Feds reviewing injunction filed by Dakota

Hey there, time traveller!
This article was published 07/12/2024 (280 days ago), so information in it may no longer be current.

The Government of Canada says it has received notice of an injunction filed on Dec. 2 by two Dakota First Nations and is currently reviewing the motion. But, Canada does not share the concerns raised by the motion in question, a federal government spokesperson told the Sun in a statement sent on Friday.

“As announced on Nov. 30, 2024, Canada signed a Self-Government Treaty with the Manitoba Métis Federation … which focusses on core governance matters internal to the MMF,” said Crown-Indigenous Relations and Northern Affairs Canada spokesperson, Eric Head.

“This is about the right of the Red River Métis to organize and govern themselves, and to pass laws that apply to their citizens, and which relate to their own internal affairs. This Treaty does not include land or address harvesting or land-related rights.”

Trippier Law filed a motion in Winnipeg last Monday on behalf of the Dakota Tipi First Nation and the Canupawakpa Dakota First Nation that seeks to have a recently signed treaty between the Government of Canada and the Manitoba Métis Federation (MMF) declared invalid.

The motion 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 Red River Métis Self Government Treaty.

The federal spokesperson countered that the duty to consult with First Nations had been fulfilled prior to the signing of the treaty.

“The Treaty was informed by over one year of consultation and engagement with other Indigenous groups (including other Métis Governments and partners, as well as First Nations in Manitoba),” Head wrote. “This process was undertaken before the Treaty was finalized, in keeping with Canada’s constitutional obligations.”

He further noted that the self-government treaty signed with the MMF sets out a process for negotiating “additional areas of jurisdiction” in the future, and would include Crown consultation and engagement with other Indigenous groups when it comes to matters that may affect their Section 35 rights.

On Wednesday, Canupawakpa Chief Raymond Brown said the federal government had been difficult if not impossible to reach following a statement of apology made by Minister of Crown–Indigenous Relations, Gary Anandasangaree in July this year, and claimed that the federal government had not been moving forward with Dakota claims within Manitoba.

The statement issued by Eric Head stated that Canada “deeply values” its relationships with all Indigenous partners, including the Dakota Tipi First Nation and the Canupawakpa Dakota Nation.

“We will work to maintain productive working relationships that will help advance their vision for greater self-determination and a better future for their citizens. Minister Anandasangaree met with each of the chiefs following the apology and invited them to outline the agreed upon next steps.”

Earlier this week, Assembly of Manitoba Chiefs Acting Grand Chief (AGC) Betsy Kennedy was quoted in an AMC press release expressing support for the Dakota’s concerns regarding the MMF treaty.

The Sun posed a number of questions to the AMC on Friday in an attempt to expand on the AMC’s concerns. A spokesperson for the Acting Grand Chief stated that AGC Kennedy, “has nothing to add in addition to the quote shared in that release from Chief (Dennis) Pasche and Chief Brown.”

» mgoerzen@brandonsun.com

» Bluesky: @mattgoerzen.bsky.social