The Nisichawayasihk Cree Nation (NCN) has rescinded its five-year banishment of Terry Wayne Francois, an indigenous father of five from Nelson House, Manitoba, following a legal challenge from the Justice Centre for Constitutional Freedoms (JCCF).Francois, a miner who has lived in Nelson House for more than a decade, was exiled from his home and reserve lands in December 2024 after a roadside stop with NCN officers escalated when he refused a vehicle search. Although the matter was resolved in court this May with fines for resisting peace officers, NCN imposed a sweeping order banning him from all NCN lands until 2029—without a hearing or notice.The JCCF filed a motion seeking a court order allowing Francois to return home. NCN was due to submit its written response on October 14, but instead chose that day to lift the banishment..Constitutional lawyer Marty Moore, who represents Francois, called the move a welcome reversal. “The Nisichawayasihk Cree Nation banished one of its members from his home and family without any notice or hearing. Facing an October 28 court hearing on Mr. Francois’s motion to return to his family, the Nation has now done the right thing by rescinding his banishment,” he said.Francois expressed relief at the decision. “I am happy that my banishment is rescinded and so are my girls,” he said. “I look forward to going home, visiting cousins, and seeing my grandbaby.”Although the banishment has been lifted, the constitutional challenge to NCN’s Banishment Law and Checkstop Law remains before the Federal Court. Both parties are expected to update the court on October 28 on a timetable for resolving the remaining legal issues.
