V. Mitrow

The Children's Aid Society brought a child protection application regarding two Indigenous children with severe asthma, whose health was compromised by the mother's substance abuse and exposure to cigarette smoke.

The Society initially sought a supervision order but later requested to withdraw the application in favour of a customary care agreement placing the children with the maternal grandfather.

The court found the agreement's provision for unsupervised access by the mother did not meet the children's best interests.

The court ordered the children placed with the customary care providers under an interim supervision order, with supervised access for the mother subject to conditions regarding substance use and smoke exposure.

The moving parties, the aunt and uncle of a child apprehended at birth, sought to be added as parties to a child protection proceeding where the Society sought Crown wardship.

The Society opposed the motion, arguing that the mother could advance the kinship plan.

The court granted the motion, finding that adding the aunt and uncle was in the child's best interests, would not delay the proceedings, and was necessary to allow them to independently advance their kinship plan.

The Children's Aid Society brought a status review application seeking to terminate a supervision order and place the child in the mother's custody under s. 57.1 of the Child and Family Services Act.

An issue arose because there was an existing final joint custody order under the Children's Law Reform Act.

The court held that it has jurisdiction under s. 57.1 of the CFSA to make an order that has the effect of varying an existing final order under the CLRA, provided all parties to the CLRA order are parties to the CFSA proceeding, are served, and there is a material change in circumstances.