A child protection matter under Part III of the Child and Family Services Act concerning the custody placement of a 12-year-old Aboriginal child.
The Children's Aid Society sought a section 57.1 custody order placing the child with her maternal aunt and uncle in a different community to facilitate proximity to her mother and cultural connection.
The father and paternal grandmother opposed this, seeking to maintain the child's existing placement with the grandmother.
The court found that while cultural preservation is important, the child's clearly expressed wishes, continuity of care, and existing secure family relationships outweighed the cultural considerations.
The court ordered the child remain in the custody of the paternal grandmother with structured access to the mother and extended family.
