Claims to Turtle Mountain area won’t go unchallenged

Opinion

Recently, on April 22, 2025, the Canupawakpa Dakota First Nation (CDFN) filed a statement of claim in the Manitoba Court of King’s Bench claiming exclusive ownership and Aboriginal title over lands in Manitoba. This is just the latest claim. Since Nov. 6, 2023, CDFN, Dakota Tipi First Nation (DTFN), or both have filed nine similar claims with that court.

This series of overlapping claims — a scattered approach — filed by CDFN and DTFN (together the “Dakota”) is like a handful of jelly thrown against the wall with the hope that something will stick. The approach is quite incoherent and without apparent logic, and callously ignores the rights and interests of those who currently live on, and have historically used, the land. Some would suggest this is an abuse of the court’s and other parties’ resources.

The land at issue in the latest April 2025 claim is Turtle Mountain. CDFN states the Dakota has Aboriginal title to this portion of Manitoba. On the contrary, the Dakota have no claim to lands north of the present Canada-U.S. border in today’s Manitoba, including the Turtle Mountain area.

The other recent claims by the Dakota are for southern Manitoba, including Portage la Prairie (Southport) and The Forks in present-day Winnipeg. These three areas at various times were occupied and controlled by the Cree, Assiniboine, Chippewa (aka Anishinaabe, Ojibway, Saulteaux) and the Red River Métis.

One of the many requirements for proving Aboriginal title is the exclusive occupation of the land at the time of Crown sovereignty and the continuous use of the land since that time. These are hurdles the Dakota must meet to succeed in any of their nine claims. Clearly, there was no Dakota continuity or exclusivity in what is present-day southern Manitoba. Indeed, there are numerous historical maps, reports, journals, treaties and agreements that indicate that these areas were not and are not Dakota territory.

There is abundant evidence that these areas in southern Manitoba did not have any actual occupancy by the Dakota. The northern boundary of the Dakota’s territory was generally acknowledged as south of a line approximately mid-way across present-day North Dakota. The Dakota began coming north of the Canada-U.S. border after certain events in the U.S. occurring in 1862. Dakota history and the Dakota’s prior claims made to Canadian bodies acknowledge this simple historical fact.

The Dakota now claim in one or more of their nine lawsuits that archeology may show their ancestors were in southern Manitoba much earlier — possibly thousands of years ago.

There is, however, no credible archeological evidence that makes the connection between pre-contact times and today’s assertion that their claimed territory includes the Turtle Mountain area, Portage la Prairie, The Forks or other lands within southern Manitoba.

It appears the Dakota is seizing the history and identities of others in an attempt to show a connection to southern Manitoba. The Dakota say, for example, that they are signatories to the 1817 Selkirk Treaty, despite the Treaty itself stating it is between the Cree and the Chippewa. No Dakota are found in the text. In addition, CDFN’s new attempt to claim the Turtle Mountain area ignores the rights and interests of the Turtle Mountain Band of Chippewa Indians and others, including the Red River Métis.

The Dakota claims will not go unchallenged. The Manitoba Métis Federation (MMF), the National Government of the Red River Métis, is certainly taking the steps that it can. And, given the costs to the ongoing filings of Dakota cases we, the Red River Métis, will take steps to ensure recovery of our legal and other costs.

In light of the unsubstantiated Dakota claims to the Turtle Mountain area and other lands within the National Homeland of the Red River Métis, MMF Minister Will Goodon, representative of the Southwest Region, will undertake the necessary measures to protect the rights and interests of the Red River Métis — Canada’s Negotiating Partner in Confederation and Founder of Manitoba.

ALLAN D. BENOIT

Chief of staff

Manitoba Métis Federation — National Government of the Red River Métis