Victor S. Savino

The appellants appealed a decision striking out their statement of claim, which sought a declaration that various federal and provincial statutes were unconstitutional.

The Supreme Court of Canada allowed the appeal, holding that the test for striking out a statement of claim was not met, as the outcome was not 'plain and obvious' or 'beyond doubt'.

The Court found that the issues regarding the interpretation of the Manitoba Act, 1870 and the Constitution Act, 1871 were better determined at trial with a proper factual base, and that the subject matter was justiciable.

The appellants, a Metis-white couple, took the respondent's infant daughter into their home and cared for her for several years, becoming her psychological parents.

The natural mother, an Indian woman who had struggled with alcoholism, later sought custody.

The trial judge granted the appellants' application for a de facto adoption, finding it was in the child's best interests.

The Court of Appeal overturned the adoption order.

The Supreme Court of Canada allowed the appeal and reinstated the adoption order, holding that the law focuses on the best interests of the child rather than parental property rights.

The Court emphasized that as the bond with prospective adoptive parents grows closer over time, the significance of cultural background and heritage abates.