T., Re, (1983) 50 A.R. 237 (NWTSC)

• Judge: Marshall, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: July 21, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 50 A.R. 237 (NWTSC)

T., Re (1983), 50 A.R. 237 (NWTSC)

MLB headnote and full text

Re T.

(No. SC 2353)

Indexed As: T., Re

Northwest Territories Supreme Court

Marshall, J.

July 21, 1983.

Summary:

A married couple, one of whom was Caucasian, applied for a declaration that their adoption of an Inuit child by native custom was valid. The Northwest Territories Supreme Court allowed the application.

Family Law - Topic 1409

Adoption - Native custom adoptions - The Northwest Territories Supreme Court held that native custom adoptions were legal and as effective as those under the Child Welfare Ordinance 1961, c. 3 - The court held that the role of the court in such matters was declaratory, to certify that an adoption by native custom occurred - The court set out the criteria to apply in such cases.

Cases Noticed:

Re Katie's Adoption Petition, 38 W.W.R.(N.S.) 100, consd. [para. 4].

Re Indian Custom Adoptions; Re Beaulieu's Petition, 67 W.W.R.(N.S.) 669, consd. [para. 13].

Re Deborah E4-789, [1975] 5 W.W.R. 203, consd. [para. 15].

Re Wah-Shee (1975), 57 D.L.R.(3d) 743, consd. [para. 17].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 35(1) [para. 22].

Child Welfare Ordinance O.N.W.T. 1961, c. 3 [paras. 5 to 12, 14 to 17].

Counsel:

W. Wilkins, for the Government of the N.W.T.

This application was heard before Marshall, J., of the Northwest Territories Supreme Court, at Eskimo Point, Northwest Territories, on July 21, 1983. The decision of Marshall, J., was delivered at Yellowknife, Northwest Territories, on July 21, 1983.