Two Dakota First Nations have filed a claim against the province, the federal government and the Manitoba Métis Federation claiming the three parties conspired to exclude them from economic and social development on what they say is their land.
The claim, filed by firm Trippier Law on Oct. 11, argues Dakota Tipi First Nation and Canupawakpa Dakota First Nation were knowingly shut out of discussions between the MMF and the provincial and federal governments on unceded land to which they hold Aboriginal title rights.
“In failing to take any steps to consult with the Dakota Nations regarding the land, and further, actively negotiating and consulting with MMF to the exclusion of the Dakota Nations, the defendants participated in conspiracy to intentionally engage in unlawful conduct to infringe on the Dakota Nations’ rights to the land, when the defendants knew or ought to have known that the conduct would likely cause harm to the Dakota Nations,” the statement of claim reads.
The lawsuit says the Dakota Nations are direct descendants of the Oceti S’Akowin Nation people, who were the original inhabitants of the land and used it for harvesting, hunting, fishing and ceremony “since time immemorial, and therefore, have a claim and entitlement by virtue of Aboriginal title to the lands both south and north of the 49th parallel within the province of Manitoba” under s.35 of the Constitution Act of 1982.
Under those guidelines, the Dakota Nations say Canada and Manitoba have breached the constitution by failing to recognize their treaty rights, that the MMF has refused to meet with them and is negotiating with the other two parties on developments in the province without their consultation and consent.
The claim calls on the court to intervene until the MMF and provincial and federal governments “commence meaningful negotiation with the Dakota Nations to compensate for the constitutional, fiduciary, and other breaches in relation to the land.” It also calls for an order requiring Canada to adopt a “distinctions based approach” that would commit to any interaction between the Crown and First Nations, Métis and Inuit peoples acknowledges their unique rights, laws, governments and cultures.
“Our nation’s legal action today is focused on telling the accurate history of the territory in the region … this is something that Canada and Manitoba should have addressed long ago,” Dakota Tipi First Nation Chief Dennis Pashe said in a statement.
“For Indigenous rights to be clearly defined in this province, this legal process must take place.”
Dakota Tipi First Nation is located southwest of Portage la Prairie while Canupawakpa Dakota First Nation is located in the southwest corner of the province.
Dakota Tipi First Nation filed a similar claim in August, claiming to have unceded rights to the territory where The Forks sits and seeking a court order granting them ownership of the land, citing an Aboriginal title right to the area.
That lawsuit also seeks remedial gains including reinstating Dakota Tipi First Nation’s ownership of the land as a partner and consultation on all further development.
Attempts to reach the MMF and provincial and federal governments for comment were unsuccessful.
malak.abas@freepress.mb.ca
Malak Abas
Reporter
Malak Abas is a city reporter at the Free Press. Born and raised in Winnipeg’s North End, she led the campus paper at the University of Manitoba before joining the Free Press in 2020. Read more about Malak.
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