The Children's Aid Society sought a temporary order placing newborn twins in its care, while the respondent mother sought their return on terms of supervision.
The mother, an Indigenous woman, had a history of trauma and was on a methadone program, but had made significant strides in her mental health.
The Society apprehended the medically fragile twins shortly after birth and placed them in an Indigenous foster home located hours away, relying on the placement hierarchy in federal legislation (Bill C-92).
The court found that the Society's concerns could be managed through a supervision order and that returning the children to the mother's care was the least intrusive option in their best interests.
The court also held that the augmented best interests test for Indigenous children overrides the Bill C-92 placement hierarchy, meaning the Society cannot prioritize a distant culturally-matched foster home over a local placement if it impairs the parent-child bond and substantive equality.
