Director and R, 2022 BCPC 15.

Should S.V. be added as a party to the proceedings, pursuant to s. 13 of the Federal Act, or s. 39(4) of the CFCSA?

[19] The ARFNIM is relatively new federal legislation directed at Indigenous children and families. From the preamble, the Federal government commits to implementing the United Nations Declaration on the Rights of Indigenous Peoples; recognizes the legacy of resident schools and the harm, including intergenerational trauma, caused to Indigenous peoples by colonial practices; and breathes life into the Truth and Reconciliation Commissions call to action for all governments to work together with respect to the welfare of Indigenous children by enacting federal legislation that establishes national standards for the welfare of Indigenous children. [emphasis mine]

[25] I adopt the analysis of my fellow judges, Smith and Patterson in relation to the application of the ARFNIM to CFCSA matters involving Indigenous children and their respective conclusions that Provincial Courts have jurisdiction in certain circumstances to apply the terms of ARFNIM to CFCSA matters, particularly where the CFCSA fall short or is silent.

[36] I find that ARFNIM may be applied in this matter and that the Applicant grandmother is a caregiver and therefore ought to be added as a party as per s. 13 (a) of ARFNIM. I also find that per s. 10 of ARFNIM and s. 4 of the CFCSA, it is in the best interest of the children for the Applicant to be added as a party. If I am wrong in applying ARFNIM, I also find that in light of our evolving perspectives as it relates to the plight of Indigenous children in care, the exercise of discretion in s. 39(4) of the CFCSA is inclusive enough to accommodate an Indigenous grandmother, who through her actions, despite being removed as a parent, has consistently appeared at each court appearance with counsel to make known that she will care for her grandchildren, should the parents fall back into addictions.

None.

• Section 1: Definitions
• Definition: care provider
• Section 10
• Section 13: Representations and party status

Child, Family and Community Service Act, RSBC 1996, c 46. 
Sections 4; 39; 41(1)(d) 

Bill 29, Interpretation Amendment Act, 2021, 2nd Sess, 42nd Leg, British Columbia, 2021 (assented to 25 November 2021).
Section 8.1 

Truth and Reconciliation Commission of Canada: Calls to Action, 2015.
Calls to Action 1; 2; 3; 4; 5 

BC (Child, Family and Community Services) v MCW, 2020 BCPC 132, 2020 BCJ No 1116. 

Director of Child, Family and Community Service v ADR, 2021 BCPC 179, [2021] BCJ No. 1580. 

First Nation A v AB, 2020 BCPC 279, [2020] BCJ No. 2279. 

JL v British Columbia (Director of Child, Family & Community Service Act), 2001 BCSC 1604.