The appellant father appealed a trial decision awarding primary care and residence of the child to the respondent mother.
The father argued the trial judge erred in law by failing to give appropriate weight to the child's Indigenous cultural, linguistic, and spiritual upbringing and heritage.
The Divisional Court dismissed the appeal, finding that the trial judge correctly identified the legal principles and thoroughly examined the evidence.
The trial judge reasonably concluded that both parents were committed to and capable of fostering the child's Indigenous heritage, making it a non-decisive issue in this case.
No order as to costs was made.