The appellant appealed a motion judge's decision staying her application for sole custody of an Indigenous child under the Children's Law Reform Act.
The child was placed with the appellant pursuant to a Customary Care Agreement under the Child, Youth and Family Services Act.
The motion judge stayed the custody application under section 103 of the CYFSA, finding that the customary care agreement ousted the custody application.
The Superior Court dismissed the appeal, holding that while section 103 may not strictly apply to customary care agreements, the legislative intent of the CYFSA prioritizes customary care for Indigenous children, and the court's inherent jurisdiction under section 106 of the Courts of Justice Act properly supported the stay.
