Law360 Canada ( June 6, 2025, 1:11 PM EDT) -- Appeal by Appellant, a foster mother, from the Family Court’s decision denying her Emergency Interim ex parte Application for injunctive relief to prevent the foster child’s removal from her care. The child, an Indigenous boy born in Nunavut in 2016, was in the custody of the Nunavut Director since he was six months old. The appellant was the child’s foster mother since January 2018, and they developed a strong bond. The child experienced significant improvements in his development under the appellant’s care, including overcoming childhood trauma and learning communication skills. The Nunavut Director planned to relocate the child to Ottawa to be with his siblings, citing the Federal Act respecting First Nations, Inuit, and Métis children, which emphasized cultural continuity and the importance of maintaining connections with family and Indigenous communities. The appellant filed an Originating Application and an Emergency Interim ex parte Application to prevent the child’s removal, arguing that the sudden relocation would cause irreparable harm to the child and that his best interests were served by remaining in her care. The Family Court judge denied the Emergency Interim ex parte Application without oral submissions or appearances by counsel, citing procedural fairness concerns and the need for an inter partes hearing. The judge also referenced the Federal Act, prioritizing the child’s placement with family or Indigenous community members. The appellant filed an Application for a Stay to prevent the child’s removal until the appeal was heard. The stay was granted, and the appeal was expedited. The appellant argued that the Nunavut Director should not remove the child from her care until the Originating Application was decided on its merits. The appellant provided evidence of her long-term care for the child, his developmental improvements, and her efforts to maintain his cultural and family connections. She expressed concerns about the child’s ability to communicate and develop in a new setting with multiple caregivers....