Monday, April 1, 2019

The reasons behind Jamie Kastner's "THERE ARE NO FAKES" documentary (Part 1 of 7)


"More and more individuals – and companies – are augmenting, even bypassing entirely, traditional legal process hoping to get a more favorable hearing in public." ~ Bruce Schneier2013

Illustration by Spirit Walker

"Court is one of those places where facts still matter."
~ Judge Amy Berman Jackson, 2019

The following statement could be found on Mr. Ritchie Sinclair's Facebook page - of individual who single-handedly caused the greatest harm to the Norval Morrisseau Art Market and whose name is infamously connected with the Legacy of Norval Morrisseau - supported by Donald C. Robinson in a court case Otavnik Vs Sinclair (Court File No. SC 09-00082782-0000) and served, together with Donald C. Robinson, as the plaintiff's only witnesses in a court case Hatfield, Margaret Lorraine vs. Child, Donna and Artworld of Sherway (Court File No. SC-09-087264-0000)… both, Mr. Robinson and Mr. Sinclair were discredited by the Paul J. Martial's judgement on April 2nd, 2013 (click HERE): 

"In modern society the court of public opinion, by way of film, is the only viable method to reach the people. This Morrisseau issue is profoundly signficant to all of us. It's about so much more than pretty pictures. Ever hear of fake news?"

Ritchie Sinclair, 2019

The same individual, Ritchie Sinclair, in court case Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc. had been removed, together with Kinsman Robinson Galleries' Donald Robinson, from a witness list as soon as it was announced that one of the intervenors was going to be Mr. John Goldi CSC of

"As for Ritchie Sinclair, the failure to call him – the very source of the entire controversy over the painting owned by Hearn – is more interesting. A survey of law reports in recent years shows that he has been deeply involved in litigation concerning Norval Morrisseau, often in alliance with or in support of cases brought by Kevin Hearn’s present counsel. He likewise has often played the part of the instigator of the controversies, and has equally often been held to be in the wrong. For this reason, counsel for the Intervenors here has dubbed him the “source of misinformation” about Spirit Energy and other Morrisseau works."

~ Justice Edward M. Morgan, May 24, 2018 (Paragraph 33); 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/



After eighteen years since National Post article by Murray Whyte "Morrisseau fakes alleged" /National Post, May 18th, 2001/, and three years of investigation by Royal Canadian Mounted Police and Thunder Bay Police Service and after eight court cases over the period of twelve years (see reference posts listed below) nobody has ever been successful in pointing out one case where it was proven that someone made, sold, distributed or even marketed one "fake" Norval Morrisseau painting.
In each of these court cases Mr. Joseph McLeod (1928-2017) of Maslak McLeod Gallery was referenced to or his appraisals were submitted and accounted for:

1.1 - Otavnik vs. Vadas SC 07-51428-00,
2.1 - Michael Moniz vs. CTV Globemedia Publishing Inc.,
3.1 - Drs. Browne and Witmer vs. Bearclaw Gallery,
4.1 - Otavnik vs. Sinclair SC 09-00082782-0000,
4.2 - CASE SUMMARY: Otavnik vs. Sinclair SC 09-00082782-0000,
5.1 - Hatfield vs. Child SC-09-087264-0000 &
6.1 - Kinsman Robinson Galleries vs. Ugo Matulic CV-10-417123,

7.1 - James White vs. Ritchie Sinclair SC-10-109226-00
        /Formerly CV-08-00366828*/.
- Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc. /Court File No. CV-12-455650/

* - A claim when Joseph McLeod (c.o.b. Maslak McLeod Gallery)James White, White Distribution Limited, Donna Child, Artworld Inc. (c.o.b. Artworld of Sherway)Sun Nam Kim ("Sunny Kim"), Gallery Sunami Inc.(c.o.b. Gallery Sunami), Jackie Bugera and Bugera Holdings Ltd.(c.o.b. Bearclaw Gallery) sued Ritchie Sinclair (Ref.: click HERE).

Note: In January 2011, days before the case was to be officially declared abandoned by the Superior Court, James White reactivated the case. It appears, however, that White was acting alone. On August 5th, 2015 Deputy Judge CW Kilian Found Ritchie Sinclair Guilty & fined him $25,000 plus costs... (click HERE for more information). 

~ In all of the above listed court cases Forensic science have been used proving that paintings in question were signed by Norval Morrisseau and nobody else (click HERE).


>>> 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, Ms. 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 will be 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, 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).

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