Two Dakota First Nations based in southern Manitoba have initiated a significant lawsuit against Manitoba Hydro, the provincial government, and the federal government. They allege that these entities have profited billions from hydro operations on their ancestral lands, which were never ceded to the Crown.
Lawsuit Details: Allegations Against Manitoba Hydro and Governments
The lawsuit was filed in the Manitoba Court of King’s Bench last week by Canupawakpa Dakota Nation and Dakota Tipi First Nation. They assert that they are descendants of the Oceti S’Akowin Nation, also known as the Sioux, who originally inhabited extensive territories in southern Manitoba, parts of Saskatchewan, and Ontario.
According to Section 35 of the Canadian Constitution, the Dakota Nations claim they retain rights and title to these lands. They accuse Manitoba Hydro, along with provincial and federal governments, of violating constitutional obligations and fiduciary duties. The lawsuit asserts that these entities have unjustly enriched themselves at the Dakota Nations’ expense.
Profits from Power Exports
The lawsuit highlights that Manitoba Hydro reported $3.9 billion in profits from power exports between 2010 and 2019. This revenue was generated without consulting the Dakota Nations, according to the legal claim.
Environmental and Economic Impact
Manitoba Hydro’s operations have allegedly harmed the environment and the Dakota Nations. The First Nations argue that the way the land is utilized has hindered their ability to economically, socially, and spiritually benefit from it. Hydro’s activities, including electricity and gas transmission, have deprived the Dakota Nations of their land’s resources.
Claims for Compensation
- The Dakota Nations seek compensation from Manitoba Hydro in the form of:
- Royalties or transit fees for past and future use of their land
- General damages for future losses and infringement of Aboriginal rights
- Legal title to the lands they claim
- Aggravated and punitive damages
This legal action is part of a broader trend. Dakota Tipi First Nation has filed several lawsuits regarding ancestral lands in southern Manitoba, including notable sites like The Forks in Winnipeg and the Southport Aerospace Centre.
Historical Exclusion and Recognition
The statement of claim indicates that Dakota people were systematically excluded from the treaty-making process. Consequently, they were relegated to reserves that are smaller compared to those of other First Nations involved in treaty agreements. In 2024, the federal government acknowledged historical mistreatment of the Dakota and Lakota peoples, yet the lawsuit claims there has been little substantial progress in recognizing their rights and history.
No allegations have been proven in court at this time, and statements of defense have not been filed. Both Manitoba Hydro and the provincial government have refrained from commenting on the ongoing legal proceedings. A spokesperson for the Crown-Indigenous Relations and Northern Affairs Canada acknowledged awareness of the lawsuit but declined to comment due to its pending status.
