Kathy Li

A child protection trial involving three children (AB, AM, and MM) brought by the Halton Children's Aid Society.

The mother (MM) and father of two of the children (DJ) were convicted of sexual crimes against the mother's oldest child (JB).

The court found all three children in need of protection under the Child and Family Services Act based on risk of sexual molestation or exploitation and, for two children, parental unavailability.

AB was placed with her biological father under a supervision order; AM and MM were placed with their maternal aunt and uncle under a supervision order.

The mother was granted minimal access (one weekly phone call and one monthly letter) with no in-person access ordered at the time of judgment.

The court determined whether three children are Indian or native persons under the Child and Family Services Act.

The children's aid society argued the children were neither Indian nor native, while the mother sought a declaration that they were Indian with the Mohawks of the Bay of Quinte as their band.

The court found that the children are entitled to be registered as Indians under the Indian Act through their maternal lineage, tracing entitlement through their great-great-grandfather (R.M.), great-grandmother (E.B.), grandfather (R.W.), and mother (M.M.).

The court identified the Mohawks of the Bay of Quinte – Tyendinaga Mohawk Territory as the children's band.

The court heard two motions brought by respondent parents in a child protection proceeding.

The respondent mother sought a declaration that she and three youngest children are Native and/or eligible for status as Indians under the Child and Family Services Act, and requested that the Mohawks of the Bay of Quinte be served and permitted to participate in proceedings.

The respondent father D.M.'s motion was dismissed as he did not appear.

The court adjourned the mother's motion to May 6, 2016, and made orders regarding service on the Band, participation at hearings, and case management to address delays caused by the parties' conduct and the voluminous materials filed.