The children's aid society sought a temporary order placing a four-year-old Indigenous and Black child in the care of his father, removing him from the white kinship caregivers who had raised him since birth.
The society had executed a warrant to remove the child from the kin after verifying emotional harm, citing the kin's escalating pattern of alienating the child from the father and failing to support the child's Black heritage.
The kin and the mother opposed the change in placement, arguing the removal was unlawful and the child should remain in the only home he had known.
The court found the removal was lawful and that the child's best interests, viewed through the lens of the CYFSA and the federal FNIM legislation, required a change in placement to the father.
