Justice D.J. MacKinnon

The applicants, who are Indigenous caregivers, sought custody of a child under the Children's Law Reform Act.

The respondent agency sought to strike the application, arguing that the child was subject to an out-of-court customary care agreement under the Child, Youth and Family Services Act and that the applicants were foster parents prohibited from bringing such an action.

The court held that out-of-court customary care agreements operate outside the statutory framework and lack procedural safeguards, that the applicants are customary caregivers rather than foster parents, and that deference cannot be given to the agency's placement decision due to procedural fairness concerns and the application of principles other than the best interests of the child.

The motion to strike was dismissed and the applicants were granted interim custody.

A motion to change a joint custody order where the respondent sought sole custody and the applicant initially sought sole custody but later withdrew that request, instead challenging whether a material change in circumstances had occurred.

The parties had entered into a Minutes of Settlement providing for joint custody with alternating two-week care periods.

Following deterioration in parental communication and a precipitating event in which the applicant relocated the child to Saskatchewan without the respondent's knowledge, the court found a material change in circumstances.

The court awarded sole custody to the respondent, finding that joint custody was unworkable given the parents' inability to communicate and the applicant's pattern of non-compliance with court orders.

The Children's Aid Society sought findings of risk of physical harm, emotional harm, and emotional harm with treatment not provided under the Child, Youth and Family Services Act regarding two children.

The mother had a history of inappropriate physical discipline, verbal abuse, and failure to engage with professional services.

The father did not participate in the proceedings.

The court found that both children were in need of protection and ordered them into interim Society care for six months with access to the mother at the Society's discretion.