NELSON HOUSE, MB: The Justice Centre for Constitutional Freedoms announces that a case has been filed in the Federal Court of Canada on behalf of Terry Wayne Francois, a member of the Nisichawayasihk Cree Nation (NCN). Mr. Francois is challenging NCN’s checkstop law, banishment law, and a banishment order that has exiled him from his home, children, and community for five years without notice or appeal.
For the last decade, Mr. Francois has resided in a home on the NCN reserve in Nelson House, Manitoba, where he has raised five girls.
In December 2024, Mr. Francois was stopped at a NCN roadside checkstop. This is a permanent checkpoint where all entering vehicles are subject to search. Mr. Francois had been through this checkstop countless times without incident.
However, on this occasion, there was a dog at the checkstop. Mr. Francois, who was bringing home food for his family, refused to allow the dog to enter his vehicle. He then proceeded to drive away from the checkstop to his home. NCN officers accused Mr. Francois of assault with a weapon and other crimes for driving off from the checkstop. Mr. Francois was later arrested by the RCMP on New Years Eve and removed from his home and his family pending the trial of his charges.
In May 2025, the charges against Mr. Francois were resolved with him pleading guilty to two counts of resisting a peace officer, and agreeing to pay $600 in fines.
He was later informed, without any prior notice or hearing, that he was banished from NCN lands until at least December 30, 2029, at which point he could request a hearing to seek readmission to his home and community.
Mr. Francois has been cut off from his home and daughters who lived with him 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.
Constitutional lawyer Marty Moore stated, “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.”
The legal application seeks an injunction allowing Mr. Francois to return to his home while the case proceeds, as well as declarations that the NCN Banishment Law and roadside checkstop violated Mr. Francois’ constitutional rights under the Canadian Charter of Rights and Freedoms.
Among the violations cited are Mr. Francois’ right to liberty and security of the person (Charter 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 highlights serious concerns about transparency, accountability and due process within First Nations governance.
