A First Nation in northern Manitoba has lifted a five-year banishment order against a community member following a legal challenge. Terry Francois, 54, admitted to two counts of resisting a peace officer in May. The incident occurred when Francois drove away from a checkstop near his home community of Nisichawayasihk Cree Nation on Dec. 30, 2024. Video evidence showed Francois’s vehicle hitting a First Nations safety officer, causing a fractured finger, while narrowly missing another officer. Subsequently, Francois had to relocate to Thompson, 65 kilometers east of Nisichawayasihk, due to pending criminal charges. He was later fined $600 for resisting a peace officer, with other charges dropped.
Francois, a long-time resident of Nisichawayasihk who returned a decade ago with his family, received a banishment notice in June, preventing him from entering the community until the end of 2029. However, the banishment order was revoked by the Cree Nation last Tuesday, coinciding with the scheduled submission deadline for an injunction hearing related to Francois’s legal challenge.
According to Marty Moore, Francois’s lawyer, the banishment reversal occurred without the need for further justification from the Cree Nation. While Francois can now return home, his constitutional challenge against Nisichawayasihk’s banishment and checkstop regulations remains ongoing.
Moore highlighted concerns over the banishment and checkstop laws, asserting that they may infringe on treaty and constitutional rights, as well as the principles of fairness for many individuals. Nisichawayasihk’s chief and council stated that the decision to rescind Francois’s banishment order was made thoughtfully and on compassionate grounds.
Francois expressed gratitude for the opportunity to return but criticized the initial banishment, emphasizing the hardships it caused. He plans to visit his community, albeit anticipating challenges at the checkstop. Francois encouraged others facing banishment orders to assert their rights and resist unjust treatment.