Finding and Disposition
The Federal Court rejected the application. The Federal Court of Appeal agreed and held that the evaluation of the application did not need to be founded on the best interests of the child. On appeal, The Supreme Court of Canada reversed this decision. It held that procedural fairness required the decision-maker to consider the human rights of Baker's children. Children's human rights are outlined in the international Convention on the Rights of the Child. The Supreme Court said that decision-makers must be “reasonable.” They also found that Ministerial decisions in this case should follow values that are in international human rights law. The disposition in the case was that the matter was returned to the Minister for redetermination by a different immigration officer.
Read more about this topic: Baker V. Canada (Minister Of Citizenship And Immigration)
Famous quotes containing the words finding and/or disposition:
“If everybody is looking for it, then nobody is finding it. If we were cultured, we would not be conscious of lacking culture. We would regard it as something natural and would not make so much fuss about it. And if we knew the real value of this word we would be cultured enough not to give it so much importance.”
—Pablo Picasso (1881–1973)
“It is an immense misfortune to the empire to have a king of such a disposition at such a time. We are told and every thing proves it true that he is the bitterest enemy we have.... To undo his empire he has but one truth more to learn, that after colonies have drawn the sword there is but one step more they can take.”
—Thomas Jefferson (1743–1826)