The Children's Aid Society of Algoma brought a motion to transfer carriage of a child protection proceeding to Nogdawindamin Family and Community Services, a newly designated native children's aid society.
The child subject to the proceeding (H.S.) was identified as non-status and not an Indian or native child under the Child and Family Services Act.
The court dismissed the motion, finding that Nogdawindamin CAS lacked jurisdiction under its ministerial designation to provide services in this case.
The court held that jurisdictional compliance with the Minister's designation cannot be overridden by efficiency or duplication of services arguments, and that the court has authority to determine whether a society has jurisdiction to be the applicant in a child protection proceeding.
