The applicant Society, joined by the mother and Inuit representative, sought to vary an interim order to place children with the mother and permit their relocation to Northern Quebec.
The father opposed, requesting custody and maintenance of the non-removal order.
The court found a material change in circumstances due to the parents' separation and the father's criminal charges.
Applying principles from the Child, Youth and Family Services Act and the federal Act respecting First Nations, Inuit and Métis Children, Youth and Families, with a strong emphasis on cultural continuity for Indigenous children, the court granted the Society's motion, allowing the mother to relocate with the children to their Inuit community, despite the impact on the father's access.
