Dakota Tipi First Nation sues The Forks, governments, for financial compensation and ownership of land

Dakota Tipi First Nation is suing The Forks and three levels of government in the hopes of reinstating ownership of the land and financial compensation tied to the use and management of the land at the confluence of the Assiniboine and Red rivers.

In a lawsuit filed in Manitoba Court of King's Bench on Friday, Dakota Tipi First Nation or Dakota Tipi Nation as referenced in the suit, said they are direct descendents of the Oceti S'Akowin Nation who are the original habitants of the land at The Forks in Winnipeg. 

Dakota Tipi First Nation, located southwest of Portage la Prairie, is seeking damages surrounding the loss of harvesting sites, ceremonial sites, traditional, cultural and spiritual practices, economic growth and enjoyment of the land, the statement of claim says. 

The lawsuit lists the Attorney General of Canada, City of Winnipeg, Province of Manitoba, North Portage Development Corporation and The Forks Renewal Corporation as defendants who have "unjustifiably infringed on Dakota Tipi Nation's rights to the land."

"The defendants have constitutional, fiduciary and other duties to refrain from using or assigning the land without the Dakota Tipi Nation's consent," the suit says. 

Spokespeople from the city and the province said on Friday that they have no comment to provide as the matter is before the courts. 

The Attorney General of Canada, The Forks Renewal Corporation and the North Portage Development Corporation did not respond to CBC's requests for comment as of Friday evening. 

None of the defendants have filed a statement of defence and none of the allegations have been proven in court.

Land was used to hunt, fish and have ceremonies

The Oceti S'Akowin Nation used the land at The Forks to hunt, fish, harvest food, trade and have ceremonies. The Oceti S'Akowin were in contact with the earliest European settlers and had their own governance structures, practices, traditions and relationship with the land, the lawsuit says. 

"Oral and written history confirm that The Forks and surrounding areas had hundreds of tipis, harvesting grounds, ceremonial sites, regional Dakota entrenchments, and trade sites," the statement of claim says.

"As descendants of Oceti S'Akowin, the Dakota Tipi Nation claims Aboriginal rights to the land in accordance with s. 35 of the Constitution Act, 1982."

Canada has historically refused to recognize the Dakota people as inhabitants of Canada at the time of European contact and viewed the Dakota as having no Indigenous rights, the lawsuit says. 

Dakota people were "strategically excluded" from the Treaty making process and forced to live on reserves that remain smaller in size compared to other First Nations who participated in the treaty-making process, the claim alleges. 

"To be clear, the Dakota Tipi Nation did not, at any time, agree to cede, surrender, or extinguish their rights in the land," the lawsuit alleges. 

While the federal government issued a statement of recognition and an apology to the Dakota and Lakota people, the lawsuit says the government failed to recognize the status and rights of the Dakota and Lakota people. 

Dakota Tipi First Nation would like to see a transfer of ownership or a majority ownership from the corporation that owns the land, the lawsuit says. 

The First Nation is also asking that the defendants be ordered to share their profits from the use of the land and seek their consent before making any grants, leases, licences or permits relating to the land and resources. 

The lawsuit says Canada and Manitoba have a duty in connection with the Constitution Act to negotiate agreements for fair and just settlements of Indigenous rights, including Indigenous title, and participate in the process of reconciliation in good faith.