Donna Gabriel, representative for the WFNB Portage group, says the forced removal of members from Waterhen First Nation took place on May 19, 1996. She says that RCMP officers, alongside members of the emergency response team, stormed the reserve enforcing a court injunction that named only three individuals. Despite this, she says more than 150 people, including elders, disabled residents, children, and families, were forcibly removed from their homes.
"We were removed wrongfully. This should have never happened," notes Gabriel.
"They stormed in with guns. Some people were still asleep. They came into our homes and dragged us out. It wasn’t what they claimed—there was no standoff. They were the ones pointing guns at us."
Lack of representation and systemic silence
Gabriel says the removal was not only physical but systemic. She says that at the time, they had no legal representation and no support from the chief and council.
"We were always seen as troublemakers simply for speaking up about the corruption and abuse on the reserve. But we were just trying to improve things, looking for fairness, equality and accountability," notes Gabriel. "We didn’t chase anyone out or overthrow leadership. They made all kinds of accusations to justify what they did."
She says the eviction was the culmination of long-standing jurisdictional neglect. According to Gabriel, Canada and Manitoba each deflected responsibility, saying the group had no legal standing because they were considered to be off-reserve.
Ongoing legal struggles and unanswered questions
Gabriel says the original injunction was never addressed or resolved. She lost her long-standing job, her farm business, and her home. Her children, all under five years old at the time, were displaced along with her.
"We had no opportunity to defend ourselves. My charges were dropped due to lack of evidence, yet I lost everything," she says. "The injunction was supposed to be temporary, but it's still hanging over us."
She questions how her name came to be on the injunction in the first place, since she was cleared in court.
Conflict of interest and judicial ties
Gabriel also expresses concern over judicial conflicts. She says the associate chief justice who signed the original court order had professional ties to the Waterhen chief, and the judge who later presided over the case had been in the same law firm.
"The judge and the chief had previous dealings. The judge who presided was from the same firm that worked for Waterhen Band’s development corporations. We were raising concerns about financial mismanagement and corporate abuse, but instead of addressing it, they removed us."
Failed efforts at reconciliation
Gabriel says their efforts for justice included forming their own governance group. She says they acted in good faith when the Conservative provincial government offered a reasonable rent agreement and began a relocation process.
"We paid reasonable rent, and the process was going well. But when the NDP came into power, they just walked away," continues Gabriel. "We thought having an Aboriginal Affairs Minister like Eric Robinson would help, but during the meeting, he walked out before we even started."
Financial strain and eviction battles
After paying rent and working with the province for some time, Gabriel says they stopped when the agreement was breached.
"We decided not to pay rent again. We couldn’t afford it after spending our own money going to court, all without legal aid. We had to fund legal proceedings ourselves, using money meant for basic needs and our children's education."
Eviction processes resumed. A second eviction attempt began in the early 2000s. Initially, the commission sided with Gabriel's group. But that ruling was later overturned.
"They restarted the hearing with just one commissioner, after we had won with three. We knew what was going to happen. They ignored the previous agreement and sided with Manitoba Housing."
A brief pause, then another eviction
She says that in 2017, eviction orders were set to be enforced again. But this time, Canada stepped in with a different approach.
"They gave us a letter proposing a facilitation process. That should have been the first step from the beginning. Other evacuees get support during disasters. We were forced out too—but at gunpoint."
Facilitation leads to new legal action
Gabriel says they spent about five years in facilitation talks, without prejudice. They asked for a new band and community under the original name, Waterhen, but she says the band council refused to engage.
"We invited them three times to the table. They ignored us. Manitoba ignored us. So it was only between Canada and us. The band changed its name to Skownan without consulting us. We were never part of that process."
After the facilitation ended, the group pursued litigation.
"Our lawyer filed a new claim just last week, challenging the new band creation policy as unconstitutional. Canada knows the band didn’t participate. But the minister has the power to act in unusual cases. And our case is unusual."
Gabriel adds that the directive policy introduced by former Justice Minister and Attorney General Jody Wilson-Raybould, an Indigenous leader from British Columbia, is relevant to their current claim. The directive encouraged resolving Indigenous issues outside the court system whenever possible.
"She brought in a policy that said Indigenous people should not be subjected to the courts and that Canada should do everything possible to resolve matters without litigation. That directive is mentioned in our case."
Still searching for peace
Gabriel says they are not filing the claim against the band but against Canada and Manitoba.
"We just want to live in peace. We told them that. Let them run their band, and we’ll take care of our own. We’re entitled to land under our treaties. That’s what we’re trying to access—160 acres per family, as promised."
She says they are requesting land within about 75 kilometres of their current location, where most members now have jobs and lives.
Allegations of financial misconduct add urgency
Gabriel also points to recent concerns about financial transparency within the band. She says that two years ago, it was revealed through Facebook Live that the chief and council had borrowed $13 million in the name of the band without consulting the community.
"Only about $2 million went into the reserve. The rest is unaccounted for. Now the band has to repay it. There’s an RCMP investigation into it, but it's still ongoing."
Hope for resolution after decades
Gabriel says the litigation is the final path they see to achieving justice.
"We’ve been waiting 30 years. We just want to move on. But we still can’t. The claim is filed. Canada has 20 days to respond, and they’re already asking for more time. We just want what’s right. We have no interest in taking over anyone’s affairs. We only want to live in peace and rebuild our lives."
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See video from August 2017 below: