This is a decision on the identification of a child under section 90(2) of the Child, Youth and Family Services Act (CYFSA).
The child was previously identified under the former Child and Family Services Act (CFSA), but re-identification was necessary under the new CYFSA framework.
The court examined the statutory requirements for identifying a child as a First Nations, Inuk, or Métis child, including membership in a band and identification with a band or community.
The court found that the child was not a First Nations child, as the child was not on any band membership list and neither parent had indicated the band with which the child identifies.
