Former customary caregivers were denied party status in a child protection proceeding.
M.R. and D.R., former customary caregivers, brought a motion to be added as parties to a child protection proceeding concerning the child R.S.V.B. Batchewana First Nation brought a cross-motion to dismiss M.R. and D.R.'s motion.
The court dismissed M.R. and D.R.'s motion, finding they did not meet the statutory criteria for party status under the Child, Youth and Family Services Act, 2017, nor did they demonstrate a legal interest or a viable plan in the child's best interests under the Family Law Rules.
The court noted significant concerns about their care and cooperation with the Agency and First Nation.
The Batchewana First Nation's motion to dismiss was granted.
The court prioritized the placement of an Indigenous child with his biological father under federal legislation.
This endorsement addresses the temporary care and custody of a First Nation child, Z.O., who was removed from M.O.'s care and subsequently placed with his biological father, J.K. The court considered the Child, Youth and Family Services Act, 2017 (CYFSA) and the federal An Act respecting First Nations, Inuit and Metis children, youth and families.
The court emphasized the priority of placement with a biological parent under the federal legislation, finding that Z.O.'s best interests were met by remaining with J.K., given no protection concerns and J.K.'s ability to provide cultural connection.
The "without prejudice" term of a previous interim order placing the child with J.K. was removed.
