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DBCFS v LS et al, 2025 ONSC 2335.

The Society (DBCFS) is seeking temporary care and custody of the children, R.W. and K.D., pursuant to section 94(2) of the Child, Youth and Family Services Act (CYFSA). L.S. is the caregiver from which the children were removed, and she seeks to have the children returned to her care. The children are both members of the Horse Lake First Nation in Alberta, the Western Cree Tribal Council (WCTC) acts on behalf of  the First Nation. As…

Michif CFS v S.A.S. and J.A.A.M, 2022 MBKB 176.

The Michif Child and Family Services [“the Agency”] applied to the Court for an order finding the subject child, V.J.A.M-M., remains in need of protection. The Agency seeks a permanent order for the care of the child. The parents contest this request, stating that they can care for, and should care for, the child themselves. The Court proceeds through an analysis (at the request of…

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

The appellants are seeking leave to appeal (ability to appeal) a previous order made by the Supreme Court of British Columbia, which dismissed their appeal from the Provincial Court. In the original order, the Provincial Court ordered that access between the appellants and their children, post a continuing custody order [“CCO”], be cancelled. The Court granted the leave to appeal and ordered the appeal on an expedited basis. 

Dnaagdawenmag Binnoojiiyag Child and Family Services v GK, 2024 ONSC 3018.

Dnaagdawenmag Binnoojiiyag Child & Family Services [“the Society”] seek multiple orders pursuant to Rule 16 of the Family Law Rules [“FLR”]. They seek to place the subject children (H.K., Sh.K., R.K. and Sc.K.) in the care of their oldest sibling, Sk.K., subject to 6 months of supervision, in addition to terms related to access between the children and their parents (G.K. and M.S.). As the orders are sought on a Summary Judgement Motion, the Society…

Welter v Kequahtooway, 2023 SKKB 33.

This action is originally brought to the Court by the paternal aunt of the subject child Hiba. The paternal aunt is seeking sole decision-making capabilities and primary care regarding the child. Hiba was placed with her aunt in a private placement agreement between her mother and her aunt.   Although Hiba’s mother, Quanita, brings her own application to have sole decision making…

BC (Child, Family and Community Service) v SB and DMB, 2022 BCPC 140.

The Director seeks an order pursuant to s. 35(2)(a) of the Child, Family and Community Service Act [“CFCSA”] that K.B., M.B. and B.B. [collectively, “the Children”] remain in the interim custody of the Director pending a protection hearing. S.B. seeks an order returning the Children to her care, with or without supervision. The Court determines there was reasonable grounds for removal, but places Children back with…

Director and R, 2022 BCPC 15.

This matter involves an application for S.V. to be added as a party to proceedings per s. 39(4) of the Child, Family and Community Service Act [“CFCSA”]. S.V. is the maternal grandmother of the children. The court determines that the definition of ‘caregiver’ in An Act respecting First Nations, Inuit and Métis children, youth and families [“Federal Act”], combined with the best interest of the children test, favours…

First Nation A v AB, 2020 BCPC 279.

This case involves First Nation A’s application to include its cultural plan in a s. 41(1)(d) order (continuing custody order) [“CCO”] of the Child, Family and Community Services Act [“CFCSA”]. The CCO of Baby A has already been granted, entering of the order is pending this matter. The Director opposes any inclusion of the Cultural Plan. A.B. and S.B. support First Nation A’s position that the An Act respecting First Nations, Inuit and…

Métis Child, Family and Community Services v CPR et al, 2023 MBCA 82.

This case is an appeal of an order granting guardianship of A.D.R. to D.D. (the former partner of A.D.R.’s deceased father, S.J.M.) rather than A.D.M. (A.D.R.’s paternal aunt), in competing guardianship applications. A.D.M. argues that the trial judge erred in finding that the Federal Act does not apply to private guardianship applications. Peguis Child and Family Services [“Peguis CFS”] intervenes to argue that it does apply. A.D.M. also argues that…

Métis Child, Family and Community Services v CPR et al, 2022 MBCA 40.

This case was about whether Peguis CFS should be allowed to intervene in an appeal about guardianship of A.D.R., a 10-year-old Indigenous child. At the original guardianship hearing, the Court granted guardianship to D.D. instead of A.D.M., the child’s paternal aunt. A.D.M. appealed, arguing that the Court did not properly apply An Act respecting First Nations, Inuit and Métis children, youth and families  [“the…