The applicants, foster parents of an Aboriginal Crown ward, sought an urgent judicial review and interim injunction to prevent the children's aid society from removing the child from their care and transferring her to a First Nation in British Columbia.
The society planned to move the child just weeks before she would have been in the applicants' care for two years, at which point they would acquire additional statutory rights.
The court found that the society's haste was motivated by a desire to avoid the applicants gaining these rights, rather than the child's best interests.
The court granted an interim order prohibiting the removal of the child pending the completion of the administrative and judicial reviews.
