The Children's Aid Society of the Niagara Region brought a motion to place a First Nations child in foster care, while the mother brought a cross-motion to have the child returned to her under supervision.
The court considered the child's history, recent concerns including unexplained bruises, alcohol/cannabis use, and unauthorized caregivers, alongside the principles of the Child, Youth and Family Services Act, 2017 and An Act respecting First Nations, Inuit and Metis Children.
Giving serious weight to the First Nation's judgment, the court found the child could be adequately protected under the mother's supervision with new conditions, dismissing the Society's motion and granting the mother's.
