WINNIPEG, MB: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre have filed a statement of claim in the Court of King’s Bench of Manitoba on behalf of Terry Wayne Francois, challenging the constitutionality of laws enacted by the Nisichawayasihk Cree Nation (NCN) that authorize a permanent checkstop for entry to NCN and the banishment of band members without notice or a hearing.
The claim seeks to strike down NCN’s checkstop and banishment laws as violations of the Charter, and to obtain damages for the harm suffered by Mr. Francois as a result of those laws.
For over a decade, Mr. Francois lived in Nelson House, Manitoba, on the NCN reserve, raising his five daughters. In December 2024, an encounter at NCN’s permanent checkstop led to his arrest and eventual banishment from his home and community.
Despite resolving the charges in May 2025, Mr. Francois was later informed—without notice or a hearing—that he had been banished from NCN lands for a minimum of five years. He was cut off from his home, his children, and his community.
In October 2025, shortly before a court hearing on an injunction application, NCN rescinded Mr. Francois’ banishment. However, the underlying laws permitting such banishment and mandatory checkstop searches remain in place.
The new statement of claim challenges those laws directly, arguing that they violate multiple Charter protections, including freedom of movement, the right to life, liberty and security of the person, freedom from unreasonable search and seizure, and protection against arbitrary detention.
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 Francois succeeded in having his removal rescinded, NCN continues to maintain laws allowing people to be banished from their homes, families, and community without even a hearing.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 raises significant questions about the limits of indigenous governance and the application of the Charter on reserve lands. The claim argues that constitutional protections apply to all Canadians, including those living on reserves, and that government powers must be exercised within those limits.
NCN is expected to file a statement of defence within 20 days of being served with the claim.
The Justice Centre is Canada’s leading civil liberties organization fighting for 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.
