics on the front and was stretched over a wood frame (click HERE & HERE).

Dr. Trudy Nicks, who was Senior Curator in the World Cultures Department at The Royal Ontario Museum (ROM) received this artwork from Mr. Barnes on November 19th, 2008 as she intended to purchase it on behaf of this prominent instutution. ROM placed it in their cryogenic freezer while they actively searched for donations to buy it. They kept it for a year but it was returned to Mr. Barnes on November 25th, 2009 by Ms. Tracy Forster, technician in the World Cultures Department at ROM as their institution was not able to raise the necessary funds. So Mr. Barnes kept it in the museum packaging and put it in storage (click HERE).


Dr. Trudy Nicks - Senior Curator
at Royal Ontario Museum (ROM)
/Retired/

This painting which has not really needed a formal authentication as it originates from the prominent collection of Mr. Galal Helmy who acquired this artwork directly from the artist, was nevertheless re-authenticated by reliable outside sources. The request for re-authentication on behalf of the ROM was made by Dr. Trudy Nicks* of the Royal Ontario Museum and was successfully completed.

Note: Dr. Trudy Nicks was present in Red Lake, Ontario (Summer 2008) when Norval Morrisseau Heritage Society (NMHS) labeled genuine Norval Morrisseau artworks forgeries. (click HERE)

* Member of the defunct Norval Morrisseau Heritage Society (NMHS)



* Genuine ink drawing on paper in this post: "Self Portrait"; © 1986 Norval Morrisseau; Mr. Helmy's donation to Canadian Museum of Civilization. This artwork was originally published in a book: "NORVAL MORRISSEAU: SHAMAN ARTIST", © 2006 Greg A. Hill - National Gallery of Canada; ISBN 1-55365-176-6

Wednesday, March 25, 2020

Seventh Anniversary of the Judgement in the Pivotal Court Case Relevant to Authenticity of Norval Morrisseau Artworks...

















>>> In a court judgement Hatfield vs. Artworld of Sherway /Court File No. SC-09-087264-0000/ Judge Paul J. Martial stated the following:

"The Court finds that there is overwhelming evidence that Norval Morrisseau signed paintings in black brush paint.” (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 34)

This important finding by Judge Paul J Martial was completely ignored by member of the Norval Morrisseau Heritage Society, Dr. Carmen Robertson in Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc. /Court File No. CV-12-455650/

This court finding was also purposely avoided by Jamie Kastner*, director of the 114 minute film “THERE ARE NO FAKES” which was screened at the 2019 Hot Docs Canadian International Documentary Festival in Toronto on April 29th & May 1st 2019.

* - who is Kevin Hearn's 'high school buddy,' as noted by Shari Narine, Windspeaker.com Contributor

NOTE: Genuine Norval Morrisseau painting involved in this court case was also acquired from Randy Potter Estate Auctions and appraised by the late Mr. Joseph McLeod (1928-2017).

~ The Kevin Hearn's legal counsel, Mr. Jonathan Sommer, represented the Plaintiff in a court case Hatfield, Margaret Lorraine vs. Child, Donna and Artworld of Sherway. This court case concluded with devastating consequences for the Plaintiff Ms. Margaret Hatfield of Sarnia, Ontario costing her $56,894.65 of her retirement money (see below for this landmark court decision* confirming the authenticity of thousands of Norval  Morrisseau paintings). 

* - the Plaintiff's only witnesses in this court case were Mr. Donald Robinson of Kinsman Robinson Galleries and Mr. Ritchie SinclairBoth, Mr. Robinson and Mr. Sinclair were discredited by the Paul J. Martial's judgement (see below). The same witnesses where mysteriously removed from list of witnesses in Hearn Vs. McLeod court case!? 



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"On June 3, 1993, a day following Vadas’ and Morrisseau’s drive-by in which they saw the supposedly fraudulent Morrisseau work in the Gallery window, Morrisseau wrote a letter to Joseph McLeod. That letter has been produced and is in the evidentiary record. The letter was typed by another gallery owner, Don Robinson – a frequent ally of Norval Morrisseau’s and competitor of Joseph McLeod’s – and complains about the reproduction of Morrisseau works in McLeod’s promotional material. The letter never mentions forged Morrisseau paintings or fraudulent art of any kind; rather, it complains of the unauthorized reproduction of real Morrisseau paintings in McLeod’s brochure."

~ Justice Edward M. Morgan, May 24, 2018 (Paragraph 79); Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc. /Court File No. CV-12-455650/

"This history of findings that Sinclair is unreliable undoubtedly provides an answer to why he was not called by Hearn’s counsel to testify about his intervention with the AGO here. At the same time, it fosters considerable skepticism as to whether the AGO’s decision to remove the painting from its exhibit was the right one. If history provides any clue, there is reason to believe that Sinclair was no more correct about Spirit Energy of Mother Earth than he was about Wheel of Life, the Morrisseau painting at issue in Hatfield. The AGO may well have acted in excessive haste and at the behest of someone who has made himself into a figure that is better for the art world to avoid than to rely on."

~ Justice Edward M. Morgan, May 24, 2018 (Paragraph 38); Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc. /Court File No. CV-12-455650/





























"Wheel of Life", © 1979 Norval Morrisseau
 /Canvas front & VERSO/


A landmark court decision confirms the authenticity of thousands of Norval  Morrisseau paintings! 

ArtworksHatfield vs. Artworld of Sherway
/Court File No. SC-09-087264-0000/

~ The following is the analysis and decision of Deputy Judge Paul J. Martial's judgement dated SEVEN YEARS AGO TODAY on March 25th, 2013 and officially issued by the Ontario Superior Court of Justice on April 2nd, 2013 (Pages 35 - 39)
 

ANALYSIS – copy of Judge Martial’s Judgment
(Note: For clarity and brevity, we have removed Judge Martial’s lengthy supporting quotes from the trial transcripts, which he added between the paragraphs)

"The Court has considered in excess of some 750 pages of testimony over five days of hearing and reviewed the exhibits and considered the detailed written submissions of counsel.

"The Court finds that there is overwhelming evidence that Norval Morrisseau signed paintings in black brush paint.


"The eye witness testimony of his brother Wilfred Morrisseau who lived with him for substantial periods of time in the North and elsewhere and who saw him sign in black brush paint is convincing and credible.

"The testimony of Marlow Goring supports his testimony in regards to the practise of the artist signing paintings in black brush.

"Wilfred Morrisseau's testimony that his brother painted while in jail and his explanation of his brother's decadent lifestyle and his carefree attitude to life provides a cogent explanation for the lack of receipts to document the provenance.

"The Court adopts Wilfred Morrisseau's testimony that his brother painted a significant number of paintings en masse and it is therefore reasonable to conclude that his production was in the thousands.


"The testimony of Mr. Joseph McLeod is indicative of his care and the detailed efforts to confirm provenance, including the hiring of a forensic expert to examine the signature on the back of the painting indicate that he took his role to provide appraisals seriously.

"His testimony of the origin of the Cree syllabic signature, the name Copper Thunderbird and his interpretation of the painting "Wheel of Life" demonstrates his depth of knowledge of the painter due to his lengthy association with the artist.

"His explanation of the brown more muted colour of the painting compared to the brighter later paintings is credible when considered in the context of pictographs near Lac Seul and in Nipigon where Morrisseau lived and likely the inspiration of the earlier paintings. Such pictographs were also known to exist in the Petroglyphs near Peterborough where Morrisseau formerly resided.

"The Defendants acted reasonably in obtaining one of two appraisals from Mr. Joseph McLeod to authenticate the painting due to his knowledge of and prior dealings with the artist due to the controversy about provenance.


"The Court received the statutory declarations of Norval Morrisseau and letters filed by the Plaintiff in support of the allegation of forgery. This evidence was relevant and although hearsay was admitted since it was relevant to the central issue - Was the painting a forgery?

"In assessing the reliability of that evidence however, the Court notes that since this evidence was not subject to cross-examination it had to be carefully weighed in light of the testimony of all of the witnesses.


"The Plaintiff's own witness Donald Robinson provided viva voce testimony of Norval Morrisseau's inconsistency and difficulty in identifying his own work, and of his unpredictability.

"He agreed that Morrisseau could have memory problems from 2003 to 2006, and of his decline in health due to his illness.

Robinson's admission that he was not surprised that Morrisseau would sign a certificate of authenticity to please also cast doubt on the reliability of the statutory declarations signed by Morrisseau.

"His testimony coupled with the testimony of other witnesses of Morrisseau's Parkinson's disease raises a significant doubt of the reliability of the statutory declarations.

"Although a letter from a lawyer who was present at the signing of the statutory declaration and a doctor's letter were filed at trial, no expert testimony of capacity was proffered by the Plaintiff on such a key issue.

"Mr. Robinson was qualified as an expert in the area of valuation and appraisal. His testimony however overlapped into the area of handwriting and included an analysis of syllabic and English handwriting, areas for which he was not qualified.

"He has no formal training as an expert witness in handwriting analysis and his evidence is rejected.



"Dr. Singla's forensic evidence is preferred in this regard and his finding that it is highly probable that the painting "Wheel of Life" was painted by Norval Morrisseau was supported by his detailed technical analysis of known signatures of' Norval Morrisseau.

"Mr. Robinson also testified as to his personal dealings with Morrisseau paintings. It was his view that there were a large number of forgeries.

"It was also clear that his personal views and business interests conflicted with his professional opinion since it was in his interest along with Mr. Vadas to maintain the price of Morrisseau paintings which would not otherwise be the case if the market was flooded with paintings sourced from Potter auctions.



"The Court rejects his expert report and his conclusion that the Morellian analysis, style, colour, and provenance all pointed to forgery.

"Mr. Joseph McLeod's testimony is preferred to that of Mr. Ritchie Sinclair. Mr. Sinclair's testimony of numerous forgers paid for with drugs although dramatic was not supported by the evidence.

DECISION

"After a careful consideration of all of the evidence, the Court finds that on the balance of probabilities that the painting "Wheel of Life" dated February 1979 is an original Norval Morrisseau and undoubtedly one of his most notorious paintings.



"The painting “Wheel of Life" is not a forgery. The Defendants did not misrepresent the authenticity of the painting.

"The Plaintiff's claim is dismissed with costs fixed at $1,500.00 dollars pursuant to the written submissions of counsel.

"Dated at Toronto this 25th day of March 2013.

Signed

/Paul J. Martial/"


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~ This document, issued by the Ontario Superior Court of Justice, also includes the introduction, plaintiff's and defence evidence as well as summary of testimonies by Ms. Margaret Hatfield, Mr. Donald Robinson, Mr. Ritchie Sinclair, Ms. Donna Child, Mr. Wilfred Morrisseau, Mr. Kevin Cott, Mr. Joseph McLeod, Mr. Marlow Goring, Dr. Atul K. Singla and Mr. James White.

Source: Deputy Judge Paul J. Martial's judgement
                  /Complete Original Downloadable Document/

                 


            /Complete Original Downloadable Document/

                



ADDITIONAL INFORMATION:


/This is an appeal by the appellant Hatfield from the decision of the Honourable Deputy Judge Paul Martial of the Toronto Small Claims Court dated March 25, 2013./

~ Funded by Canada’s lawyers and notaries for the benefit of all, CanLII provides free access to legal information 

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Note: "The Hatfield case was unique in that it represented the first time a Morrisseau authentication joust had proceeded through a complete trial – it required five hearings spanning about two and a half years and resulting in 750 pages of published evidence – and ended with a judicial ruling." ~ 'The Globe and Mail'

Brian Shiller - Legal counsel for Defendant


>>> REFERENCE POSTS (STRONGLY RECOMMENDED):
- Forensic Document Examination (Part I), - Signatures on Norval Morrisseau artworks certified by Forensic Science- 'A Fabulous Merry Christmas Greeting for Norval & All Canadians from Madam Justice Mary Anne Sanderson', - The Jonathan Sommer's appeal on behalf of the Plaintiff in Hatfield vs. Artworld of Sherway has failed on December 17th, 2013... (Part I)- The Jonathan Sommer's appeal on behalf of the Plaintiff in Hatfield vs. Artworld of Sherway has failed on December 17th, 2013... (Part II)The Jonathan Sommer's appeal on behalf of the Plaintiff in Hatfield vs. Artworld of Sherway has failed on December 17th, 2013... (Part III), - Downloadable Norval Morrisseau Forensic Reports (Part I), - Downloadable Norval Morrisseau Forensic Reports (Part II), - Downloadable Norval Morrisseau Forensic Reports (Part III), - Downloadable Norval Morrisseau Forensic Reports (Part IV), - Morrisseau's artwork in Auction Houses, Commercial Art Galleries & Museums Around the World, - Genuine Morrisseau paintings: Appraised, Authenticated and Forensically Analyzed... /In regards to the Genuine Norval Morrisseau paintings signed by the artist with a dry brush (DB) technique/ - Experts in Norval Morrisseau's Art (Part I) /Ref.: Mr. Joseph McLeod/ - Norval Morrisseau authenticating his artworks /In regards to the Genuine Norval Morrisseau paintings signed by the artist with a dry brush (DB) technique/, - Endorsement by Thunder Bay Art Gallery of genuine Morrisseau paintings from 1970's /In regards to the Genuine Norval Morrisseau paintings signed by the artist with a dry brush (DB) technique/, - Authenticity Statement by Mr. Goyce Kakegamic /'In regards to Genuine Norval Morrisseau paintings acquired from Collections of Mr. Rolf Schneiders and Mr. Gary Lamont/, - Statutory Declaration by Mr. Robert Scott, /' Witnessing Norval Morrisseau signing the paintings with a dry brush (DB) technique'/, - Statutory Declaration by Mr. Deiter John Voss, /' Witnessing Norval Morrisseau signing the paintings with a dry brush (DB) technique'/ - Hatfield, Margaret Lorraine vs. Child, Donna and Artworld of Sherway (Part IV) & - Pivotal Court Case Relevant to Authenticity of Norval Morrisseau Artworks.

~ As per decision of the SUPREME COURT OF CANADA (December 22, 2009), journalists and other media, including bloggers, will be protected from lawsuits if they diligently try to verify information on matters that are in the public interest (click HERE for more information and/or check NORVAL MORRISSEAU BLOG's DISCLAIMER @ the bottom of this page ). ~