The Children's Aid Society of Algoma brought a motion to sever the case involving the child Z.O. from an existing child protection application and transfer the matter to Nogdawindamin Family and Community Services, an Indigenous child welfare agency.
Z.O.'s father (J.K.) and Serpent River First Nation, along with Nogdawindamin, consented to the motion.
The mother (A.B.) and step-father (M.O.) opposed the transfer, arguing that Z.O.'s half-sibling (A.O.) should also be transferred to keep the siblings together, or that the severance should be denied if A.O. was not included.
The court granted the severance and transfer of Z.O. to Nogdawindamin, emphasizing the legislative purpose of the Child, Youth and Family Services Act and An Act respecting First Nations, Inuit and Métis children, youth and families, which support Indigenous child welfare agencies providing culturally appropriate services.
The court declined to transfer A.O., as she was not identified as First Nations, Inuit, or Métis, but noted the importance of reciprocating sibling access.
