Nicole Powers

This decision addresses a motion by the Walpole Island First Nation (WIFN) seeking full, unredacted disclosure of child protection files held by Linck Child, Youth, and Family Supports concerning Indigenous children under their care.

The court reviews the applicable legislative framework, including the Child, Youth and Family Services Act, 2017 (CYFSA), the federal Act Respecting First Nations, Inuit and Metis Children, Youth and Families, and the Family Law Rules.

The judge emphasizes the paramount importance of Indigenous children's best interests, cultural continuity, and the duty of consultation with Indigenous communities.

The court rejects the child protection agency's redactions and limitations on disclosure, finding that full disclosure to the First Nation is necessary to enable meaningful participation in care planning and to uphold Indigenous rights and reconciliation principles.

The motion is granted with orders for unredacted disclosure and restrictions on use to protect privacy.

Linck Child, Youth and Family Supports brought a motion for temporary care and custody of the child Z, seeking placement in society care and supervised access for the mother.

The respondent mother, S.A., opposed the motion, seeking Z's immediate return to her care.

The court granted the mother's request to provide oral evidence due to her self-represented status and past delays.

The court found that Linck failed to discharge its onus to prove a risk of harm to Z in the mother's care, criticizing the society's evidence as speculative, inconsistent, and tailored to justify apprehension.

The court also found Linck's interventions unjustified and overly intrusive, noting a pattern of baseless apprehensions.

The motion for temporary care was dismissed, and Z was ordered to be immediately returned to the mother's care without supervision.

The Society brought a motion for temporary care and custody of the child S.H. in kinship placement, with supervised access for the Respondent Mother.

The Mother opposed, seeking the child's return to her care, and challenged the admissibility of photographs taken by the Society, arguing a Charter breach.

The court found a serious Charter infringement regarding the photographs but, applying the R. v. Grant framework, determined that their exclusion would not place the child at risk of harm nor significantly impact the Society's case, as the narrative evidence was sufficient.

Ultimately, the court found the Mother unable to meet parenting responsibilities due to home conditions, mental health, and interaction issues, and ordered the child to remain in kinship care with Society supervision and specific terms for the Mother, while excluding the contested photographs from evidence.

The applicant Society, joined by the mother and Inuit representative, sought to vary an interim order to place children with the mother and permit their relocation to Northern Quebec.

The father opposed, requesting custody and maintenance of the non-removal order.

The court found a material change in circumstances due to the parents' separation and the father's criminal charges.

Applying principles from the Child, Youth and Family Services Act and the federal Act respecting First Nations, Inuit and Métis Children, Youth and Families, with a strong emphasis on cultural continuity for Indigenous children, the court granted the Society's motion, allowing the mother to relocate with the children to their Inuit community, despite the impact on the father's access.