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Terry Wayne Francois, supported by the Justice Centre for Constitutional Freedoms (JCCF), has initiated a constitutional challenge in Federal Court. This legal action targets the banishment and checkpoint laws enacted by the Nisichawayasihk Cree Nation (NCN). 

As part of the challenge, Francois is also seeking an injunction to allow him to return home while the case is ongoing.

Francois, a member of the (NCN) in Nelson House, Manitoba, believes the band’s decision to arbitrarily exile him from his community and five children, without warning, was unconstitutional.

In December 2024, Francois, a frequent traveler through the Nations checkstop, refused a search dog in his vehicle during a food delivery. After driving home, NCN officers accused him of assault with a weapon and other charges for leaving the checkstop.

On New Year’s Eve, the RCMP arrested the NCN member, and removed him from his home.

In May 2025, Francois pleaded guilty to two counts of resisting a peace officer, paid $600 in fines, and was subsequently banished from NCN territory until at least December 30, 2029, without further hearing.

“I was totally shocked. I felt crushed,” Francois said. “I’ve worked all my life and raised five girls on my own. I didn’t think this could happen.”

JCCF lawyer Marty Moore who is representing him says the decision is unconstitutional and unjust. “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,” Moore stated in the organization’s press release.

Francois and Moore joined Rebel News to discuss his case, bringing forth significant concerns regarding transparency, accountability, and due process within First Nations governance.