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

The appellants are seeking leave to appeal a previous order of the Supreme Court of British Columbia, which dismissed their appeal from the Provincial Court. In its original order, the Provincial Court held that access between the appellants and their children, post a continuing custody order [CCO], be cancelled. Abrioux J grants the leave to appeal and orders the appeal on an expedited basis. Resource.

1. 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.

[30] Specifically, he found that s. 10 of the Federal Act informs how s. 57 of the CFCSA is to be interpreted, that is, in the best interests of the children, when a child is Indigenous. The Federal Act contains principles protecting the best interests of Indigenous children that exceed those found in the CFCSA.

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

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

• Section 10

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

An Act Respecting First Nations, Inuit and Métis Children, Youth and Families, SC 2019 c 24.
Section 10

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.