In a child protection proceeding involving an Indigenous child, long-term foster parents moved to be added as parties to the disposition phase.
The court held that foster parents do not have party status as of right under s. 13 of An Act respecting First Nations, Inuit and Métis children, youth and families because “care provider” does not include foster parents whose role arises from a state-created placement.
Applying the discretionary framework under r. 7(5) of the Family Law Rules, together with the participation rights contemplated by s. 79(3) of the CYFSA, the court found that full party status was in the child’s best interests.
The foster parents’ lifelong caregiving role, ability to advance a plan of care, and unique evidence about the child’s needs justified their addition without undermining the Federal Act’s emphasis on cultural continuity, Indigenous jurisdiction, and family and community connection.
