This motion concerned the temporary care and custody of an Indigenous child, J.M. Tikinagan Child and Family Services (TCFS) sought to place the child with J.L., with access to the mother, R.M. Former caregivers S.C. and J.V. brought a cross-motion for the child's placement with them.
The court applied the Child, Youth and Family Services Act, 2017 (CYFSA) and the An Act Respecting First Nations, Inuit and Metis Children, Youth and Families (Federal Act), emphasizing the best interests of the child and the priority of placement for Indigenous children.
The court found TCFS discharged its onus, citing concerns about S.C. and J.V.'s care, their interference with access, and their lack of support for reunification and cultural continuity.
The court dismissed S.C. and J.V.'s motion and ordered the child's temporary care and custody with J.L., with supervised access to the mother, supporting reunification efforts.
