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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. 

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…

British Columbia (Children and Family) v A.B., 2020 BCPC 278.

Baby A was removed from her parents’ care when she was three months old after medical evidence showed that she had sustained twelve fractures while in her parents’ primary care. The Director argued that Baby A needed protection because she had been physically harmed by her parents and remained at risk of future harm. The parents opposed the application and…

British Columbia (Child, Family and Community Service) v T.J.T., 2022 BCPC 193.

The three children in this matter are M.V.F, M.G.F and G.C.F, referred to as “the children”. The biological mother and father of the children are T.J.T (mother) and M.G.I.F (father). The Director is applying for a six-month extension of a temporary custody order keeping the children placed with their current caregivers, C.M.W. and J.W. This hearing takes place under section 44 of…

British Columbia (Child, Family and Community Service) v W and H, 2022 BCPC 216.

The Director seeks an order pursuant to s. 41(1)(b) of the Child, Family, and Community Service Act (CFCSA) placing the child in the temporary care of “The Caregivers”. There are differing opinions on child’s Indigeneity. The Court adopts Ontario court’s test of self-identification. A.H. is found to be Métis and placed with The Caregivers on temporary order for 3 months…

Director v M.G.N. and M.D.J., J.M.S., and M.J., 2023 BCPC 154.

J.M.S. is applying for an order under the Family Law Act (FLA) to be added as a guardian to the Child, Family and Community Service Act (CFCSA) proceedings. J.M.S. is former foster parent of the child, M.J.N., and such an order would provide her all-parenting responsibilities. Court makes clear they are not determining if J.M.S. is a guardian, only if…

British Columbia (Children and Family Development) v SC, 2024 BCPC 35.

S.C. seeks to change or cancel a continuing custody order (CCO) that was made in 2004, pursuant to s 54(1) and Rule 8(6) of the Child, Family and Community Service Act (CFCSA). Prerequisites for s 54(1) hearing are not established, and matter proceeds as Rule 8(6) application. Harris J determines, even in considering a timeline favourable to S.C., the application…

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…