Margaret A. Vincente

The applicant Society, joined by the mother and Inuit representative, sought to vary an interim order to place children with the mother and permit their relocation to Northern Quebec.

The father opposed, requesting custody and maintenance of the non-removal order.

The court found a material change in circumstances due to the parents' separation and the father's criminal charges.

Applying principles from the Child, Youth and Family Services Act and the federal Act respecting First Nations, Inuit and Métis Children, Youth and Families, with a strong emphasis on cultural continuity for Indigenous children, the court granted the Society's motion, allowing the mother to relocate with the children to their Inuit community, despite the impact on the father's access.

A motion under section 64(8) of the Child and Family Services Act concerning interim care and custody of a three-year-old child.

The child was placed in the father's care subject to supervision following a prior finding of need for protection.

The child subsequently sustained significant injuries including facial bruising, black eyes, welts on the back and buttocks, and a broken elbow while in the father's care.

The Society sought to remove the child from the father's care and place the child in temporary care and custody of the Society pending final determination of a status review application.

The father disputed the cause of the injuries and argued that police investigation had not resulted in charges.

The court found a material change in circumstances and determined that the child's best interests required removal from the father's care, while maintaining supervised access.