Tag: Historical context considered

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 (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 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 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…