Routine stop turns into life-altering incident
For over a decade, Terry Wayne Francois lived in Nelson House, Manitoba, on the reserve of the Nisichawayasihk Cree Nation (NCN), raising his five daughters.
But in December 2024, an encounter at NCN’s permanent roadside checkstop set off a series of events that would exile him from his home, his children, and his community for five years.
Mr. Francois had passed through this checkstop countless times without incident. On this particular day, however, there was a dog at the checkstop. While bringing home food for his family, Mr. Francois refused to allow the dog to enter his vehicle and drove away from the checkstop to his home. NCN officers accused him of assault with a weapon and other crimes for his decision to leave. On New Year’s Eve, RCMP arrested Mr. Francois, removing him from his home pending trial.
Charges resolved, but banishment follows
In May 2025, Mr. Francois resolved the charges against him by pleading guilty to two counts of resisting a peace officer and agreeing to pay $600 in fines. Despite this resolution, he was later informed—without any prior notice or hearing—that he was banished from all NCN lands until at least December 30, 2029.
Only after that date could he request a hearing to be considered for readmission to his home and community.
Mr. Francois has since been cut off from his family and his home in Nelson House.
“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,” he added.
Legal challenge filed in Federal Court
Lawyers provided by the Justice Centre have filed a case in the Federal Court of Canada on behalf of Mr. Francois, challenging NCN’s checkstop law, banishment law, and the banishment order itself. The legal application seeks an injunction to allow Mr. Francois to return home while the case proceeds.
“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.
The application argues that Mr. Francois’ constitutional rights under the Canadian Charter of Rights and Freedoms were violated, including his right to liberty and security of the person (section 7), freedom from cruel and unusual punishment (section 12), freedom from unreasonable search and seizure (section 8), and protection from arbitrary detention (section 9).
This case raises broader questions about transparency, accountability, and due process within First Nations governance.
NCN rescinds banishment
The Nisichawayasihk Cree Nation (NCN) has rescinded its five-year banishment of Terry Wayne Francois, an Indigenous father of five from Nelson House, Manitoba. The reversal came on the same day NCN was due to file a response to a court motion seeking to allow Mr. Francois to return home.
Mr. Francois had been banished from NCN lands in December 2024 after declining a vehicle search at a roadside checkstop, despite having received no notice or hearing.
Constitutional lawyer Marty Moore said the Nation “has now done the right thing by rescinding his banishment,” adding that Mr. Francois can finally reunite with his family while legal concerns about NCN’s Banishment and Checkstop Laws continue before the Federal Court.
Mr. Francois was relieved to hear the news, saying, “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.”
The parties are expected to advise the Court on October 28, 2025, of a proposed timetable to address the outstanding issues.
