The appellant mother appealed a trial decision finding her three children in need of protection and placing them in extended Society care.
The trial judge also reduced the mother's access from weekly to bi-monthly.
The Divisional Court dismissed the appeal regarding the protection finding and disposition, finding no palpable and overriding error in the trial judge's assessment of the risks and the mother's plan.
However, the Court allowed the appeal regarding access, finding the trial judge erred in law by failing to give full effect to section 17 of the federal Act Respecting First Nations, Inuit and Metis Children, Youth and Families, which requires promoting ties to family for Indigenous children.
The access issue was remitted to the trial judge for reconsideration.
