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British Columbia (Children and Family Development) v MKC, 2024 BCPC 55.

Director is seeking order returning R.M.C to A.W.’s care under 6-month supervision order, pursuant to Children, Family and Community Service Act (CFCSA), s 41(1)(a) – Director also consents to child being returned to M.K.C. Brecknell J conducts a best interest of the child analysis according to An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (Federal Act)…

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

The society seeks an interim order pursuant to s. 35(2)(d) of the Child Family and Community Service Act (CFCSA) that the children remain in the care of the society until a protection hearing is held. S.L.J. provides evidence that the concerns of the society were mitigated. Thomas J. orders there was sufficient reason to apprehend, but it is in best…

British Columbia (Children and Family Development) v S.M.B. and E.M.Q., 2025 BCPC 83.

Application by B.L. to be added as a party to the file under s. 39(4) of the Child Family Community Service Act (CFCSA), or to be recognized as a care provider and thus granted party status under s. 13 of An Act Respecting First Nations, Inuit and Métis children, Youth and Families (Federal Act). The Court determines that B.L. is…

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

This case is about a six-year-old Indigenous child, J.D., who was removed from her parents’ care and placed in the temporary care of the Director because of serious child protection concerns including sexual abuse and exploitation at the hands of her parents. J.D. is Indigenous on her mother’s side from Gwa’sala-’Nakwaxda’zw Nations. The Director applied for continuing custody of J.D.…

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

J.W. and N.W. (the W’s), cared for the children for multiple years under multiple care agreements as their foster parents. After multiple concerns arise, specifically in relation to the W’s efforts to assimilate the children into Catholicism, they are removed and placed with extended family within their Nation. The W’s seek an order for parenting time, amongst other things. The…

L.L v A.I, 2023 BCSC 1503.

This is an appeal from provincial court pursuant to section 233 of the Family Law Act (FLA). The Trial Judge (TJ) ordered that the child primarily reside with A.I. (non-Indigenous parent) and decisions related to education be made by A.I. L.L. (Indigenous parent) appeals on the basis that the TJ erred in interpretation and application of the law. L.L. submits…

J.N.C. v A.G.H, 2024 BCSC 1783.

Application related to the Hague Convention on the Civil Aspects of International Child Abduction [Hague Convention] for the return of the subject child to Mexico. A.G.H. argues the child is habitually resident to Canada and should remain there. J.N.C. argues habitual residence is Mexico. Hamilton. J applies the Balev framework for Hague Convention Proceedings and determines that A.G.H. fails to…

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…

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