British Columbia (Children and Family Development) v W.D., 2025 BCPC 142.

Should L.F., the maternal grandmother, be added as a party to this Child, Family and Community Service Act (“CFCSA”) proceeding?

Should the grandmother be granted unsupervised visits with J.D. on weekends?

[73] Section 9(1) of the Federal Act sets out that the Act is to be interpreted and administered in accordance with the principle of the best interests of the child. Section 9(2) further states that the Act is to be interpreted and administered in accordance with the principle of cultural continuity as reflected in such concepts as s. 9(2)(a) “cultural continuity is essential to the well-being of a child, family and an Indigenous group, community or people” and s. 9(2)(b) “the transmission of the languages, cultures, practices, customs, traditions, ceremonies and knowledge of Indigenous peoples is integral to cultural continuity.”

[74] Importantly, s. 9(2)(d) of the Federal Act requires that: child and family services provided in relation to an Indigenous child are to be provided in a manner that does not contribute to the assimilation of the Indigenous group, community or people to which the child belongs or to the destruction of the culture of that Indigenous group, community or people.

[77] I fully accept that Ms. F. can contribute to the cultural continuity for J. She has had a unique upbringing on North Vancouver Island which does not even align with the cultural practices of the larger Gwa’sala-‘Nakwaxda’wx First Nations. She also regularly cared for J. in the past. She raised her children in a culture of self-sufficiency on the Pacific Coast, fishing and hunting.

[78] So far, the Ministry has taken a more homogenous approach in attempt to preserve J.’s culture, and clearly Indigenous practices in the Fraser Valley are not necessarily reflective of the culture described by the grandmother. J. is being cared for by a non-Indigenous uncle, but small steps continue to be taken to introduce J. to Indigenous culture.

[80] Importantly, there are avenues for Ms. F. to contribute to J.’s Indigenous culture without necessarily becoming a party. The Ministry must and should consult her when developing any cultural plan for the child. Moreover, should this matter proceed to a continuing custody hearing, Ms. F. can conduct her FLA proceeding alongside the child protection hearing and present further evidence about her cultural practices and her bond with the child at that time.

[82] In my view, bearing in mind both s. 39(4) of the CFCSA and the Federal Act, the addition of Ms. F. as a party is not required for the proper resolution of this child protection proceeding involving J. She undoubtedly can nourish J.’s cultural upbringing and she should be consulted in developing J.’s plan of care. More directly, she can bring her FLA application alongside the likely continuing custody hearing in this matter.

[83] However, adding Ms. F. as a party would unnecessarily complicate and prolong the child protection proceeding. She would be entitled to voluminous disclosure and to present her own case and cross examine all witnesses in the CFCSA case.

[85] It is important to remember that s. 2(g) of the CFCSA requires decisions relating to children be made and implemented in a timely manner. J. was removed in July of 2024 and one year has passed, yet we do not even have trial dates.

[88] I also must consider the factors set out in s. 10(3) of the Federal Act as outlined above. One emphasis is on preserving the child’s cultural identity, and indigeneity should not be homogenized.

[89] In this case, there is a need to preserve family connections, and Ms. F. has a unique culture distinct from Gwa’sala ‘Nakwaxda’wx First Nations. She should not be separated from her granddaughter, a girl whom she historically visited on a regular basis.

[90] The Ministry has attempted to establish regular, supervised visits every two weeks. There have been interruptions, and Ms. F. can be abrasive with social workers. Ms. F. also is, to some degree, critical of the uncle’s care of J.

[92] As to J.’s emotional well-being, assuming the child protection concerns are true, this child has been exposed to unspeakable abuse. Her play therapy to overcome trauma is vital. While J.’s visits with her grandmother are important, I must exercise caution and ensure my decisions are all child focused.

None.

• 9(1) Principle – best interests of child
• 9(2) Principle – cultural continuity
• 10(3) Factors to be considered
• Section 13: Representations and party status

Child, Family and Community Service Act, RSBC 1996, c 46. (CFCSA)

Sections 2(g); 4; 4.1; 4.2; 4.3; 4.4; 4.5; 39(4); 55(2); 55(5); 56(1); 68(2)

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

British Columbia (Director, Ministry of Children and Families) v S.L.J., 2024 BCPC 260.

J.L. v British Columbia (Director of Child, Family & Community Services Act), 2001 BCSC 1604.