The Children's Aid Society brought a child protection application regarding two Indigenous children with severe asthma, whose health was compromised by the mother's substance abuse and exposure to cigarette smoke.
The Society initially sought a supervision order but later requested to withdraw the application in favour of a customary care agreement placing the children with the maternal grandfather.
The court found the agreement's provision for unsupervised access by the mother did not meet the children's best interests.
The court ordered the children placed with the customary care providers under an interim supervision order, with supervised access for the mother subject to conditions regarding substance use and smoke exposure.
