A Manitoba man who is fighting a five-year banishment from his First Nation, saying he was exiled without trial or explanation. Now he’s taking his fight to court.
When a letter arrived telling him he had to leave his community immediately and not return for five years one Manitoba man says his world collapsed.
“I didn’t get a trial. I didn’t even get a warning,” he says. “Just boom you’re out.”
The man, a member of Lake Manitoba First Nation, is now challenging the decision in court, calling it an “unfair and incredibly extreme punishment” that’s left him homeless, jobless, and separated from his children. He’s asking the courts to step in and overturn the banishment that was handed down by his band’s leadership in 2023.
No Charges, No Hearing Just Gone
According to court documents, the man was never charged with a crime. No police investigation was ever made public. Yet, he was issued a band council resolution or BCR that ordered him to leave immediately and stay away until 2028.
He says it came without explanation, and without a chance to defend himself.
“I still don’t know what I did,” he says. “One day I’m with my kids. The next, I’m banned from even entering my home.”
His lawyer says the expulsion violates basic human rights, including his right to mobility, security, and fair treatment under the law. “It’s exile,” she said. “This wasn’t a legal process. This was a political one.”
The Community Says It Was for Safety
The leadership of Lake Manitoba First Nation is standing by its decision. In a written statement, the band council said protecting the safety and well-being of the community comes first.
“These decisions are difficult but necessary,” the statement reads. “We do not take banishments lightly. They are a last resort to protect the peace of our Nation.”
But the council hasn’t provided details about the specific reasons for this banishment or whether there is a formal process for appeal.
And that’s what concerns many Indigenous rights experts.
Is A Manitoba Man like Banishment Being Misused?
Dr. Karine Duhamel, a specialist in Indigenous governance, says banishments should only be used in rare, clear-cut cases such as when someone poses a direct threat to safety and due process has been followed.
“Indigenous communities have the right to govern themselves,” she says. “But that doesn’t mean individuals lose all their legal protections. Banishment without hearings or records sets a dangerous precedent.”
According to a 2024 CBC Manitoba report, there have been more than a dozen banishment cases across the province in recent years. Most of them happen quietly, with no official documentation and no clear path to challenge the decision.
“This is happening more often than people think,” Dr. Duhamel adds. “And most of the time, it happens behind closed doors.”
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Life in Limbo
For the man at the center of this case, the consequences have been devastating.
He now lives outside of Winnipeg, staying with relatives when he can and struggling to find steady work. Being away from his children has taken the biggest emotional toll.
“They don’t understand why I can’t come home,” he says. “I didn’t do anything wrong. I just want to hug my kids and live my life.”
He says he’s afraid to go near the community, worried he’ll be arrested or fined for violating the BCR.
“I feel like I’m being punished for something I don’t even know about,” he says. “There’s no justice in that.”
What’s Next?
The man’s legal team has filed for a judicial review, asking the Manitoba court to step in and declare the banishment unlawful.
The hearing is expected later this year and it could set a major precedent for how First Nations across Canada handle community expulsions.
“This is not just about one man,” his lawyer said. “This is about making sure no one else is kicked out of their home without a voice or a fair process.”
Until then, the man remains in exile waiting for a judge to decide if he’ll ever be allowed to go home again.