A Manitoba First Nation that claims to have unceded rights to the territory where The Forks sits at the intersection of the Red and Assiniboine rivers is suing to get back what the community says is its land.
Dakota Tipi First Nation, with Winnipeg lawyer Faron Trippier acting on their behalf, filed the lawsuit over its claims in the Court of King’s Bench on Friday.
The court filing claims Dakota Tipi members are the direct descendants of the original inhabitants of the land at the Forks, the Oceti S’Akowin Nation.
The claim is seeking a court order directing the ownership of the land to the First Nation, which is located southwest of Portage la Prairie, as well as an injunction restraining the defendants from making any further grants, leases, licenses or permits related to the land and its resources without Dakota Tipi’s consent.
Alternatively, the lawsuit says, the First Nation would seek remedies that respect its rights, including meaningful engagement on settlement discussions, reinstating its ownership of the land as a partner, and consultation on all matters moving forward.
The lawsuit alleges the First Nation is owed unspecified damages for its loss of harvesting sites, ceremonial sites, traditional practices, economic growth and enjoyment of the land, where a popular meeting place and historic site now sits.
The lawsuit, which does not appear to have been served, names The Forks, the federal attorney general, the City of Winnipeg, the provincial government, the North Portage Development Corporation and the Forks Renewal Corporation as defendants.
The renewal corporation, owned by the three levels of government through the development corporation, owns and operates The Forks Market on the land.
“The Dakota Tipi Nation states that the land is part of its unceded traditional territory in Manitoba and is held in trust for the benefit of the Dakota Tipi Nation, such that they share in the profits that derive from the use of the land,” the claim says.
The court filing claims the defendants have “unjustifiably infringed” on the First Nation’s rights to the land, which it claims it never agreed to surrender.
The First Nation, the filing claims, has the right to use, occupy and manage the land, the right to economic benefits from it, the right to self-govern upon it and use its resources, as well as cultural and spiritual rights.
The Oceti S’Akowin people used the land at The Forks to harvest food, conduct trade and hold ceremonies, claims the court filing, which says oral and written histories indicate The Forks and surrounding area had hundreds of tipis, harvesting and ceremonial sites, Dakota entrenchments and trade areas.
The filing claims the Oceti S’Akowin used the land exclusively since time immemorial, with the Yankton division of the nation having primary control of the fur trade on the land.
Dakota Tipi, as their descendants, are claiming Aboriginal rights to the land under s.35 of the Constitution Act of 1982.
The federal government has historically refused to recognize Dakota people as inhabitants of the nation when European settlers arrived, claiming they have no Indigenous rights, the court filing claims.
“The Dakota people were strategically excluded from the treaty making process and forced onto unsuitable reserve lands that were and remain today smaller in size than those extended to other First Nations who were invited to the treaty making process,” the filing claims.
The lawsuit notes the federal government apologized in July to the Dakota and Lakota of Canada for its failure to recognize their status and rights.
The court filing asserts that the honour of the Crown imposes a duty for the Crown to act honourably in its dealings with the Fist Nation. The current use of the land breaches that duty, infringes rights, and breaches duty to consult and trust.
The lawsuit claims the various levels of government and their corporations conspired to improperly transfer and use The Forks and unjustly enriched themselves in the process.
erik.pindera@freepress.mb.ca
Erik Pindera
Reporter
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
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