Question Period Note: Dakota Tipi First Nation and Canupawakpa Nation’s Williston Basin Litigation

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About

Reference number:
CIR-2026-QP-2943
Date received:
Jan 21, 2026
Organization:
Crown-Indigenous Relations and Northern Affairs Canada
Name of Minister:
Alty, Rebecca (Hon.)
Title of Minister:
Minister of Crown-Indigenous Relations

Issue/Question:

N.A.

Suggested Response:

• We are aware of the lawsuit filed on November 20, 2025 by the Dakota Tipi First Nation and Canupawakpa Dakota Nation in the Court of King’s Bench of Manitoba which relates to the Williston Basin.
• A copy of the statement of claim has been shared with the Government of Canada.
• The claim is at a very preliminary stage and is currently under review.

Background:

The Canupawakpa Dakota First Nation and Dakota Tipi First Nation (“Plaintiffs”) filed a statement of claim in the Court of King's Bench on November 20, 2025, seeking a declaration of Aboriginal title and subsurface rights over all non-reserve land within the Williston Basin, located in the southwest portion of the province.
The claim alleges that Canada has contravened the Honour of the Crown and breached their fiduciary duties by granting subsurface rights to private landowners in the Williston basin in Manitoba without the consent or consultation with the Plaintiffs. In their claim, the Plaintiffs indicate that they are not seeking to transfer or otherwise defeat any property rights, including subsurface rights, held by private parties within the Williston Basin.
The litigation is at a very preliminary stage and is still under review.

Additional Information:

If pressed on concerns of private landholders
• In all Aboriginal title litigation, the Government of Canada is committed to maintaining legal clarity and stability in land ownership while respecting Aboriginal rights and title, and the Court process.
• As this claim is at a very preliminary stage it is not yet clear how private landholder interests may be engaged; however, in their claim, the Plaintiffs indicate that they are not seeking to transfer or otherwise defeat any property rights, including subsurface rights, held by private parties within the Williston Basin. If pressed on Dakota-Lakota Apology and Reconciliation
• On July 15, 2024, The Government of Canada formally apologized to the nine Dakota and Lakota First Nations in Canada for past harms and formally affirmed their status as “Aboriginal peoples of Canada”.