Baker V. Canada (Minister of Citizenship and Immigration) - Reasons of The Court

Reasons of The Court

Justice L'Heureux-Dubé, for the majority, allowed the appeal. On the issue of determining the content of the duty of fairness, she outlined several factors that should be taken into consideration:

1. the nature of the decision being made and process followed in making it;
2. the nature of the statutory scheme and the terms of the statute pursuant to which the body operates;
3. the importance of the decision to the individual or individuals affected;
4. the legitimate expectations of the person challenging the decision;
5. the choices of procedure made by the agency itself.

L'Heureux-Dube also considered the domestic use of international law in Canada.