A First Nation in northern Manitoba has lifted a five-year banishment order against a community member following a legal challenge in federal court.
Terry Francois, aged 54, admitted guilt to two counts of resisting a peace officer in May after an incident in December 2024. He was apprehended by RCMP for fleeing a checkstop near his home community of Nisichawayasihk Cree Nation, as detailed in a federal judicial review application filed in July.
Video evidence showed Francois’s vehicle hitting a First Nations safety officer, causing a fractured finger, while narrowly missing another safety officer, according to Manitoba RCMP reports. Subsequently, Francois was directed to relocate to Thompson, approximately 65 kilometers east of Nisichawayasihk, due to pending criminal charges. He was later fined $600 for resisting a peace officer, with other charges being dropped.
Originally from Nisichawayasihk, Francois returned home in June for an event and received a banishment notice from the First Nation, barring his entry until the end of 2029, according to court documents.
His constitutional lawyer, Marty Moore, revealed that Nisichawayasihk Cree Nation revoked the banishment order on the same day they were to submit arguments for an injunction hearing related to Francois’s court application.
Although Francois’s banishment has been lifted, his legal challenge against Nisichawayasihk’s banishment and checkstop regulations remains ongoing in the Federal Court, as confirmed by Moore.
Moore highlighted that a significant number of individuals, potentially between 50 to 100, have faced banishment from Nisichawayasihk without adequate avenues to contest their orders. He emphasized the need for reforms to the banishment and checkstop laws, alleging violations of treaty and constitutional rights and principles of fairness affecting a considerable portion of the community.
In response to the decision to lift Francois’s banishment, Nisichawayasihk’s chief and council expressed compassion in their deliberations, as indicated in a social media statement.
Francois, while appreciating the opportunity to return, disagreed with the portrayal of the situation. Expressing his intent to visit the community soon, he recounted the challenges faced during his displacement and emphasized the importance of standing up for one’s rights in similar circumstances.
With plans to return to Nisichawayasihk, Francois encouraged others under banishment orders to assert their rights and resist unjust treatment, emphasizing the need to confront adversities and reclaim agency in challenging times.
