Bylaws allowed banishment, searches, and detention on reserve lands
Four indigenous governments in Alberta and Manitoba enacted bylaws regulating alcohol, illegal drugs, or other intoxicants on reserve lands.
The bylaws provide for fines, sanctions, and banishment of members for at least five years. For affected members, banishment can mean being forced away from their home community, family, and support networks for years.
Lawyers warned four indigenous governments about constitutional concerns
In the summer of 2026, lawyers funded by the Justice Centre sent legal warning letters to four indigenous governments, arguing that provisions in their bylaws exceeded the authority delegated under the Indian Act, denied affected individuals procedural fairness, and violated protections guaranteed by the Canadian Charter of Rights and Freedoms.
Roseau River Anishinabe First Nation, located approximately 80 kilometres south of Winnipeg, received a warning letter concerning By-Law No. 002: A By-Law to Prohibit Illegal Drugs.
Little Red River Cree Nation, located approximately 430 kilometres northwest of Grande Prairie, Alberta, received a warning letter concerning By-Law No. 2020-002: A By-Law to Prohibit the Sale of Illegal Drugs, Bootleg of Alcohol, and Banishment from Reserve Lands. The letter stated, “the By-Law does not provide any prior notice or a chance to be heard prior to Council making an initial banishment or removal decision.”
Little Grand Rapids First Nation, located approximately 270 kilometres northeast of Winnipeg, received a warning letter concerning Bylaw No. 1-2022: Bylaw Relating to Intoxicants. Lawyers acknowledged the community’s authority to regulate intoxicants on reserve lands while arguing that those powers must still be exercised consistently with the Charter and longstanding principles of procedural fairness.
Fisher River Cree Nation, located approximately 180 kilometres north of Winnipeg, received a warning letter concerning By-Law No. 2004-01: A By-Law to Prohibit Illegal Drugs.
None of the four indigenous governments responded to the warning letters.
Federal Court challenges targeted banishment, search, and detention powers
On September 8, 2026, lawyers funded by the Justice Centre filed four Federal Court applications challenging banishment, search, and detention provisions in the bylaws.
The applications were brought with the support of the Band Members Alliance and Advocacy Association of Canada (BMAAAC), a national organization that helps indigenous people seek transparency, accountability, and justice from their indigenous governments.
The applications argue that the challenged provisions exceed the authority delegated under the Indian Act and deny procedural fairness. They also argue that the provisions violate section 6(1) mobility rights, section 7 liberty and security rights, and section 8 protection against unreasonable search and seizure. Further alleged violations include section 9 protection against arbitrary detention, section 11(h) protection against additional punishment after a conviction, and section 12 protection against cruel and unusual punishment.
BMAAAC President Rob Louie said, “Historically, acts akin to treason and extraordinary acts of violence and sex crimes would result in banishment from a First Nation community. Banishment was a last resort. Today, I have seen band councils use banishment and eviction as the first and only option to address interpersonal conflict.”
“The power banishment gives band councils, without any recourse for their members, results in an enormous power imbalance,” he concluded.
Constitutional lawyer Phil Dunlop said, “Band councils have every right to address substance abuse, but they must do so within the law.”
He continued, “They cannot set up roadside checkpoints and search people and vehicles indiscriminately, authorize warrantless searches of homes and offices, or banish their own members without adequate procedural and constitutional safeguards.”
After being served, each respondent had 10 days to file a notice of appearance if it wished to contest the application.
