The Children's Aid Society brought a motion for directions after discovering it had failed to serve the First Nation before obtaining a Crown wardship order for an Indigenous child.
The court found the original order was a nullity as against the First Nation due to the lack of notice.
Applying Rule 25(19) of the Family Law Rules, the court varied the Crown wardship order in accordance with minutes of settlement to add the First Nation as a party, formally recognize the child's Indigenous status, and mandate specific cultural access and community connection provisions.
