Randolph C. Hammond

The father brought a motion to dismiss a child protection application on the basis that a customary care agreement had been signed by the parents, the First Nation, and the Children's Aid Society.

A former foster parent brought a cross-motion to be added as a party to the proceeding.

The court granted the father's motion, emphasizing that customary care is the preferred approach for Indigenous children and that the agreement was valid and in the child's best interests.

The former foster parent's motion was dismissed as adding her would cause undue delay and conflict in a resolved proceeding.

The Society brought a motion for temporary care and custody of a four-month-old Indigenous child.

The parents opposed, seeking the child's return under supervision.

The court analyzed whether the provincial child protection legislation conflicted with the federal Act respecting First Nations, Inuit and Métis children, youth and families, concluding there was no conflict and the augmented provincial best interests test applied.

Finding that the child could be adequately protected by strict terms of supervision while residing with the maternal great-aunt, the court dismissed the Society's motion and placed the child in the joint care of the parents.

The applicant children's aid society sought an order to commit a youth to a secure treatment program for 180 days due to severe substance abuse and mental health issues.

The youth's parents supported the application, while the youth opposed it.

The court found that the youth suffered from a mental disorder that grossly impaired their capacity to make reasoned judgments, and that the youth had attempted to cause serious bodily harm to themselves through severe drug use and resulting emaciation.

The court granted the application, finding that secure treatment was the only effective and least restrictive method available to prevent further serious bodily harm.