CALGARY, AB: The Justice Centre for Constitutional Freedoms announces that two indigenous bands are considering changes to their banishment bylaws following four legal challenges filed in Federal Court in September 2026. Lawyers funded by the Justice Centre represent the Band Members Alliance and Advocacy Association of Canada (BMAAAC), which is challenging bylaws that allow indigenous governments to banish people from their communities.

For an indigenous person living on reserve, banishment can mean losing their home, being separated from family, and being cut off from the community they have known all their lives. Such punishment can last for years.

The first sign of progress comes from Little Red River Cree Nation in Alberta. Its lawyers have told BMAAAC that the band is reviewing its banishment bylaw and considering changes. Both sides have agreed to put the court case on hold while the review takes place.

On November 9, 2026, both sides submitted a proposed consent order to the Federal Court asking that the case be put on hold indefinitely. The band’s lawyers expect the review to be completed within six months.

In Manitoba, Fisher River Cree Nation and BMAAAC are also working together to see whether they can agree on changes to the band’s banishment bylaw without further court proceedings. Both sides have agreed to postpone court filing deadlines while these talks continue.

The other two legal challenges remain unresolved.

The case involving Roseau River Anishinabe First Nation in Manitoba is scheduled for a Federal Court case management conference on November 16, 2026. Lawyers for the band are expected to argue that BMAAAC does not have the legal right to bring the challenge and that the case should be dismissed.

Little Grand Rapids First Nation, also in Manitoba, was served with court papers in September 2026 but has not responded. Lawyers funded by the Justice Centre plan to contact the band again.

Constitutional lawyer Phil Dunlop, who is funded by the Justice Centre and represents BMAAAC, welcomed the willingness of two bands to review their laws. “We are very pleased that two of the four respondents are actively working toward amending their banishment laws, and we wish to support these efforts in any way that we can,” said Mr. Dunlop.

“Apart from imprisonment, there is no harsher punishment that can be imposed on an indigenous Canadian on reserve than being cut off from one’s home, family and community for years at a time,” he added.

BMAAAC President Rob Louie also welcomed the progress, stressing the importance of protecting families while helping indigenous governments strengthen their laws.

“No one should have to live in fear of being forced from their home, separated from their family, or cut off from the community where they belong,” said Mr. Louie. “We want to work with indigenous governments to modernize their laws so that community safety and individual rights go hand in hand. It is encouraging to see two bands willing to have that conversation.”

The Justice Centre is Canada’s leading civil liberties organization defending Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.