Two Manitoba First Nations have filed an injunction with the Manitoba Court of King’s Bench that seeks to have a recently signed treaty between the federal government and the Manitoba Métis Federation declared invalid.
Trippier Law filed a motion in Winnipeg Monday on behalf of the Dakota Tipi First Nation and the Canupawakpa Dakota First Nation that states the attorney general of Canada, the Manitoba government and the Métis federation breached their constitutional duties in failing to consult with First Nations, and they “unjustifiably infringed” on the Dakota’s rights to the land with the signing of the treaty.
“We never had a chance to really review the treaty and what the implications are,” Dakota Tipi Chief Dennis Pashe told the Brandon Sun. “The federal government refused to give us the resources to do that.
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Manitoba Métis Federation President David Chartrand (middle) said the Dakota nations ‘should read some history books.’
“They’ve said (the Métis) have been there (for) 150 years. We’ve been here 12,000 years, if not more. So why are we being relegated to a back seat in terms of implementation of our rights?”
On Saturday, the Métis federation signed a first-of-its-kind treaty with Ottawa that recognizes it as the official government of the Red River Métis people. President David Chartrand signed the treaty on behalf of the federation and Crown-Indigenous Relations Minister Gary Anandasangaree signed it on behalf of the federal government.
Anandasangaree said legislation would be introduced to bring the treaty into effect, a bill he said he hoped would see “swift passage” through Parliament.
Canupawakpa Chief Raymond Brown said the treaty shouldn’t have been signed before the federal government dealt with the Dakota’s claims on the territory.
On July 15, Anandasangaree delivered a formal statement of recognition and apology on behalf of the federal government to the nine Dakota and Lakota First Nations in Canada that were treated as refugees in Canada. That statement acknowledged that for over 150 years, the Dakota were denied recognition of their rights.
But Brown said there has been no further communication with the federal government, and they have been unable to move forward with their own rights claims.
“All communications have stopped — emails, calls everything stopped,” Brown said. “We did request meetings, but then all of a sudden out of nowhere, they did a treaty with the Métis. So now that’s a conflict, because why are they doing a treaty with the Métis, when they still have to deal with the Dakotas, first and foremost under the Aboriginal inherent rights.”
The chiefs’ attorney, Faron Trippier, said the treaty the federal government signed with the Métis establishes significant rights, “which are in place of or supersede the rights of other First Nations.”
The injunction, Trippier said, aims to declare the treaty constitutionally invalid due to inadequate government consultation with First Nations, as required under Section 35 of the Constitution Act.
“It’s … to put the brakes on the implementation and to stop the implementation of the treaty,” Trippier said. “That’s the primary focus of the injunction, but there are multiple heads of relief set out in the injunction.”
The wording of the injunction states that (the Dakota) are the “original inhabitants of the lands both south and north of the 49th parallel, within the province of Manitoba, as well as land extending to cover large areas of present-day southern Manitoba, eastern Saskatchewan, and western Ontario.”
A court proceeding on the injunction is to be held Dec. 19 in Winnipeg.
Earlier this week, the Assembly of Manitoba Chiefs issued a news release, stating that acting grant chief Betsy Kennedy, along with Brown and Pashe, are formally urging the federal government and Anandasangaree to address “the lack of a complete consultation process with the Manitoba First Nations” regarding the Métis treaty.
“The AMC stands in full solidarity with Chiefs Pashe and Brown,” said Kennedy in the release. “A comprehensive consultation process is not optional — it is a fundamental aspect of reconciliation and respect for First Nations rights.”
Chartrand said the federal government sent letters of engagement and consultation with First Nations long before Saturday’s signing ceremony, and had engaged with the late Grand Chief Cathy Merrick regarding the details of the treaty.
He suggested the Dakota bands missed their chance to come forward at that time.
Instead, he said, the two Dakota bands are trying to claim they have exclusive rights to all of the land in the region, trumping the rights of Treaty One signatories and the rights of the Métis, after the fact.
“I think that’s going to be interesting, how they try to tell the Plains Cree, Anishinaabe and the rest of them that they have no rights, and the exclusive rights of the Dakota Sioux trumps all of their rights,” Chartrand said.
The Dakota bands have tried to use the courts to claim jurisdiction over the Métis in the past, Chartrand said.
“There’s four claims now being filed in court. They must have a lot of money to run around with lawyers, but if that’s their prerogative, they can spend their money all they want.”
He further stated the Dakota should “read some history books” before they make unsubstantiated claims.
“We look at history. The Sioux were not here. The Sioux were in the south, and they were in the United States. … Sure, they did come in and out. All I know is that we have a treaty we’ve been waiting for, for 154 years. They knew the Métis were here, and the Métis were the dominant force of the West. We were the military force, and we were also the relatives and protectors with the First Nations.”
On the question of rights, Chartrand said Canada does not have a hierarchy of rights between Indigenous peoples, and that the Dakota claims will not hold under Canadian law.
“Our rights are no greater than each other’s. We have respect for each other’s rights, and the law is on that premise. And that’s a fact,” Chartrand said.
“I guarantee you with every ounce of power I have, I will defend my people and defend our rights,” Chartrand said.
Anandasangaree’s office said the minister was unavailable for comment.
— Brandon Sun