The appellant, a kin caregiver for a First Nations child, appealed an order dismissing a child protection proceeding and denying her motion to be added as a party.
The motion judge had dismissed the proceeding based on a customary care agreement signed by the biological parents, the child's aunt, the First Nation, and the Children's Aid Society, which excluded the appellant.
The Court of Appeal allowed the appeal, finding that the appellant met the statutory definition of a 'parent' under the Child, Youth and Family Services Act and was entitled to party status.
The Court further held that the proceeding could not be dismissed on consent without the appellant's participation and a proper analysis of the child's best interests.
