The appellants appealed a decision ordering Crown wardship with access to the maternal grandmother for two Aboriginal children.
The children had been apprehended and placed with a non-Aboriginal foster family for several years.
The appellants argued the trial judge failed to give sufficient weight to the children's First Nations status.
The Court of Appeal dismissed the appeal, finding that while Aboriginal heritage is an important consideration under the Child and Family Services Act, it does not override the paramount consideration of the children's best interests.
The court upheld the finding that removing the children from their established foster family would be damaging, and that their cultural connection could be maintained through access visits.
