Francis v. Canada (Ont.) (1999)

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This case involved a Grenadian woman who, after being in Canada without immigration status for nine years, was ordered deported. She had two Canadian-born children; her third child, born in Grenada, was ordered deported with her. The Canadian-born children won a stay of the deportation order from an Ontario court on the grounds that the deportation of their mother would violate their Charter rights, and that the ministry had failed to properly consider their best interests before ordering her to be deported. The federal government appealed this decision to the Ontario Court of Appeal.

LEAF, in coalition, intervened before the Court of Appeal to argue that the rights of the children cannot be considered separate from the rights of their mother, and the well-being of both parties are linked. The African Canadian Legal Clinic took the lead in preparing this case.

The Court of Appeal decided that the case was an immigration case and therefore the stay of deportation had been improper. The Court of Appeal decision did allow for Ms. Francais and her son to remain in Canada while they pursued a new application under the Immigration Act.

Supporting documents
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Ontario Court of Appeal Decision (1999)