Carolyn Gilchrist

The Applicant Society brought a motion for summary judgment seeking a finding that a 15-year-old youth is in need of protection and an order for temporary Society care for six months.

The youth had been in care since an incident resulting in criminal charges and a no-contact order with the respondent mother.

The mother opposed the motion, arguing the youth was not competent to express views and preferences and disagreeing with the Society's medical decisions regarding the youth's psychotropic medications.

The court granted the summary judgment motion, finding no genuine issue for trial regarding the youth's non-Indigenous status, need for protection, and the disposition.

The court ordered a six-month temporary care placement, granted the Society medical decision-making authority, and ordered that access be at the youth's discretion.

The Applicant Society brought a motion for summary judgment seeking an order for extended Society care without access for three children of Métis heritage.

The court found no genuine issue for trial regarding extended care, as the parents had consistently failed to meet the children's basic needs and follow through with services.

However, the court found a genuine issue for trial regarding access, noting the children's connection to their parents and the Society's failure to adequately address how the children's Indigenous cultural connections would be maintained without access.

The court ordered extended care and directed a focused trial on the issue of access.