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How are child protection cases affected if you self-identify as an Aboriginal person?

The Act can also affect your rights if you are in a child welfare situation, for example, if the Children’s Aid Society has taken or is threatening to take your children into care.

In this case, the Act recognizes that Aboriginal people should be allowed to provide their own child and family services whenever possible. All services to Aboriginal children and families "should be provided in a manner that recognizes their culture, heritage and traditions and the concept of the extended family" (s. 1(5) Child and Family Services Act).

The court may consider your child’s Aboriginal identity, heritage and traditions. However, the best interests of the child are the still the most important factor when the court is making its decision.