Manitoba First Nation claims The Forks is unceded territory, files lawsuit
Posted August 12, 2024 2:37 pm.
Last Updated August 13, 2024 9:08 am.
A Manitoba First Nation has filed a lawsuit asking for land back, claiming The Forks land is unceded territory.
Dakota Tipi First Nation, near Portage la Prairie, filed a lawsuit on Friday, naming the City of Winnipeg, Manitoba government, the Attorney General, The Forks and the North Portage Development Corporation as defendants.
The file claims Dakota Tipi members are direct descendants of the original inhabitants of the land at The Forks.
“We really have land issues in our community, we only have 100 acres. We don’t think we have been treated fairly like other First Nations,” said Dakota Tipi Chief Dennis Pashe.
Faron James Trippier, the Winnipeg Lawyer acting on behalf of Dakota Tipi First Nation, says the core of the lawsuit is an Aboriginal title claim.
“The beneficial interest in the land belongs to the Dakota Tipi First Nation,” Tripper said. “That means the right to determine what happens with the land, the right to participate in economic activity in respect to the land.”
The Dakota Nations in Canada were not recognized as Canadian inhabitants and were excluded from the Treaty process; the federal government apologized in mid-July.
The claim states that Dakota Tipi used the area around The Forks for trade and other duties, and they allege they never gave up their land rights because they were not recognized as inhabitants by the government.
“We spent many years being referred to as refugees and we have done our archaeological research, source document research in the archives and it tells a whole different story than the government’s position, which was recently changed to an apology by the federal government that we were always in our own territory,” said Chief Pashe.
Dakota Tipi is seeking damages through the claim, including having the legal title of the land returned to them and consultation on future development of the area.
“Our rights are not being recognized by the governments and so that is why we have taken the action to file a claim,” said Chief Pashe, who met with Canada’s Minister of Crown-Indigenous Relations Gary Anandasangaree on Monday.
Both the City of Winnipeg and the Manitoba government are not commenting at this time, and CityNews received no immediate response from The Forks.
“Currently, we are hoping to see a resolution and the resolution doesn’t have to happen in a courtroom,” Trippier said.
