Tag: Cultural continuity
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…
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 (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…
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…
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 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…
EL v Alberta (Children and Family Services), 2025 ABCJ 89.
Application for access three times a week by EL and MC with CS (the child) who is the subject of a temporary guardianship order.
