The appellant biological mother appealed a temporary order granting the respondent customary caregiver specified parenting time with the child.
The appellant also sought to stay the caregiver's application under the Children's Law Reform Act, arguing the Ontario Court of Justice lacked jurisdiction over matters engaging the federal Act respecting First Nations, Inuit and Métis children, youth and families.
Applying recent appellate jurisprudence, the Superior Court held that the Ontario Court of Justice retains jurisdiction to hear such proceedings and oversee customary care disputes.
The appeal to stay the application was dismissed, and the temporary parenting time order, as previously varied, was continued.
