The Dakota Tipi First Nation has claimed in court it is the rightful owner of unceded land at The Forks in downtown Winnipeg, asking to “share in the profits” at the national historic site and participate in decisions about its use.The Dakota Tipi First Nation (DTFN), 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 what is now one of Winnipeg’s most well-known gathering spots and tourist attractions.The court filing says DTFN community members are direct descendants of the Oceti S’Akowin Nation, 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,” says the statement of claim.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 and seeks unspecified damages.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, licences or permits related to the land without DTFN’s consent.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. Therefore, DTFN never officially surrendered their land rights.“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.In the 1870s and in 2007, Ottawa rejected the claim of the Dakota and Lakota Nations that they should be included in the treaties that most Prairie First Nations already belong to.However, on July 15, the Trudeau Liberal government apologized to the Dakota and Lakota Nations and officially recognized them as Canadian inhabitants. That apology came during an elaborate ceremony at the Whitecap Dakota First Nation near Saskatoon Monday."I could never erase the pain you have endured, [but] this is the right thing to do," federal Crown-Indigenous Relations Minister Gary Anandasangaree said at the event."We seek to mend this injustice with three simple words: we are sorry,” and added, "We hope we can remove this stain and begin the work of healing.”Whitecap Chief Darcy Bear was among the crowd of 500 elders, leaders, and other indigenous people present."Our ancestors have fought for this recognition," Bear said. "We were treated differently.… We were left out."Bear turned to Anandasangaree and said, “We are going to be holding you accountable.”David Arnot, a Canadian senator and Saskatchewan's former treaty commissioner, said the evidence for the apology was clear and compelling."You are no longer denied your rightful place at the table," Arnot said. "You are nations whole, strong and proud."The Forks was designated a National Historic Site of Canada in 1974. The site's 5.5-hectare (14-acre) grounds are open year-round.Following the opening of the Forks National Historic Site in 1989, the Forks became the location of an interpretive park, and later public space for celebrations and recreation, revitalized historic and new buildings containing shops and restaurants, as well as a skateboard park and historic port. The Forks attracts over four million visitors each year.
