The Children's Aid Society of Waterloo Region brought a summary judgment motion seeking an order for their Openness Application to proceed under s. 197 of the Child, Youth and Family Services Act, 2017 (CYFSA).
The children are Métis and were adopted by the adoptive parents.
The motion addressed whether the Openness Application could proceed despite alleged failures by the Society to properly serve the Métis Nation of Ontario and an unidentified First Nation band, as required by the CYFSA.
The court found that formal service and notice to the Métis community were not required for the Openness Application to proceed, as the Métis Nation of Ontario is not a "listed community" under the Act, and the determination of a child's community for statutory notice purposes is a ministerial, not judicial, function.
The court ordered the Openness Application to proceed under s. 197 and expedited the trial management conference and openness hearing.
