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The court dismissed a motion for third-party disclosure of First Nation band representative records in a custody dispute.
The Ontario Court of Justice dismissed a motion seeking disclosure of Batchewana First Nation band representative records related to a child custody dispute involving the maternal great-grandparents and the child's parents and paternal grandparents.
The court found that the First Nation and its band representative are not mandated or trained to assess child protection risks and do not hold investigatory powers akin to child welfare agencies.
The records sought were deemed irrelevant to the family law proceeding, which is distinct from a child protection case.
The court emphasized that the child protection agency, Nogdawindamin Family and Community Services, is the appropriate body tasked with assessing risk and providing relevant records, which were ordered produced by consent.
