In a child protection proceeding, a focused hearing was held to determine whether the federal Act respecting First Nations, Inuit and Métis children, youth and families applied.
The mother testified that she believed her paternal grandmother had status under the Indian Act, though she lacked corroborating documentary evidence.
Despite weaknesses in the mother's evidence and a prior agreed statement of facts stating she was not First Nations, the court found on a balance of probabilities that the child is an Indigenous child and the Federal Act applies, noting the remedial nature of the legislation and the mother's vulnerabilities.
