Appeal in child protection proceedings where a First Nation community and a family member challenged a Crown wardship disposition.
The appellants argued the trial judge erred by refusing a short adjournment when approximately 1500 pages of disclosure were provided on the first day of trial, preventing meaningful review and the ability to obtain counsel.
They also argued the trial judge failed to give adequate consideration to the children’s Indigenous identity, culture, and heritage in determining their best interests, particularly where the foster placement had relocated the children to the United Kingdom.
The court held that denying the adjournment constituted a denial of natural justice and that insufficient weight had been given to cultural identity considerations.
The original judgment was set aside and a new trial ordered before a different judge.
