Manitoba First Nation files lawsuit claiming The Forks is 'unceded territory'
A Manitoba First Nation is filing a lawsuit against the city of Winnipeg, the province of Manitoba, and the federal government, alleging that land, including The Forks, is the unceded territory of their nation.
Dakota Tipi First Nation filed a lawsuit Friday in the Court of King's Bench, listing the City of Winnipeg, the Province of Manitoba, the Attorney General of Canada, and the North Portage Development Corporation, which oversees the Forks- as defendants.
The claim alleges the Dakota Tipi Nation are the original inhabitants of the land and should be included in any future development.
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"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 claim reads.
The Dakota and Lakota Nations in Canada were not historically recognized as Canadian inhabitants at the time of European contact and were excluded from the Treaty making process in Canada and other major agreements.
On July 15, Canada apologized to the two nations, recognizing them as Canadian inhabitants.
The claim states that Dakota Tipi exclusively used the land where the Forks development now sits for trade, agriculture, hunting, and fishing. They allege they never surrendered their land rights to the Crown because Canada did not recognize them.
The Dakota Tipi claims they possess Aboriginal Title to the land.
They are seeking damages, which include returning the legal title of the land to the nation, compensation for past use of the land, and consultation on future use and development.
The claim also includes aggravated and punitive damages. None of the claims have been proven in court.
The Manitoba government and City of Winnipeg both said they cannot comment as the matter is before the courts.
CTV News Winnipeg has also contacted the federal government, and North Portage Development Corporation for comment.
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