The Sarnia-Lambton Children's Aid Society brought a motion to add Aamjiwnaang First Nation (AFN) as a party to a child protection Status Review Application concerning a child whose father is a status member of AFN.
AFN opposed being added, arguing that its participation is an entitlement, not an imposition, and that it has limited resources and the child is not eligible for band membership.
The court granted the motion, finding that under the Child, Youth and Family Services Act (CYFSA) and federal legislation, the representative of a child's band is a mandatory party, and this status serves the child's best interests by preserving the option for future participation and ensuring all entitlements under child protection legislation.
The court emphasized that while party status is mandatory, active participation is not compelled.
