2 Dakota First Nations challenge Métis treaty

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This article was published 06/12/2024 (303 days ago), so information in it may no longer be current.

Two Manitoba Dakota First Nations have filed an injunction with the Manitoba Court of King’s Bench that seeks to have a recently signed treaty between the Government of Canada and the Manitoba Métis Federation (MMF) declared invalid.

On Dec. 2, Trippier Law filed a motion in Winnipeg on behalf of the Dakota Tipi First Nation and the Canupawakpa Dakota First Nation that states that the Attorney General of Canada, the Government of Manitoba and the Manitoba Métis Federation have breached their constitutional duties in failing to consult with First Nations, and that they have “unjustifiably infringed” the Dakota’s rights to the land as a result of the signing of the treaty.

“The federal government did not consult with the First Nations in terms of … we never had a chance to really review the treaty and what the implications are,” Dakota Tipi Chief Dennis Pashe told the Sun this week. “And the federal government refused to give us the resources to do that.

“They’ve said (the Métis) have been there (for) 150 years. We’ve been here 12,000 years, if not more. And so why are we being relegated to a back seat in terms of implementation of our rights?”

On Nov. 30, the Manitoba Métis Federation signed a first-of-its-kind treaty with Canada that recognizes it as the official government of the Red River Métis people. MMF President David Chartrand signed the treaty on behalf of the federation, with Crown-Indigenous Relations Minister Gary Anandasangaree signing on behalf of the federal government.

Following the signing of the treaty, Anandasangaree stated the next step would be introducing federal legislation to bring it into effect, a bill he said he hoped would see “swift passage” through Parliament.

But that treaty should not have been signed before the federal government dealt with the Dakota’s claims on the territory, according to Canupawakpa Chief Raymond Brown.

In July this year, Minister Anandasangaree delivered a formal statement of recognition and apology on behalf of the federal government to the nine Dakota and Lakota First Nations in Canada that were treated as refugees in Canada. That statement acknowledged that for over 150 years, the Dakota were denied recognition of their rights as Indigenous peoples.

But Brown says following that meeting on July 15, there has been no further communication with the federal government, and they have been unable to move forward with their own inherent rights claims.

“All communications have stopped — emails, calls everything stopped,” Brown said. “We did request meetings, but then all of a sudden out of nowhere, they did a treaty with the Métis. So now that’s a conflict, because why are they doing a treaty with the Métis, when they still have to deal with the Dakotas, first and foremost under the Aboriginal inherent rights?”

According to the chiefs’ attorney, Faron Trippier, the treaty that the federal government signed with the MMF establishes significant rights, “which are in place of or supersede the rights of other First Nations.”

The injunction, Trippier said, aims to declare the treaty constitutionally invalid due to inadequate government consultation with First Nations, as required under Section 35 of the Constitution Act.

“It’s … to put the brakes on the implementation and to stop the implementation of the treaty,” Trippier said. “That’s the primary focus of the injunction, but there are multiple heads of relief set out in the injunction.”

The wording of the injunction states that the defendents (the Dakota) are the “original inhabitants of the lands both south and north of the 49th parallel, within the Province of Manitoba, as well as land extending to cover large areas of present-day southern Manitoba, Eastern Saskatchewan, and Western Ontario.”

A court proceeding on the injunction is to be held on Dec. 19 in Winnipeg.

Earlier this week, the Assembly of Manitoba Chiefs (AMC) issued a press release, stating that AMC Acting Grant Chief Betsy Kennedy, along with Chief Brown and Chief Pashe, are formally urging the federal government and Minister Anandasangaree to address “the lack of a complete consultation process with the Manitoba First Nations regarding the MMF Self-Government Treat Implementation Agreement.”

“The AMC stands in full solidarity with Chiefs Pashe and Brown,” said Kennedy in the press release. “A comprehensive consultation process is not optional — it is a fundamental aspect of reconciliation and respect for First Nations rights. We urge Minister Anandasangaree and the Federal Government to engage meaningfully with Manitoba First Nations on this matter before moving forward.”

When reached by the Sun, MMF President David Chartrand said the federal government sent out letters of engagement and consultation with First Nations long before the treaty was ever signed, and had also engaged the late AMC Grand Chief Cathy Merrick, before she died, regarding the details of the treaty. He suggested the Dakota bands had missed their chance to come forward at that time, if they had such concerns.

Instead, he said, the two Dakota bands are attempting to claim that they have exclusive rights to all of the land in the region, trumping the rights of Treaty One signatories and the rights of the Métis, after the fact.

“I think that’s going to be interesting, how they try to tell the Plains Cree, Anishinaabe and the rest of them that they have no rights, and the exclusive rights of the Dakota Sioux trumps all of their rights,” Chartrand said.

This is not the first time that the Dakota bands have attempted to use the courts to claim jurisdiction over the Métis, Chartrand said.

“There’s four claims now being filed in court. They must have a lot of money to run around with lawyers, but if that’s their prerogative, they can spend their money all they want.”

He further stated that the Dakota should “read some history books” before they make unsubstantiated claims.

“We look at history. The Sioux were not here. The Sioux were in the south, and they were in the United States … Sure, they did come in and out. All I know is that we have a treaty we’ve been waiting for, for 154 years. They knew the Métis were here, and the Métis were the dominant force of the West. We were the military force, and we were also the relatives and protectors with the First Nations.”

On the question of rights, Chartrand said Canada does not have a hierarchy of rights between Indigenous peoples, and that the Dakota claims will not hold under Canadian law. But he added that if the Dakota want a fight in court, he’ll give them one.

“Our rights are no greater than each other’s. We have respect for each other’s rights, and the law is on that premise. And that’s a fact,” Chartrand said. “I guarantee you with every ounce of power I have, I will defend my people and defend our rights,” Chartrand said.

A spokesperson with Minister Anandasangaree’s office said the minister was unavailable for comment yesterday. Answers to questions posed by the Sun to the Crown-Indigenous Relations department were not made available by press time.

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