British Columbia (Children and Family Development) v RT, 2024 BCPC 41.

Application for a continuing custody order (CCO) pursuant to s 49(9) of the Child, Family and Community Service Act (CFCSA). If denied, the Director submits that E.E.T. must be returned to R.T.’s care, pursuant to s 49(10)(b) of the CFCSA. Merrick J reiterates the purpose of the court is to make orders in the best interest of the child. Both the Director and R.T. are found to have disregarded a plan of care for E.E.T.’s culture, and the application is dismissed.   

Should the application for a CCO pursuant to s 49(9) of the CFCSA be granted?

[50] While many factors favour the granting of a continuing custody order, the prioritizing of the [omitted for publication] culture to the extent of nearly abandoning E.E.T.’s [omitted for publication] cultures is not in E.E.T.’s best interests.

[53] However, the failure to implement the plan of care respecting E.E.T.’s culture and the resulting impact and the potential for harm that has on E.E.T., combined with the significant importance of the following two best interest factors - the child being able to learn about and practice the child’s [omitted for publication] traditions, customs and language and the belonging to the child’s [omitted for publication] community - sway the balance.

[56] A consideration and weighing of the best interest factors, in addition to the plan of care not being followed, do not support the making of a continuing custody order. It is my judgment that the Director’s care arrangement is not appropriate. Therefore, the application for a continuing custody order is denied.

None.

• Section 10
• 16(3) Family unity

Child, Family and Community Service Act, RSBC 1996, c 46. (CFCSA)
Sections 4; 8(1); 35(2)(d); 41(1)(b); 44.1(3); 49(7)(9)(10); 55

United Nations Declaration on the Rights of Indigenous Peoples, GA Res. 61/295. (UNDRIP)
Articles 9; 11; 14.3

BB v British Columbia (Director of Child, Family and Community Services), 2005 BCCA 46.

DBS v SRG, 2006 SCC 37.

J(L) v British Columbia (Director of Child, Family & Community Services), 2000 BCCA 446.

Michel v Graydon, 2020 SCC 24.

Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5.