The respondent mother, A.D., brought a motion to vary a previous statutory finding under subsection 90(2) of the Child, Youth and Family Services Act, 2017, to include a finding that her children, K.Re. and A.Re., are Métis persons.
The court considered its jurisdiction to revisit prior findings, interpreting the CYFSA remedially to allow for such variations in the children's best interests, especially given the Act's emphasis on Indigenous children's cultural identity and community connection.
Based on the uncontroverted evidence of the parents' self-identification and engagement with Métis community services, the court found sufficient credible and reliable evidence to support the Métis identification.
The motion was granted, vacating the previous finding and declaring the children Métis.
