Alouache v. Canada ( Minister of Citizenship and Immigration )
A-681-95
Strayer J.A.
26/4/96
2 pp.
Certified question: where one of separated parents of Canadian children facing inquiry possibly resulting in deportation and consequently loss of emotional, financial, other support from that parent, do children have right to be independently represented at proceedings-Nothing in Immigration Act, s. 32.1(4), (5), conferring on adjudicator discretion to issue departure rather than deportation order, explicitly or implicitly requiring him to receive representations from children of person under inquiry-As child having no independent constitutional right to assert against deportation of parent (Langner v. Minister of Employment and Immigration et al. (1995), 184 N.R. 230 (F.C.A.)), Charter, s. 7 not providing children of potential deportee any right of representation at such inquiries-Application for appointment of litigation guardian denied as children having no legal interest in matter of father's deportation; certified question answered in negative; appeal dismissed-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7-Immigration Act, R.S.C., 1985, c. I-2, s. 32.1(4) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 12), (5) (as enacted idem).