The appellant mother appealed a trial judgment making her twin children Crown wards without access.
She argued the trial judge erred by failing to consider section 57(5) of the Child and Family Services Act regarding the placement of Aboriginal children, given evidence of the family's self-identified Metis heritage.
The Divisional Court dismissed the appeal, finding that the children did not meet the statutory definition of 'Indian' or 'native person' under the Act, and a constitutional challenge would be required to expand the definition.
The court also upheld the trial judge's finding that placement with the maternal grandmother was not in the children's best interests.
