Ronald C. George

The appellant father appealed a final order of custody granting care of his biological child to the maternal grandmother.

The child, who has Native status, was found in need of protection after the mother passed away.

The father argued the trial judge erred in applying the best interests test, weighing his criminal record, and assessing the grandmother's commitment to the child's cultural heritage.

The appeal court dismissed the appeal, finding the trial judge made no palpable and overriding errors and properly considered the child's Native status and best interests.

The Children's Aid Society brought a motion for directions after discovering it had failed to serve the First Nation before obtaining a Crown wardship order for an Indigenous child.

The court found the original order was a nullity as against the First Nation due to the lack of notice.

Applying Rule 25(19) of the Family Law Rules, the court varied the Crown wardship order in accordance with minutes of settlement to add the First Nation as a party, formally recognize the child's Indigenous status, and mandate specific cultural access and community connection provisions.

The applicant sought a four-month extension of society wardship for a nine-year-old child who had been in care for nearly 29 months.

All parties consented to the extension.

The court raised the issue of whether section 70(4) of the Child and Family Services Act permitted an extension that would exceed the 30-month statutory maximum for a child over six years old.

After reviewing conflicting case law on whether section 70(4) should be interpreted liberally to allow multiple extensions or strictly as a finite ceiling, the court held that the legislation imposes a strict maximum of 30 months for a child six or older.

The court granted only a one-month extension to reach the 30-month limit and declined the requested four-month extension.