Alouache v. Canada ( Minister of Citizenship and Immigration )
IMM-3397-94
Gibson J.
11/10/95
9 pp.
Rights of deported parent's children-Application for judicial review of conditional deportation order issued by adjudicator in June 1994 against applicant as inadmissible-Applicant, citizen of Algeria, came to Canada in 1989, married Canadian citizen in August 1989, and had two children-Marriage broke down and wife's sponsorship withdrawn-Convicted of three summary conviction offences related to applicant's difficult relationship with wife-Application dismissed-Although convictions related, cannot be considered as arising out of single occurrence-Adjudicator did not fail to exercise discretion to issue conditional departure order rather than conditional deportation order-Thoroughly reviewed circumstances-Adjudicator, in conducting and concluding inquiry without hearing independent representations on behalf of children, did not breach their right to life, liberty or security under Charter, s. 7-Rights to life and liberty not at issue-Right to security not threatened despite loss of care and attention of father: Langner v. Canada (Minister of Employment and Immigration), [1995] F.C.J. No. 469 (C.A.) (QL)-Question certified: Where one of separated parents of Canadian children facing inquiry which may result in deportation of that parent and consequently loss of emotional, financial and other support from that parent, do children have right to be independently represented at those proceedings?