“I adopt the reasoning and guidelines set out by Hardman J. in Bruce Grey Child and Family Services v. A.B.-C., 2018 ONCJ 516, at paras. 10-40, regarding the importance of exploring and determining at the earliest opportunity whether a child is a “First Nations, Inuk or Métis child” under the Act and Regulations and, in the case of a connection with a First Nation, the need for service on any identified band. The band name of the Algonquins at the G[…] reserve is the Algonquins of P[…]. This is the band that must be served with notice of these proceedings and given the opportunity of being a party to these proceedings in accordance with s. 79(1) of the Act.
The Society urged me not to make a finding that the children in this case are First Nations children. Given the uncontroverted evidence before me, I could not accede to this request. The Society’s counsel then urged me to continue with the trial while notice is being given to the Algonquins of P[…], even though they would not initially be present at the trial. Clearly, that would not have been appropriate. I shared the Society’s concern that this late development will result in further delay in a final decision being made to further the children’s best interests through a permanent and stable plan for their care. The two girls have been in care for a period way beyond that statutory timelines. Nevertheless, the Legislature has made it clear that it is of great importance in our quest for reconciliation with our First Nations peoples to protect their right to participate in decision-making regarding the welfare of First Nations children.
Section 79(7) of the Act allows the court to dispense with notice to a person where the court is satisfied that the time required for notice to that person might endanger the child’s health or safety. No evidence was provided on the motion as to how the health and safety of any of the children currently in care would be negatively impacted by a further delay in these proceedings. In saying that, I do not want to be seen as ignoring the harm that can be caused through a delay in creating a permanent, healthy, stable home environment for children. However, in the balancing act required in applying this legislation, significant weight must to be given to the rights of our First Nations communities to further the welfare of their people.”
Children’s Aid Society of Ottawa v. M.G., 2019 ONSC 6142 (CanLII) at 14-16