Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
Court proceedings can start in a few different ways. In every case, the Ministry or FNCFS Agency has to prove to a judge that your child is in need of protection. If they have apprehended your child, they must prove that your child is at risk of serious harm.
Your child has been removed from your care (apprehended) and not returned to you within 48 hours
In the case of apprehension, a case worker must apply for a protection hearing within 7 days, not counting the day the child was apprehended. The hearing must begin within 30 days from the date of the application. This means, for example, that if your child is apprehended on January 7, the case worker must either return the child to you by January 9 or make a court application by January 14. And the date set for the hearing of that application would have to be not later than 30 days after the date they file that application.
In many cases however, the hearing is unlikely to actually take place or be concluded within those 30 days. There are many reasons a hearing may be adjourned. See Adjournments. A lawyer can help you to make sure there are no unnecessary adjournments.
Your child has been living outside of your care under a Section 9 Agreement for almost 24 months
The law says that a child can only be in care under a section 9 Agreement for a total of 24 months. For a child to remain in care, a court application is required. A case worker has to make an application to court and the date set for the hearing must be sometime before the 24-month mark.
You refused to sign a Family Services Agreement
If a case worker believes your child is in need of protection but you do not agree to sign a Family Services Agreement, the case worker has 30 days after giving notice of the need for protection to apply for a hearing to let a judge decide. This means, for example, that if the case worker gives you a Letter of Notification of Child in Need of Protection on January 7 and they don't reach an agreement with you about family services, they would have to make a court application by February 13. And the date set for the hearing would have to be not later than 30 days after the date they make that application.
As above, adjournments are likely and in most cases the hearing is unlikely to actually take place within those 30 days. See Adjournments. A lawyer can help you to make sure there are no unnecessary adjournments.
