This case concerns a temporary care and custody motion for an Indigenous child, L.L.C., who had been residing with a maternal aunt under a Customary Care Agreement (CCA).
Following the CCA's termination, the child was placed with the father.
Kina Gbezhgomi Child and Family Services initiated a protection application seeking a protection finding and a supervision order with the father.
The court determined that the federal An Act respecting First Nations, Inuit and Métis children, youth and families (Federal Act) applies and has paramountcy over provincial legislation (CYFSA), altering the method of analysis for Indigenous children's placements.
Applying the Federal Act's national standards, the court found it was in the child's best interests to be placed with the father, without the need for society supervision, as there were no protection concerns.
The court also ordered continued contact with the maternal aunt and suggested the matter be transitioned to a Children's Law Reform Act application.
