First Nations say no but gov't continues to persist with offer

First Nations leaders across Saskatchewan and Manitoba are dismayed over the federal government's recent offer to buy out the treaty rights of Dakota Sioux in those provinces.
"Canada stated that Dakotas have no rights in Canada. We have no rights. OK, then why are they offering us $60 million to give up our Aboriginal rights? They're saying one thing, but they're doing another thing," said Frank Brown, chief of the Canupawakpa Dakota First Nation, located 30 kilometers south of Virden, Manitoba.
Last fall, the federal government offered to pay the Dakota Sioux just over $60 million if they renounced their claim to Aboriginal treaty rights in Canada, the Winnipeg Free Press reported in late June. The Dakota Sioux, made up of nine First Nations in Manitoba and Saskatchewan, rejected the offer in June.
A long and complicated history is the backdrop to this situation, but it basically boils down to the government saying the Dakota are technically immigrants from the United States. Therefore, while they are status Indians, they have no treaties and are only entitled to half the reserve land treaty nations get, Brown explained.
"They say I have no rights in Canada. Yes. But I'm not in Canada, but on my own territory. I'm still standing in my own territory," he said.
The catalyst for the recent talks came when encroaching industry made the need to establish clear rules more pressing. Companies were planning to put pipelines through an area the Dakota regarded as their traditional territory, so some of the First Nations entered discussions with the government.
Reading the material related to the government's offer reminded University of Manitoba law professor Wendy Whitecloud of the 1969 White Paper, which proposed the abolition of the Indian Act, the rejection of land claims, and the assimilation of First Nations people.
"This will settle everything for ever and a day, but you have to give up everything and that's the same thing that they're saying to the Dakota," she said.
"I think it's crazy. And it's like, why would you do that? Why would you give up everything for $60 million? And what's the future going to be for the children?"
The federal government doesn't appear prepared to budge on the issue at all.
"Canada has put a concrete proposal on the table to resolve the long-standing and complex issues once and for all, we presented a resolution package to deal with the several grievances based on our policies," said Indian and Northern Affairs Canada spokesperson Margot Geduld.
"There was extensive historical research undertaken, and we believe that our resolution package is a fair and reasonable solution to address the Dakota-Lakota claim outside of the courts," she added, noting the government is still officially awaiting responses from some First Nations involved.
Geduld couldn't confirm or deny any other details of the government's offer.
Whitecloud said the Dakota might be out of options, unless they can come up with the millions needed to wage a court battle.
"The Dakota haven't pushed anyone's buttons too severely," Whitecloud said. "They're saying we didn't even know that border was there until you guys came along and set up your country. This has been an area of land we traveled over and lived within from time immemorial, all the federal government is relying on is recent history in terms of contact and beyond."
The federal government's offer to the Dakota Sioux "amounted to a termination agreement," writer Doug Cuthand said in a Saskatoon StarPhoenix column at the beginning of July.
"The Dakota chiefs didn't consider a settlement but rather a surrender," he wrote. "Canada's shabby treatment of the Dakota First Nations stands out as a piece of unfinished treaty business. The circle will not be complete until all the First Nations are brought under the treaty tent."
The Dakota have no plans to back down. In fact, Brown said he wants to unite with other nations fighting for treaties across the country.
"I think all the non-treaty nations have to unite and work this out, because Canada is not just refusing and neglecting and discriminating against Dakotas, there's other nations without treaties going through the same process," he said.
"I'm willing to sit down with them and sign treaties. We're not treaty people, but we have the right to sign treaties to work together," he added.