Patrick Micheal Nadjiwan

This endorsement addresses the temporary care and custody of a First Nation child, Z.O., who was removed from M.O.'s care and subsequently placed with his biological father, J.K. The court considered the Child, Youth and Family Services Act, 2017 (CYFSA) and the federal An Act respecting First Nations, Inuit and Metis children, youth and families.

The court emphasized the priority of placement with a biological parent under the federal legislation, finding that Z.O.'s best interests were met by remaining with J.K., given no protection concerns and J.K.'s ability to provide cultural connection.

The "without prejudice" term of a previous interim order placing the child with J.K. was removed.

The Children's Aid Society of Algoma brought a motion to sever the case involving the child Z.O. from an existing child protection application and transfer the matter to Nogdawindamin Family and Community Services, an Indigenous child welfare agency.

Z.O.'s father (J.K.) and Serpent River First Nation, along with Nogdawindamin, consented to the motion.

The mother (A.B.) and step-father (M.O.) opposed the transfer, arguing that Z.O.'s half-sibling (A.O.) should also be transferred to keep the siblings together, or that the severance should be denied if A.O. was not included.

The court granted the severance and transfer of Z.O. to Nogdawindamin, emphasizing the legislative purpose of the Child, Youth and Family Services Act and An Act respecting First Nations, Inuit and Métis children, youth and families, which support Indigenous child welfare agencies providing culturally appropriate services.

The court declined to transfer A.O., as she was not identified as First Nations, Inuit, or Métis, but noted the importance of reciprocating sibling access.