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The court granted a motion changing the placement of an Indigenous child to the mother.
This decision concerns a motion to change the placement of a child, A., from her paternal grandmother’s care to her mother’s care under the Child, Youth and Family Services Act, 2017.
The court reviews the admissibility of hearsay evidence, the reliability of statements made by the child, and the comparative risks and benefits of each placement.
The court applies the augmented best interests test for Indigenous children, considering the hierarchy of placements under the federal legislation.
The court concludes that placement with the mother is required to promote A.’s best interests and issues a temporary order accordingly.
The court dismissed the mother's appeal of a summary judgment order granting custody to the father, admitting fresh evidence of her ongoing non-cooperation.
The mother (M.W.) appealed a summary judgment decision that placed her child (M.N.D.) in the custody of the father (M.S.) with discretionary access for the mother.
The appeal court admitted fresh evidence regarding the mother's ongoing non-cooperation with the Children's Aid Society (CAS) and her failure to comply with court orders concerning her other children.
The court dismissed the appeal, finding no palpable and overriding errors in the motions judge's factual findings or application of law regarding summary judgment and status review applications.
The fresh evidence further confirmed the appropriateness of the original decision, emphasizing the child's best interests and the need for permanence.
