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Manitoba First Nation launches lawsuit to reopen century-old land treaty

Last Updated: Tuesday, July 17, 2007 | 4:58 PM CT

A Manitoba First Nation has launched a lawsuit against the federal government which, if it's successful, could set a precedent with far-reaching implications.

The Black River First Nation, a tiny reserve on the east side of Lake Winnipeg, about 125 kilometres north of Winnipeg, wants to reopen the treaty it signed with the government, so it can negotiate for more land.

Its deal, signed more than a century ago, provided the band with one quarter section of land, or 64 hectares, for every family of five. It's the same deal other Treaty Five bands received.

But many Manitoba First Nations received a better deal — as much as four times more.

"It's not right the amount of land we were given and they expect us to live there basically forever," Chief Sheldon Kent said.

"All we're saying is, during the time of signing the treaty … they should have treated us fairly."

Officials with the Indian Affairs Department said they cannot comment on cases in litigation.

But the band's lawyer, Ron Maurice, said if Black River is successful in reopening the treaty, the implications could be enormous.

Thirty native bands in Manitoba signed Treaty Five agreements.

Maurice said the government of the day got their signatures by isolating the bands and dealing with them one at a time, rather than as a group.

"Even by the standards of the day it's difficult to justify the terms that were offered to these communities," he said.

Kent said the land shortage has created huge problems for the community.

"If we don't do anything we'll just be like ants in one big pile, so we need to improve it because along with that comes all kinds of issues," he said.

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