Rejean Rudolphe Parise

The Children's Aid Society of Algoma brought a motion to transfer carriage of a child protection status review proceeding to Nogdawindamin Family and Community Services, a newly designated native children's aid society.

The motion involved determining whether Nogdawindamin CAS had jurisdiction under its ministerial designation to act as the applicant society.

The court examined the complex jurisdictional issues arising from the designation, including territorial jurisdiction, personal jurisdiction based on aboriginal status, and the conditions imposed on the designation.

The court granted the motion, finding that Nogdawindamin CAS had jurisdiction to carry out its mandate as a children's aid society in this case involving an Indian child identified as a member of one of the seven listed First Nations.

This decision addresses a motion by Children's Aid Society of Algoma (Algoma CAS) seeking to substitute Nogdawindamin Family and Community Services (Nogdawindamin CAS) as the applicant in child protection proceedings.

The motion arose from the recent designation of Nogdawindamin, a native agency, as a children's aid society effective April 1, 2017.

The court examined the Minister's designation of Nogdawindamin CAS, which imposed conditions restricting its jurisdiction over certain categories of persons.

The court determined that it has authority to adjudicate jurisdictional issues and that transfer motions require more than mere notification to the court.

The court found that the subject child fell within Nogdawindamin CAS's jurisdiction under paragraph 1 of the designation (geographic jurisdiction on First Nation reserves) and ordered the transfer.

This decision addresses a motion by Children's Aid Society of Algoma seeking to substitute Nogdawindamin Family and Community Services as the applicant in a child protection proceeding.

The motion arose from the recent designation of Nogdawindamin as a native children's aid society effective April 1, 2017.

The court examined the Minister's designation of Nogdawindamin and determined that the child in question did not fall within any of the paragraphs of the designation that were currently in effect.

The court dismissed the transfer motion, finding that Nogdawindamin lacked jurisdiction to act as the applicant society in this particular case.

The Children's Aid Society of Algoma brought a motion to transfer carriage of child protection proceedings to Nogdawindamin Family and Community Services, a newly designated native children's aid society.

The court examined the ministerial designation of Nogdawindamin CAS and determined that it had jurisdiction only over children who were members of the seven specified First Nations bands residing on reserves or who met specific criteria under the designation.

The court granted the transfer motion with respect to one child (A.M.) who was an identified Indian child entitled to membership in one of the designated bands and residing on reserve.

The court dismissed the transfer motion with respect to three other children (N.M., P.F., and M.M.) who had no connection to the designated First Nations or aboriginal status.

The decision addresses the complexities of jurisdictional issues arising from the creation of native children's aid societies and the interplay between geographical and personal designations.

This decision addresses a motion by the Children's Aid Society of Algoma to transfer carriage of a child protection proceeding to Nogdawindamin Family and Community Services, a newly designated native children's aid society.

The case involves a non-Indian child (C.C.2) whose mother is a registered member of a First Nation band.

The court examined the Minister's designation of Nogdawindamin CAS, which contains complex geographical and personal jurisdictional criteria, including conditions restricting certain services pending consultation with other communities.

The court determined that Nogdawindamin CAS has jurisdiction to provide services on First Nation reserves under paragraph 1 of its designation, as the bulk of child protection services were being provided on a reserve.

The transfer was granted, though the court expressed concerns about the superficial evidence presented and the lack of information from respondents.

The Children's Aid Society of Algoma brought a motion to transfer carriage of child protection proceedings to Nogdawindamin Family and Community Services, a newly designated native children's aid society.

The motion involved two children whose father was a registered member of a First Nation band.

The court examined the ministerial designation of Nogdawindamin CAS, the jurisdictional limitations imposed by conditions in that designation, and the statutory framework governing native societies under the Child and Family Services Act.

The court determined that Nogdawindamin CAS had jurisdiction over the children as members of the father's First Nation band and granted the transfer motion, while also addressing broader issues regarding the interpretation of ministerial designations and the court's role in adjudicating society jurisdiction in child protection proceedings.

The court determined costs following a motion brought by the father to enforce compliance with three provisions of a consent order, particularly a provision requiring the mother to afford the father the first opportunity to care for the child when she was unable to do so.

The father was successful on the motion, and the court awarded costs to the father while considering the mother's financial circumstances as a custodial parent and the best interests of the child.

The court fixed costs at $2,000 inclusive of disbursements and taxes, payable in monthly instalments.

The father brought a motion to enforce compliance with a December 11, 2013 consent order, specifically paragraph 8(j), which required the mother to afford the father the first opportunity to care for the child when she was unable to do so.

The father claimed the mother failed to provide her work schedule and had unilaterally placed the child in daycare without offering him the opportunity to provide care.

The court found the mother's interpretation of paragraph 8(j) was incorrect and that it applied to all periods when she was unable to provide personal parental care, including work commitments.

The court found a material change in circumstances and amended the order to include specific requirements for the mother to provide her work schedule, school details, alternate childcare information, and authorization forms to service providers.