The children's aid society brought a motion for a temporary supervision order to place a four-year-old Indigenous child in the care of the mother pending trial.
The child had been residing with a non-relative kin caregiver for approximately two years.
The court applied the federal Act respecting First Nations, Inuit and Métis children, youth and families, noting its paramountcy over provincial legislation and its priority of placement for parents.
Finding that the mother had made significant progress in mitigating child protection concerns and that a return to her care was in the child's best interests, the court granted the motion and ordered the child placed with the mother subject to society supervision.