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The court granted temporary care and custody of two Indigenous children to the society for placement in Alberta.
This decision concerns the temporary care and custody of two Indigenous children, R.W. and K.D., under the Child, Youth and Family Services Act, 2017 and the federal Act respecting First Nations, Inuit and Métis children, youth and families.
The court considered competing plans for the children’s placement: the applicant society (DBCFS) and the Western Cree Tribal Council (on behalf of Horse Lake First Nation) sought placement in a group home in Alberta to facilitate cultural and family reunification, while the respondent, L.S., sought their return to her care or, alternatively, continued care in Ontario.
The court found that L.S. had exposed the children to harm and failed to maintain their cultural connections as required.
Applying both provincial and federal legislation, the court ordered the children be placed in the temporary care and custody of DBCFS, with placement in Alberta, and set out terms for supervised access by L.S.
Application dismissed as the issues raised were not separate from ongoing child protection court proceedings.
The applicant, a maternal grandmother and kin caregiver, filed an application with the Child and Family Services Review Board regarding services received from the respondent children's aid society.
The respondent argued the Board lacked jurisdiction because the matters raised were currently before the Superior Court of Justice in an ongoing child protection proceeding.
The Board found that the applicant's concerns, primarily regarding the children's access with extended family, were central issues before the court and not separate and different from the substantive issues in the court proceeding.
Consequently, the Board dismissed the application for lack of jurisdiction.
Summary judgment was granted placing two children in extended society care with no parental access.
The York Region Children’s Aid Society brought a motion for summary judgment seeking to find two children in need of protection and place them in extended society care with no parental access.
The parents opposed, seeking the children's return.
The court reviewed the extensive history of child protection involvement with the parents, including multiple previous summary judgments concerning their other children, and found overwhelming evidence that the parents had failed to address long-standing concerns regarding their parenting capacity, mental health, and cooperation with services.
The motion was granted, finding the children in need of protection and ordering extended society care with no parental access, while allowing sibling access at the Society's discretion.
Summary judgment granted placing children in extended society care with no parental access due to ongoing risks.
The Children and Family Services for York Region brought a motion for summary judgment seeking an order finding two children in need of protection and placing them in extended society care with no access to the parents.
The parents opposed the motion, seeking the return of the children or, alternatively, access.
The court found no genuine issue for trial, noting the parents' history of unaddressed mental health issues, lack of parenting skills, and failure to work with the Society.
The court granted the summary judgment, finding the children in need of protection and ordering extended society care with no access to the parents, but allowing sibling access.
