This decision addresses a motion by the Walpole Island First Nation (WIFN) seeking full, unredacted disclosure of child protection files held by Linck Child, Youth, and Family Supports concerning Indigenous children under their care.
The court reviews the applicable legislative framework, including the Child, Youth and Family Services Act, 2017 (CYFSA), the federal Act Respecting First Nations, Inuit and Metis Children, Youth and Families, and the Family Law Rules.
The judge emphasizes the paramount importance of Indigenous children's best interests, cultural continuity, and the duty of consultation with Indigenous communities.
The court rejects the child protection agency's redactions and limitations on disclosure, finding that full disclosure to the First Nation is necessary to enable meaningful participation in care planning and to uphold Indigenous rights and reconciliation principles.
The motion is granted with orders for unredacted disclosure and restrictions on use to protect privacy.
