The federal government is calling on the court to toss out a lawsuit filed by a Manitoba First Nation claiming The Forks is the unceded territory of their nation.
In a statement of defence filed last month, the Attorney General of Canada denied the claims made by the Dakota Tipi First Nation.
The First Nation, located near Portage la Prairie, had filed the lawsuit in August, claiming the Dakota Tipi Nation are the original inhabitants of the land and possess Aboriginal Title to the land.
Read More: Manitoba First Nation files lawsuit claiming The Forks is ‘unceded territory’
Dakota Tipi Nation is seeking damages, the legal title to the land, compensation for the past use of The Forks, and consultation on future development.
However, in the statement of defence, Canada denied the nation’s title to the land, and called on Dakota Tipi Nation to show proof.
In a review of the land’s history, the attorney general said in the late 1600s the land was mainly occupied by the Assiniboine. Though they share lineage with the Dakota, the defence said the Assiniboine are their own distinct identity.
In the 1700s and 1800s, the land was also shaped by the Cree, Ojibway and the Metis.
The attorney general said Dakota Tipi Nation must prove it had exclusive occupation of the land and a continued, substantial connection with it.
“Canada states that Dakota Tipi Nation has not provided evidence to meet the criteria for Aboriginal Title,” the statement of defence reads.
The attorney general denied any infringement of Dakota Tipi Nation’s rights, and asked for the claim to be dismissed.
The City of Winnipeg, the Province of Manitoba, and the North Portage Development Corporation, which oversees The Forks, are all included as defendants. The city and province previously told CTV News they would not comment as the matter is before the courts.
No other statements of defence have been filed, and the allegations have not been tested in court.
-with files from CTV’s Charles Lefebvre
