Stop leads to arrest and removal from home
For more than a decade, Terry Wayne Francois lived in Nelson House, Manitoba, on the reserve of the Nisichawayasihk Cree Nation (NCN), where he raised his five daughters.
In December 2024, an encounter at NCN’s permanent roadside checkstop set off a series of events that removed him from his home, separated him from his family, and ultimately led to a constitutional challenge of NCN’s checkstop and banishment laws.
Mr. Francois had passed through the checkstop many times without incident. In December 2024, while bringing food home for his family, he encountered a dog at the checkstop. He declined to allow the dog to enter his vehicle and drove home.
NCN officers accused him of assault with a weapon and other offences arising from his decision to leave the checkstop. On December 31, 2024, RCMP arrested Mr. Francois and removed him from his home pending trial.
Five-year banishment imposed without a hearing
In May 2025, Mr. Francois resolved the criminal charges by pleading guilty to two counts of resisting a peace officer and agreeing to pay $600 in fines.
Despite the resolution of the criminal proceedings, Mr. Francois learned that he had been banished from all NCN lands until at least December 30, 2029. He received no prior notice or hearing before the banishment was imposed.
Under the banishment order, only after December 30, 2029, could Mr. Francois request a hearing to be considered for readmission to the community where he had lived for more than a decade.
The order separated Mr. Francois from his home, family, and community.
“I was totally shocked. I felt crushed,” said Mr. Francois. “I’ve worked all my life and raised five girls on my own. I didn’t think this could happen.”
Constitutional challenge seeks return home and protection of basic rights
In July 2025, lawyers funded by the Justice Centre commenced a legal challenge in Federal Court on behalf of Mr. Francois. The challenge targeted NCN’s checkstop law, banishment law, and the banishment order imposed on Mr. Francois.
Lawyers funded by the Justice Centre argued that imposing a years-long banishment without notice or an opportunity to be heard violated basic principles of justice and several protections under the Canadian Charter of Rights and Freedoms.
The challenge argued that Mr. Francois’ rights to liberty and security of the person under section 7 of the Charter, freedom from unreasonable search and seizure under section 8, protection from arbitrary detention under section 9, and freedom from cruel and unusual punishment under section 12 had been violated.
The application also sought an injunction that would allow Mr. Francois to return home while the constitutional issues were before the Court.
“Banishing people from their homes and communities for years is a grievous punishment. Imposing this punishment without any notice or an opportunity to be heard is an egregious violation of basic principles of justice,” stated constitutional lawyer Marty Moore.
NCN rescinds five-year banishment
In October 2025, NCN rescinded Mr. Francois’ five-year banishment on the same day that it was due to respond to the court motion seeking his return home.
The decision allowed Mr. Francois to return to Nelson House and reunite with his family without waiting until 2029 to seek readmission.
“I am happy that my banishment is rescinded and so are my girls. I look forward to going home, visiting cousins, and seeing my grandbaby.”
Constitutional lawyer Marty Moore said the Nation “has now done the right thing by rescinding his banishment,” adding that Mr. Francois could finally reunite with his family while legal concerns about NCN’s Banishment and Checkstop Laws continued before the Federal Court.
Although Mr. Francois could return home, NCN continued to maintain laws authorizing a permanent checkstop and the banishment of people from the community without prior notice or a hearing.
Legal challenge continues against NCN laws
In 2026, lawyers funded by the Justice Centre continued the legal challenge in the Court of King’s Bench of Manitoba on behalf of Mr. Francois, challenging the constitutionality of NCN’s checkstop and banishment laws.
The challenge sought to strike down the laws as violations of the Charter and sought damages for the harm suffered by Mr. Francois.
Lawyers argued that the laws violated several constitutional protections, including freedom of movement under section 6 of the Charter, the right to life, liberty, and security of the person under section 7, freedom from unreasonable search and seizure under section 8, and protection against arbitrary detention under section 9.
Constitutional lawyer Marty Moore said, “While Mr. Francois succeeded in having his removal rescinded, NCN continues to maintain laws allowing people to be banished from their homes, families, and community without even a hearing. Further, NCN maintains a checkstop that violates NCN members basic rights as Canadians.”
Mr. Francois said, “We have rights as Canadian citizens, and these NCN laws are violating those rights. I am being a voice for the ones who haven’t been able to speak up for themselves.”
The case raised broader questions about whether Indigenous governments exercising governmental authority must respect the constitutional rights of people living within their communities, including rights to due process, freedom of movement, and protection against unreasonable searches and arbitrary detention.