Tag: Priority placement

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…


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…


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…


AK v JJ, 2024 ABCA 324.

After NK was removed from her mother’s care in 2018 and was placed with her maternal aunt and uncle (the Respondents) under a Customary Care Agreement (CCA), which her father, AK, later revoked. Despite AK seeking reunification and opposing the guardianship application, the trial judge granted permanent guardianship to the Respondents, concluding that it was in NK’s best interests to…


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