First Nations hope Ottawa, province settle land-claim lawsuits before they go to court

The First Nations behind a slew of lawsuits claiming ownership of ancestral land hope the federal and provincial governments will agree to settle the cases before they reach open court.

“A courtroom is a bad place to do business, a boardroom is a better place,” said Winnipeg lawyer Farron Trippier.

“Litigation is not reconciliation, it’s a very hard road to put people through.”

Trippier has now filed 11 lawsuits on behalf of the Dakota Tipi and Canupawakpa First Nations in western Manitoba, including a new case filed last week that targets an oil-rich basin in southwestern Manitoba.

Both First Nations are descendants of the Oceti S’Akowin, whose ancestral territory encompasses the lands, waters and natural resources in a large swath of southern Manitoba, Trippier said Tuesday.

The Dakota Nations are seeking unspecified damages and ownership over the Manitoba portion of the basin, claiming they’ve received no compensation or consultation over oil fields in the region that generated an estimated $1.3 billion last year.

They have filed similar lawsuits claiming lands rights over various Manitoba Hydro operations, Turtle Mountain Provincial Park, the Southport Aerospace Centre and elsewhere. The Province of Manitoba and Attorney General of Canada are named in the litigation.

Collectively, the cases represent a larger battle to recognize the rights and history of the Dakotas, who never signed the numbered treaties that ceded land and established a relationship between the Crown and First Nations from 1871 and 1921, Trippier said.

Dakota Tipi First Nation Chief Dennis Pashe described the lawsuits as an “opportunity to tell our history of our Dakota nation in Manitoba within the courts.”

He said a legal victory would ensure his community is involved in developments that draw profit from their traditional lands.

“We are creating a certainty within Manitoba as it relates to rights and territories for all stakeholders. Our goal has always been to grow the overall economy for our nations and families, and all Manitobans,” he said.

“We are just looking at the same types of agreements as rights-holders in Alberta, B.C. and other mineral rights regions.”

All of the claims are working their way through the court system, and have been referred for case management to help move them along quickly. Trippier hopes they can be resolved within five years, he said.

The defendants have issues statements of defence in some of the cases, and the claims against them have not been proven in court.

tyler.searle@freepress.mb.ca