Self-represented (Nicole Lafortune)

The Ontario Court of Justice dismissed a motion seeking disclosure of Batchewana First Nation band representative records related to a child custody dispute involving the maternal great-grandparents and the child's parents and paternal grandparents.

The court found that the First Nation and its band representative are not mandated or trained to assess child protection risks and do not hold investigatory powers akin to child welfare agencies.

The records sought were deemed irrelevant to the family law proceeding, which is distinct from a child protection case.

The court emphasized that the child protection agency, Nogdawindamin Family and Community Services, is the appropriate body tasked with assessing risk and providing relevant records, which were ordered produced by consent.

This decision addresses a motion concerning contact between paternal grandparents and their grandchild, Asher Krauter-Maki, in the context of a complex family situation involving a Voluntary Service Agreement (VSA), child protection concerns, and supervised parenting time.

The court considered the best interests of the child under section 24 of the Children’s Law Reform Act, the history of supervised parenting time, and the involvement of child protection agencies.

The court restored the status quo on a temporary basis, granting the paternal grandparents weekend contact with the child, with supervised presence of the father, and set directions for future proceedings including costs and further evidence.