The Children's Aid Society sought a finding that three First Nations children were in need of protection and an order placing them in the custody of their maternal aunt in Alberta.
The father sought the return of the children to his care or placement with his family under a supervision order.
The court found the children in need of protection due to the father's ongoing housing instability, mental health challenges, and substance use issues.
Applying the augmented best interests test under both provincial and federal legislation, the court concluded that placement with the maternal aunt was the least disruptive alternative that would protect the children and foster their cultural identity.
The court granted custody to the maternal aunt and ordered specified access for the father.
