Ms. J. Mealey

The Children's Aid Society of Algoma brought a motion to transfer carriage of a child protection proceeding to Nogdawindamin Family and Community Services, a newly designated native children's aid society.

The child subject to the proceeding (H.S.) was identified as non-status and not an Indian or native child under the Child and Family Services Act.

The court dismissed the motion, finding that Nogdawindamin CAS lacked jurisdiction under its ministerial designation to provide services in this case.

The court held that jurisdictional compliance with the Minister's designation cannot be overridden by efficiency or duplication of services arguments, and that the court has authority to determine whether a society has jurisdiction to be the applicant in a child protection proceeding.

The Children's Aid Society of Algoma brought a motion to transfer carriage of a child protection status review proceeding to Nogdawindamin Family and Community Services, a newly designated native children's aid society.

The motion involved determining whether Nogdawindamin CAS had jurisdiction under its ministerial designation to act as the applicant society.

The court examined the complex jurisdictional issues arising from the designation, including territorial jurisdiction, personal jurisdiction based on aboriginal status, and the conditions imposed on the designation.

The court granted the motion, finding that Nogdawindamin CAS had jurisdiction to carry out its mandate as a children's aid society in this case involving an Indian child identified as a member of one of the seven listed First Nations.

This decision addresses a motion by Children's Aid Society of Algoma (Algoma CAS) seeking to substitute Nogdawindamin Family and Community Services (Nogdawindamin CAS) as the applicant in child protection proceedings.

The motion arose from the recent designation of Nogdawindamin, a native agency, as a children's aid society effective April 1, 2017.

The court examined the Minister's designation of Nogdawindamin CAS, which imposed conditions restricting its jurisdiction over certain categories of persons.

The court determined that it has authority to adjudicate jurisdictional issues and that transfer motions require more than mere notification to the court.

The court found that the subject child fell within Nogdawindamin CAS's jurisdiction under paragraph 1 of the designation (geographic jurisdiction on First Nation reserves) and ordered the transfer.

This decision addresses a motion by Children's Aid Society of Algoma seeking to substitute Nogdawindamin Family and Community Services as the applicant in a child protection proceeding.

The motion arose from the recent designation of Nogdawindamin as a native children's aid society effective April 1, 2017.

The court examined the Minister's designation of Nogdawindamin and determined that the child in question did not fall within any of the paragraphs of the designation that were currently in effect.

The court dismissed the transfer motion, finding that Nogdawindamin lacked jurisdiction to act as the applicant society in this particular case.

The Children's Aid Society of Algoma brought a motion to transfer carriage of child protection proceedings to Nogdawindamin Family and Community Services, a newly designated native children's aid society.

The court examined the ministerial designation of Nogdawindamin CAS and determined that it had jurisdiction only over children who were members of the seven specified First Nations bands residing on reserves or who met specific criteria under the designation.

The court granted the transfer motion with respect to one child (A.M.) who was an identified Indian child entitled to membership in one of the designated bands and residing on reserve.

The court dismissed the transfer motion with respect to three other children (N.M., P.F., and M.M.) who had no connection to the designated First Nations or aboriginal status.

The decision addresses the complexities of jurisdictional issues arising from the creation of native children's aid societies and the interplay between geographical and personal designations.

This decision addresses a motion by the Children's Aid Society of Algoma to transfer carriage of a child protection proceeding to Nogdawindamin Family and Community Services, a newly designated native children's aid society.

The case involves a non-Indian child (C.C.2) whose mother is a registered member of a First Nation band.

The court examined the Minister's designation of Nogdawindamin CAS, which contains complex geographical and personal jurisdictional criteria, including conditions restricting certain services pending consultation with other communities.

The court determined that Nogdawindamin CAS has jurisdiction to provide services on First Nation reserves under paragraph 1 of its designation, as the bulk of child protection services were being provided on a reserve.

The transfer was granted, though the court expressed concerns about the superficial evidence presented and the lack of information from respondents.

The Children's Aid Society of Algoma brought a motion to transfer carriage of child protection proceedings to Nogdawindamin Family and Community Services, a newly designated native children's aid society.

The motion was dismissed because Nogdawindamin CAS lacked jurisdiction over the children in question.

The court found that while two of the children had First Nations heritage through their father, the other two children and their mother did not qualify under any paragraph of Nogdawindamin's ministerial designation.

Additionally, Nogdawindamin was prohibited from exercising certain functions under conditions imposed by the Minister that had not yet been lifted.

This decision addresses a motion by Children's Aid Society of Algoma (Algoma CAS) seeking to substitute Nogdawindamin Family and Community Services (Nogdawindamin CAS) as the applicant in child protection proceedings.

The motion arises from the recent designation of Nogdawindamin, a native agency, as a children's aid society effective April 1, 2017.

The court examined the Minister's designation of Nogdawindamin CAS, which contains both geographical and personal jurisdictional components, as well as conditions restricting certain functions pending consultation and coordination with other First Nations communities.

The court determined that the children and mother in this case, as registered or eligible members of Batchewana First Nation, fall within Nogdawindamin CAS's jurisdiction under paragraph 1 of its designation.

The motion was granted, and the proceeding was transferred to Nogdawindamin CAS with ancillary orders for change of solicitors and amendment of the title of the proceeding.

The Children's Aid Society of Algoma brought a motion to transfer carriage of child protection proceedings to Nogdawindamin Family and Community Services, a newly designated native children's aid society.

The motion involved two children whose father was a registered member of a First Nation band.

The court examined the ministerial designation of Nogdawindamin CAS, the jurisdictional limitations imposed by conditions in that designation, and the statutory framework governing native societies under the Child and Family Services Act.

The court determined that Nogdawindamin CAS had jurisdiction over the children as members of the father's First Nation band and granted the transfer motion, while also addressing broader issues regarding the interpretation of ministerial designations and the court's role in adjudicating society jurisdiction in child protection proceedings.

The Children's Aid Society of Algoma brought a motion for summary judgment in a status review proceeding under the Child and Family Services Act, seeking an order for crown wardship of a two-year-old child with no parental access.

The child had previously been made a temporary ward of the society for six months.

The parents opposed the motion but failed to provide substantive evidence in response.

The court found that no genuine issue requiring a trial existed and granted the society's motion for crown wardship with no access to either parent.

The court noted that the parents had failed to comply with the Plan of Care expectations, their relationship remained dysfunctional, and the protection concerns had not been addressed or had been exacerbated.