The Children's Aid Society of Ottawa brought a summary judgment motion seeking a final order for extended society care for the child, C.R.P., who is an Inuk child and has been in care beyond statutory timelines.
The mother opposed the motion, arguing there was a triable issue regarding the child's best interests, particularly given her improving mental health and active search for housing.
The court dismissed the Society's motion, emphasizing the "highly cautionary" approach to summary judgment in child protection cases, especially those involving Indigenous children, and the need to consider "super weighted" best interests factors under the Child, Youth and Family Services Act, 2017 and the Federal Act respecting First Nations, Inuit and Metis children, youth and families.
The court found genuine issues requiring a trial, particularly concerning the interplay of statutory timelines and Indigenous child welfare principles.