Dr. Kristen McLeod

The mother brought a motion in a child protection proceeding seeking a temporary order to place the child with former kin caregivers.

The child had been placed with the father, but the father was recently incarcerated and denied bail.

The children's aid society sought to keep the child in the care of the father's partner.

Applying the augmented best interests test for an Indigenous child, the court found that placement with the kin caregivers was more stable and in the child's best interests, despite historical concerns regarding the kin's ability to foster the child's cultural identity, which could be mitigated through supervision and education.

The applicant mother brought a motion for an order under section 30 of the Children's Law Reform Act to appoint a qualified person to assess the needs of the parties' 11-year-old child.

The child had expressed a strong desire not to spend time with the applicant and experienced physical and emotional symptoms of stress regarding access visits.

The Office of the Children's Lawyer and a reunification therapist both provided evidence that the child was capable of forming her own views and that forcing a further assessment would be counterproductive and potentially harmful.

The court dismissed the motion, finding that there was already sufficient expert and clinical evidence available for trial and that a further assessment would not be in the child's best interests.