Four indigenous governments in Alberta and Manitoba are facing Federal Court challenges over bylaws that allegedly allow warrantless searches, arbitrary detention and banishment of members for at least five years.The Justice Centre for Constitutional Freedoms said lawyers it funds have filed four applications targeting bylaws enacted by the Little Red River Cree Nation, Fisher River Cree Nation, and Little Grand Rapids First Nation.The applications are being brought with support from the Band Members Alliance and Advocacy Association of Canada, a national organization that advocates for transparency, accountability and justice within indigenous governments.All four bylaws regulate alcohol, illegal drugs or other intoxicants on reserve lands. According to the Justice Centre, they allow for fines or imprisonment following conviction and also give chief and council authority to impose additional sanctions, including banishment for a minimum of five years.The applications argue such penalties can force members away from their homes, families and support networks for years.The Justice Centre said the challenges allege the bylaws exceed powers delegated under the Indian Act and fail to provide adequate procedural fairness.The applications also allege violations of several sections of the Canadian Charter of Rights and Freedoms, including mobility rights, liberty and security rights, protection against unreasonable search and seizure, protection against arbitrary detention, protection against additional punishment following conviction and protection against cruel and unusual punishment.Three of the four bylaws are largely identical, according to the Justice Centre, raising concerns similar provisions may have been adopted by other indigenous governments across Canada.The court action follows warning letters sent to the four indigenous governments during the summer of 2026 by lawyers funded by the Justice Centre. The organization said none of the bands responded..Band Members Alliance and Advocacy Association of Canada President Rob Louie said banishment was historically reserved for the most serious conduct.“Historically, acts akin to treason and extraordinary acts of violence and sex crimes would result in banishment from a First Nation community,” Louie said. “Banishment was a last resort.”He said he has instead seen band councils use banishment and eviction as an immediate response to interpersonal disputes.“The power banishment gives band councils, without any recourse for their members, results in an enormous power imbalance,” Louie said.Constitutional lawyer Phil Dunlop said indigenous governments have the authority to deal with substance abuse but must comply with Canadian law.“Band councils have every right to address substance abuse, but they must do so within the law,” Dunlop said.“They cannot set up roadside checkpoints and search people and vehicles indiscriminately, authorize warrantless searches of homes and offices, or banish their own members without adequate procedural and constitutional safeguards.”Each respondent has 10 days after being served to file a notice of appearance if it intends to contest the Federal Court application.
