This Action relates to the determination of guardianship of a seven-year-old Indigenous child wherein five parties sought to intervene pursuant to Rules 14.37 and 14.58.

This matter commenced in Court of Justice where, following a five-day trial, Justice O’Gorman awarded guardianship of the then five-year-old child to the maternal uncle and aunt. That decision was appealed by the biological father to the Court of King’s Bench where Justice Rickards dismissed the appeal. The father then sought permission to appeal and was granted permission by Justice de Wit.

In interpreting the test for permission to intervene, the Court cited Rules 14.37(2)(e) and 14.58(1) in support of the ability for a single Justice to grant permission to intervene and impose conditions on such intervention. Rule 14.58(3) was cited for the proposition that intervenors cannot raise novel issues unless permitted.

The Court analyzed the case law interpreting the various factors to be assessed in an Application to Intervene and then considered each proposed intervener on their merits. Antonio J.A. determined that while all the proposed Intervenors had satisfied the Court that they will be affected by the Appeal and that they had particular expertise relevant to some of the issues, not all of them had satisfied the Court of other relevant criteria.

Antonio J.A. determined that the Minister of Justice, the Director of Children and Family Services, Treaty 8 Urban Child and Family Services Society, and Kasohkowew Child Wellness Society were all permitted to intervene on the basis that their submissions would be helpful to the Court in its analysis.

Intervenor status was denied for both the First Nation communities where the biological parents were members on the basis that the Arguments they intended to make were duplicative of another Intervenor or not suitable for Intervenor status.