A second Manitoba First Nation has filed a lawsuit claiming ownership of both The Forks and land near Portage la Prairie, where Southport Aerospace Centre is located.
In three separate statements of claim filed in Manitoba Court of King’s Bench earlier this month, Canupawakpa Dakota Nation — also known as Oak Lake Reserve — seeks unspecified damages and compensation due to the loss of land in both places, as well as $475 million in general damages for the loss of the Southport site, which their ancestors traditionally used.
Canupawakpa, a community of more than 300 residents about 95 kilometres southwest of Brandon, is suing the federal and provincial governments, the City of Winnipeg, North Portage Development Corp. and The Forks Renewal Corp.
It claims its people are the direct descendants of the Oceti S’Akowin Nation, the original inhabitants of the land who never surrendered their rights to it or signed a treaty with Canada.
Neither Canupawakpa’s Chief Raymond Brown or its lawyer Faron Trippier, could be reached for comment Monday.
The lawsuits follow similar claims filed in 2023 by Dakota Tipi First Nation against the same defendants.
Both First Nations are two of nine Dakota and Lakota Nations with much in common, including language, culture, traditions and spiritual beliefs.
Canupawakpa is seeking a court order giving it ownership of The Forks site or a majority interest in the corporation.
“The land, and the surrounding areas, are impacted today by the numerous enterprises, both for-profit and not-for-profit, that the defendants have permitted on the land, including shops, recreational sites, museums and other businesses,” states the lawsuit.
“Canada and Manitoba have unjustifiably infringed the plaintiff’s aboriginal rights to the land, including their aboriginal title rights.”
The First Nation claims the federal government, which built an air base near Portage during the Second World War, and where Southport is located now, “has unjustifiably infringed on plaintiff’s rights to the land.”
“(It) has suffered damages for loss of cultural activities, loss of a way of life, loss of traditional economic activities derived from harvesting areas on the land, desecration of burial sites and economic losses arising from loss of use of the land,” the claim says.
It is seeking a court order transferring ownership of the land from the federal government to the First Nation or a majority ownership interest in the corporation created in 1992, to run the former Canadian Forces Base.
The lawsuit notes the federal government historically not only refused to recognize the Dakota people as living in Canada, it also said they had no Indigenous rights.
Last year, the federal government issued an apology, to both the Dakota and Lakota of Canada, for its failure to recognize their rights and status.
The current lawsuit says the Canupawakpa Dakota First Nation “has used, lived on, occupied and drawn life in what is now Canada… since time immemorial, and the Dakota people are an essential part of the formation and fabric of the country of Canada.
“The Dakota helped defend, build and develop the country of Canada,” including the War of 1812 against the United States, the documents say.
No statements of defence have been filed and the matter hasn’t been adjudicated in court.
kevin.rollason@freepress.mb.ca
Kevin Rollason
Reporter
Kevin Rollason is a general assignment reporter at the Free Press. He graduated from Western University with a Masters of Journalism in 1985 and worked at the Winnipeg Sun until1988, when he joined the Free Press. He has served as the Free Press’s city hall and law courts reporter and has won several awards, including a National Newspaper Award. Read more about Kevin.
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