Brown v British Columbia (Director of Child, Family and Community Service), 2024 BCCA 204.

Should the leave to appeal be granted?

[12] Whether leave should be granted under s. 82 of the CFCSA requires consideration of the best interests of the child in accordance with s. 2 of the CFCSA, which provides that the “safety and well-being of children are the paramount considerations”: British Columbia (Child, Family and Community Service) v. A.D.T., 2016 BCCA 117 at para. 13 (Chambers) [A.D.T.].

[26] The starting point is that pursuant to s. 82 of the CFCSA, an appeal may only be made with respect to a question of law.

[29] Relying on J.W. v. British Columbia (Director of Child, Family and Community Service), 2023 BCSC 512 at para. 48, Justice Wilson determined that the Federal Act, particularly s. 10, applies concurrently with the CFCSA.

ABM v British Columbia (Director of Child, Family and Community Service), 2024 BCSC 312.

Brown v British Columbia (Director of Child, Family and Community Service), 2024 BCCA 204.

Brown v British Columbia (Director of Child, Family and Community Service), 2024 BCCA 248.

• Section 10

Child, Family and Community Service Act, RSBC 1996, c 46. 
Sections 2; 57; 81; 82

British Columbia (Child, Family and Community Service) v ADT, 2016 BCCA 117.

MD v R, 2015 BCCA 399.  

Goldman, Sachs & Co v Sessions, 2000 BCCA 326.

JW v British Columbia (Director of Child, Family and Community Service), 2023 BCSC 512.