Indigenous heritage doesn’t overrule other factors in adoption: B.C. court

Unanimous decision is latest ruling on how much weight cultural identity should have in adoptions

The B.C. Court of Appeal has ruled that Aboriginal heritage must be considered when placing an Indigenous child with an adoptive family, but it does not overrule all other factors in deciding their best interests.

The unanimous decision issued today is the latest ruling grappling with the issue of how much weight should be given to cultural identity when First Nations, Metis or Inuit children are being adopted.

The case involves a 10-year-old Aboriginal boy who was legally adopted by a non-Indigenous father and a mother who is Aboriginal who have raised the boy since he was 14 months old.

He was removed from his biological mother’s care at birth when cocaine was detected in his bloodstream, but the woman later went through substance abuse recovery and appealed the adoption order.

She argued the judge who issued the order did not adequately consider the boy’s heritage, but the panel of five judges ruled that Aboriginal background is just one of several factors that must be weighed.

Last year, the appeal court ruled against a Metis foster mother who was fighting to adopt a Metis toddler she had raised since birth.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Salmon Arm RCMP recover stolen property near Lyman Hill

One person arrested, officers appear to be searching side of Highway 1

Salmon Arm to hold two peaceful protests in solidarity with Black Lives Matter

June 4 and 6 protests to fight for justice for victims of police brutality, against systemic racism

Vehicle stolen in Revelstoke recovered near Salmon Arm after occupants suffer overdoses

Police say they were alerted to the vehicle after occupants treated by ambulance after drug use

Transport truck driver walks away from crash where cab detaches from trailer

Driver won’t be charged regarding incident near Pritchard

Sicamous RCMP catch driver going twice the speed limit

The car was impounded for seven days and the driver received a hefty fine

WATCH: North Okanagan golf cart stolen, then returned

Homeowners have footage of two men taking the cart and then bringing it back

Police watchdog investigating fatal crash in Kelowna

Kelowna RCMP received a report of a single-vehicle collision on Bulman Road near Highway 97 on June 1

Kelowna council greenlights ‘The Wedge’

The wedge-shaped building will be built at the corner of Leon Avenue and Water Street

Province looks to seize Kelowna home owned by alleged drug trafficker

Michelle Collins and Nigel Byrne were also recently investigated by Kelowna RCMP for drug trafficking

22 new COVID-19 test-positives, one death following days of low case counts in B.C.

Health officials urged British Columbians to ‘stand together while staying apart’

John Horgan says COVID-19 restrictions won’t be eased regionally

B.C. Liberals urge ‘tailored’ response based on infections

Highway 1 closed after body found near Hope

Coroners Service reportedly on the scene, highway has been closed for 10 hours in both directions

Feds get failing grade for lack of action plan on anniversary of MMIWG report

‘Instead of a National Action Plan, we have been left with a Lack-of-Action Plan’

Most Read