Provincial Court of British Columbia Judge Flewelling ruled on March 13 in favour of a Huu-ay-aht mother, ordering that her baby must be returned to the custody of her mother no later within days. The mother and child will reside in Port Alberni with Huu-ay-aht family.
Just three weeks after obtaining an order in BC Supreme Court to allow a young indigenous mother sufficient access to her newborn to allow for breastfeeding and to foster a maternal bond, Ratcliff lawyer Maegan Giltrow, together with Melinda Skeels, was back in court on the matter, where the Director of Children and Family Development was seeking to reduce access for the mother.
B.C. Supreme Court order providing Indigenous mother daily access to newborn could set national precedent
A BC Supreme Court ruling that orders the provincial government to ensure an Indigenous mother has daily access to her newborn child so she does not lose her maternal bond could impact other First Nations throughout the country. Maegen Giltrow, legal counsel for Huu-ay-aht and the mother, described the ruling as an important victory.
The B.C. Supreme Court overturned a B.C. Oil Commission pipeline approval due to failure to consult with Fort Nelson First Nation and address their concerns about the impact of a new natural gas pipeline on caribou.
The Federal Court of Appeal has ordered Ottawa to renegotiate the terms under which the Trans Mountain pipeline crosses a Coldwater Band reserve, raising new questions about the fate of Kinder Morgan Inc.’s federally approved plan to expand the pipeline.
On September 5, Canada withdrew its application for a judicial review of a Specific Claims Tribunal decision in Attorney General of Canada v Huu-ay-aht First Nation. The Specific Claims Tribunal decision awarding the Nation $13.8 million in compensation for breaches of duty will stand.
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