First Nation lifts member’s five-year banishment, but he’s taking band council to court

A Manitoba father of five who was banished from his northern First Nation for resisting a police officer is being allowed to return home four years and seven months early.

Nisichawayasihk Cree Nation’s chief and council recently gave Terry Wayne Francois permission to go home. Although the punishment was imposed in May, he was not allowed on the First Nation after being charged with several offences last December.

Francois, 54, challenged the First Nation’s disciplinary measure and checkstop laws in federal court.

“That’s 10 months I will never get back,” he said Friday. “I missed my grandbaby’s birthday because of it.”

NCN Chief Angela Levasseur did not return a phone message and email from the Free Press Friday requesting comment.

But in a statement issued to community members on social media Friday, the chief and band council said Francois’ five-year banishment was lifted this week “after careful consideration and on compassionate grounds.”

The decision, the statement noted, “does not mean that all banishments have been overturned or invalidated.”

“The safety, security and well-being of our community remain our top priorities. NCN continues to uphold its laws and processes in a fair, transparent and culturally grounded manner, while also respecting principles of due process, accountability and community healing.”

Francois’ lawyer, Marty Moore of Toronto-based Charter Advocates Canada, said he believes the decision to lift the ban “does mean it is raising a bit of a stir in the community.”

“We are actively urging NCN to change their law,” Moore said. “It is unconstitutional and illegal…. To be treated by his community like this, with no justification, causes concern.

“People can be banished for five years and it is a minimum of five years without a hearing. That is unconscionable and cruel.”

Francois, who works full time as a miner in Snow Lake, about 325 kilometres southwest of NCN, was heading to the First Nation on Dec. 30 and was stopped at the checkpoint located at the reserve’s entrance.

He agreed to have his vehicle searched, but when checkstop attendants led a dog to search his vehicle, he objected.

“I said, ‘That’s not a certified canine. I’m not letting the dog in the vehicle.’”

Francois said he drove off, running over a pylon before going into the First Nation.

He initially objected and resisted when RCMP arrived to arrest him the following day, but eventually agreed to go with them. He was released on bail but was told he couldn’t stay in the community while his charges were pending. He spent months paying for accommodations in Thompson, about 90 kilometres east of the First Nation.

He pleaded guilty to two counts of resisting a police officer on May 21. The other charges he was facing were dropped.

The NCN band council informed him the next day he was banished for five years.

Francois said while his situation has seemingly been resolved, he plans to go forward with the court case to determine the legality of the reserve’s banishment law.

“There have been over 50 banishments there,” he said. “Stupid ones. They should never have the authority to banish their own people from the reserve.”

In documents filed in court, Francois said the law has led to fatal consequences, pointing to cases in which people tried to bypass the checkstop to get home by going through the bush and died of exposure when they got lost.

“If they thought the banishment case was just going to go away, they are wrong,” he said. “I’m going to stand up against this. I’m making noise. I’m not scared of them.”

kevin.rollason@freepress.mb.ca