Dr. Suzanne Stewart

The respondent father brought a motion to change child support provisions, seeking to stay ongoing child support and section 7 expenses and to recalculate arrears based on his claimed inability to pay.

The father argued that Gladue principles should apply to the motion to change, citing his experiences as an Indigenous man and the impact of systemic inequalities on his ability to pay.

The court rejected the application of Gladue principles to child support motions but acknowledged the relevance of considering systemic factors affecting Indigenous persons.

The court found the father had not discharged his onus to establish a material change in circumstances warranting a reduction in the imputed income of $30,000 per annum.

However, the court granted relief regarding section 7 expenses due to lack of disclosure and adjusted arrears accordingly.

A child protection trial involving three Indigenous children apprehended by a children’s aid society following earlier permanent guardianship orders involving seven siblings in another province.

The court examined allegations of parental instability, lack of financial and medical supports, transient living conditions, and the significant influence of the father over the mothers.

Expert psychological evidence raised concerns about the father’s paranoia and control over the family dynamic, and whether the mothers could protect the children from associated risks.

Although the mothers demonstrated appropriate parenting during supervised access, the court concluded the ongoing risks of physical and emotional harm remained significant.

Applying the Child and Family Services Act best‑interests framework and considering Indigenous cultural placement factors, the court ordered Crown wardship without access for the purpose of adoption.