Dakota First Nations say Manitoba Métis Federation treaty infringes on their rights

Two Dakota First Nations in Manitoba are asking the court to declare a treaty signed last month between the Manitoba Métis Federation (MMF) and the federal government invalid.  

Dakota Tipi First Nation and Canupawakpa Dakota Nation have filed a motion in Manitoba's Court of King's Bench for an injunction against the federal government, saying the Métis treaty infringes on their rights. 

"For many, many years in the Manitoba region, the Dakota Nation … their Section 35 rights and their history and their title have not been recognized," said Faron Trippier, lawyer for the First Nations. 

"The Dakota have been heavily, heavily oppressed, targeted as refugees." 

This stems from years of the Dakota people not being recognized as having roots in Canada, and the nation being excluded from treaty negotiations. 

In July, the federal government apologized to the Dakota people, and Crown-Indigenous Relations Minister Gary Anandasangaree promised to continue to work with the Dakota people to develop a modern treaty.

Karl Stone, a councillor for Dakota Tipi First Nation, said the First Nation has not heard from the federal government since the apology in July. Now, he says Canada is using "every excuse in the book," to not work with the Dakota people. 

"This all goes back on Canada not dealing with our nation, and they're using these groups to exclude us and to batter us down," said Stone. 

The major concern with the Métis treaty is that it could potentially infringe on the hunting rights of the Dakota people, said Trippier.

"It directly impacts the other Indigenous nations in the same region … because what you're doing is you're splitting resource management activities, whether it's fisheries, whether it's hunting, whether it's harvesting of medicines, or even forest management," said Trippier. 

"What you have to do is you have to do it in a distinctions-based model …. It has to be a full consultative process." 

A distinctions-based model is where relations between the government and nations are contextual, and influenced by the history of that nation within the region.

"In that longer history, in a longer timeline, you'll see who are the original rights holders, who are the original Aboriginal title holders," said Trippier. 

The Dakota First Nations argue their history in the region extends further back than the Métis, and they have Aboriginal title and rights to the land. 

Geneva Smoke, a historian and member of Dakota Tipi First Nation, said her nation has been in Manitoba since time immemorial. 

"We go back to the … War of 1812 and the peace and trade agreements we've had with the Crown prior to all the treaties being made," said Smoke.

No 'hierarchy of rights,' says MMF

The federal government says it has received notice of the injunction, and is reviewing it. It also says the Métis treaty does not deal with the issues brought up by the Dakota First Nations.

"This is about the right of the Red River Métis to organize and govern themselves, and to pass laws that apply to their citizens," said Jacinthe Goulet, spokesperson for.Crown-Indigenous Relations and Northern Affairs Canada.

"This treaty does not include land or address harvesting or land-related rights."

Goulet added, "We will continue to work with all Métis partners to promote reconciliation, renew relationships, advance their visions for self-determination and build a better future for the benefit of their citizens and future generations."

Manitoba Métis Federation President David Chartrand said when the MMF's modern treaty was signed it had the support of several First Nations and that he believes the MMF treaty can coexist alongside Treaty 1. 

"There is no such thing as a hierarchy of rights in Canada," said Chartrand. 

"There's no decision by any Supreme Court of Canada ... where First Nations have greater rights than the Métis and Inuit."

Chartrand said, "The Sioux are not the original inhabitants of here .... We'll defend that history in the courtroom." 

Chartrand also said the motion could have implications for Treaty 1 First Nations rights, if the Dakota are saying the lands that are now Winnipeg are their exclusive territory.

"They'll trump the Cree, saying that the Cree and the Assiniboine also don't have the right to this land because it's exclusively Sioux land," he said.

Congratulations from Métis governments

Métis governments in Saskatchewan and Alberta are also working toward modern treaties.

"I compliment people that have done the work that needs to be done in order to be able to be where they're at," said Glen McCallum, president of the Métis Nation-Saskatchewan. 

"We've always worked on being self-sufficient and being self-governing and determin[ing] our own future in regards to who we are."

McCallum said a modern treaty has been in the works since his nation signed a self-government agreement in 2023.

He said if the MN-S signed a modern treaty, it could help them secure more funding. 

"For me, the benefit has always been where the treaty can open the doors to be able to negotiate in regards to where the gaps are and regarding our government." McCallum said.

"It opens the door wide-open [to] negotiations on the needs of the community in Saskatchewan."

Both the Otipemisiwak Métis Government (formerly the Métis Nation of Alberta) and the Métis Nation of British Columbia say the MMF treaty is a step in the right direction for the rights of Métis people.

The motion will be heard Dec. 19 in Winnipeg.