“The definition of a First Nations, Inuk or Métis child is contained in s. 1 of Ontario Regulation 155/18, General Matters Under the Authority of the Lieutenant Governor in Council under Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1. This definition reads as follows:
Interpretation, First Nations, Inuk or Métis child
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- A child is a First Nations, Inuk or Métis child for the purposes of the Actif,
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(a) the child identifies themself as a First Nations, Inuk or Métis child or a parent of the child identifies the child as a First Nations, Inuk or Métis child;
(b) the child is a member of or identifies with, as determined under section 21 of Ontario Regulation 156/18 (General Matters Under the Authority of the Minister) made under the Act, one or more bands or First Nations, Inuit or Métis communities; or
(c) it cannot be determined under clause (a) or (b) whether the child is a First Nations, Inuk or Métis child but there is information that demonstrates that,
(i) a relative or sibling of the child identifies as a First Nations, Inuk or Métis person, or
(ii) there is a connection between the child and a band or a First Nations, Inuit or Métis community. (emphasis added)
In the present case, the children’s identification as Inuit meets the definition under s. 1(a) of the Regulation. I am mindful of the statements of Justice Bale in CCAS v. M.P. et al., 2021 ONSC 6788 wherein she joined with other justices in calling for a solid evidentiary basis before determinations of Indigenous identity are made. As Justice Bale stated:
It would be offensive to Indigenous people to permit non-Indigenous persons to appropriate the considerations and safeguards under the CYFSA that are intended to acknowledge historic injustices and redress present-day disadvantages that they do not share. Surely, something more than a simple self-declaration of identity is needed: CCAS v. M.P. at para 49.”
The Children’s Society of Ottawa v. N.D., 2024 ONSC 6200 (CanLII) at 11-12