Dilico Anishinabek Family Care appealed an order dismissing its motion to strike a custody application brought by the foster parents of an Indigenous child.
The child had been placed with the foster parents under an alternative care agreement, while a customary care agreement was in place with the child's First Nation.
The Superior Court of Justice allowed the appeal, finding that the motion judge erred in concluding that out-of-court customary care agreements fall outside the CYFSA.
The court held that the applicants were foster parents and thus prohibited from bringing a custody application under the CLRA, and that deference was owed to the placement decision of the agency acting under the authority of the First Nation.
