The applicant Ogwadeni:deo sought to withdraw an amended child protection application and replace it with a formal customary care agreement, despite the biological parents not having signed the agreement.
The Six Nations Band argued that its governing resolution, enabled by the new federal legislation (Bill C-92), authorized the Band to sign the customary care agreement on behalf of the parents.
The court denied the motion to withdraw the protection application, finding insufficient evidence regarding the child's welfare and best interests, and noting the lack of court oversight since the initial temporary order in 2018.
