COURT OF APPEAL FOR ONTARIO

DATE: 20000323

DOCKET: C30073

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.

[4] The appeal is therefore dismissed.