Baker V. Canada (Minister of Citizenship and Immigration) - Finding and Disposition

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.