This decision concerns the temporary care and custody of two Indigenous children, R.W. and K.D., under the Child, Youth and Family Services Act, 2017 and the federal Act respecting First Nations, Inuit and Métis children, youth and families.
The court considered competing plans for the children’s placement: the applicant society (DBCFS) and the Western Cree Tribal Council (on behalf of Horse Lake First Nation) sought placement in a group home in Alberta to facilitate cultural and family reunification, while the respondent, L.S., sought their return to her care or, alternatively, continued care in Ontario.
The court found that L.S. had exposed the children to harm and failed to maintain their cultural connections as required.
Applying both provincial and federal legislation, the court ordered the children be placed in the temporary care and custody of DBCFS, with placement in Alberta, and set out terms for supervised access by L.S.
