Patti Lucas

The Children's Aid Society sought an order for extended Society care for three Indigenous children with high needs.

The father sought their return under a supervision order, supported by the mother.

The court found that the protection concerns that led to the children's removal had not been mitigated by the parents, and the Society's efforts to provide culturally appropriate services and support were inadequate.

Despite the children's strong desire to return to their father, the court concluded that extended Society care was the only safe option.

However, recognizing the importance of the children's Indigenous identity and their meaningful relationships with their family, the court ordered robust access for both parents and the paternal grandmother.

In a child protection trial, the Children's Aid Society sought to qualify a pediatrician as a participant expert.

The Office of the Children's Lawyer and the parents opposed the qualification, arguing the pediatrician was engaged for litigation and his methodology was flawed.

The court applied the White Burgess framework and Rule 20.2 of the Family Law Rules, concluding the pediatrician could testify as a participant expert because his opinions were formed during his involvement as a treating pediatrician, not for litigation.

The court circumscribed the scope of his permissible evidence to his observations, diagnosis, treatment, and prognosis of the children.