Dakota Tipi claims ownership of The Forks, files lawsuit

A Manitoba First Nation is claiming it is the rightful owner of unceded land at The Forks in downtown Winnipeg, and demanding to be involved in development and decision-making and to “share in the profits” at the national historic site.

On Friday, the Dakota Tipi First Nation (DTFN) a community located near the city of Portage la Prairie, filed a lawsuit in the Court of King’s Bench claiming their descendants were the original inhabitants of land at what is now The Forks in downtown Winnipeg, one of the city’s most well-known gathering spots and tourist attractions.

The court filing claims DTFN community members are direct descendants of the Oceti S’Akowin Nation, which were the original inhabitants of the land located near the junction of the Red and Assiniboine Rivers.

“The Dakota Tipi Nation states that the land is part of its unceded traditional territory in Manitoba and is held in trust for the benefit of the Dakota Tipi Nation, such that they should share in the profits that derive from the use of the land,” the statement of claim states.

The lawsuit names the City of Winnipeg, the Province of Manitoba, the federal government, the North Portage Development Corporation and the Forks Renewal Corporation as defendants.

According to the claim, both Dakota and Lakota Nations in Canada were historically not recognized as Canadian inhabitants after European contact and because of that, were excluded from the Treaty process in Canada. Last month the federal government apologized to the Dakota and Lakota Nations and officially recognized them as Canadian inhabitants.

The lawsuit alleges that since they were not recognized and not part of Treaty negotiations, the Dakota Tipi First Nation never officially surrendered their land rights at The Forks.

“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 claims.

“The Dakota people were strategically excluded from the Treaty making process and forced onto unsuitable reserve lands that were and remain today smaller in size than those extended to other First Nations who were invited to the Treaty making process.”

The lawsuit states the land was originally used by descendants of DTFN members for economic opportunities including trade, hunting, fishing, and agriculture.

The suit is asking that the land at The Forks be transferred to DTFN, and that decisions about future development at The Forks not be made without involving the community, as it is seeking an injunction that would prevent the defendants from seeking any grants, leases, licenses or permits related to the land without DTFN’s consent.

The suit also seeks unspecified damages.

A spokesperson with the provincial government said the province would not comment on the lawsuit because it is currently before the courts, and a city of Winnipeg spokesperson said the city also would not comment.

A spokesperson with The Forks did not respond to a request for comment on Tuesday.

None of the named defendants had filed Statements of Defence as of Tuesday.

This story was originally published in The Winnipeg Sun. It is republished under a Creative Commons license as part of the Local Journalism Initiative.