EL v Alberta (Children and Family Services), 2025 ABCJ 89.

What access, if any, should be granted to the applicant's?

[34] If the delivery of child and family services by the state, including apprehension could confer family and close relative status on non-Indigenous persons, where such status did not exist prior to the apprehension, the assimilation of Indigenous Children would occur contrary to the principles and objectives of the Federal Act and specifically s 9(2).

[35] To avoid this possibility, the definition of ""family"" must be interpreted to include a person whom the child considers to be a close relative only if the child considered the person to be a close relative prior to the provision of child and family services (i.e. prior to the apprehension). A contrary interpretation would result in children being permanently removed from their Indigenous communities and placed with non-Indigenous families.

• Definition: family

An Act respecting First Nations, Inuit and Métis children, youth and families, SC 2019, c 24.
Preamble; sections 1; 9(1); 9(2); 10

Child, Youth and Family Enhancement Act, RSA 2000, c C-12.
Section 1.1; 2; 31(4); Section 33(3); 35.1; 55; 117.1

Family Law Act, SA 2003, c F-4.5
Section 18

KVW v. Alberta (Director of Child Welfare), 2006 ABCA 404.

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