COURT OF APPEAL FOR ONTARIO
RE: FASHION JOHN, TUSHON JOHN, LOSHON JOHN Through their Litigation Guardian Cartusha Skyers (Appellants) v. MINISTER OF CITIZENSHIP AND IMMIGRATION (Respondent)
BEFORE: FINLAYSON, ABELLA and O’CONNOR JJ.A.
COUNSEL: Roger Rowe for the appellants Donald McIntosh and Jeremiah Eastman for the respondent
HEARD: March 22, 2000
On appeal from the order of Dambrot J. dated May 29, 1998.
E N D O R S E M E N T
[1] We are not persuaded that we should interfere with the decision of Dambrot J. In our view, he properly exercised his discretion and declined jurisdiction to hear this application.
[2] Counsel for the appellant expressed a concern that in the event this court dismissed this appeal, there is nothing to prevent the Minister from deporting the children’s litigation guardian, who is also the children’s caregiver, and who is presently subject to a removal order in her personal capacity.
[3] We were advised by counsel for the Minister that the litigation guardian is in a position, and has been for some time, to make an application under s. 114(2) of the Immigration Act to be permitted to remain in Canada on humanitarian and compassionate grounds. We assume that the Minister will not implement the removal order until there has been a reasonable opportunity to bring the appropriate proceedings under the Immigration Act.
4The appeal is therefore dismissed.