Ms. Baker Case Summary

Baker’s case had raised wide public concern on illegal immigrants and “passport babies” at that time and had a great impact on how children’s rights are respected in immigration proceedings.
Ms. Baker, a Jamaican woman who came to Canada in 1981 as a visitor, didn’t leave Canada in time and after that had been illegally stayed in Canada for 11 years. She had 4 children before she came to Canada and had another 4 during her illegal stay in Canada. Later, she was diagnosed with paranoid schizophrenia and applied for social warfare since she couldn’t support herself financially. In 1992, Ms. Baker was deported by the government due to her illegal stay. However, she applied for her permanent residence outside Canada based on humanitarian and compassionate considerations. Her case, however, was rejected later in 1994 by CIC. Ms. Baker’s counsel thus sought judicial review on her case. They appealed to the Supreme Court of Canada and were granted reconsideration. Based on the consideration that Ms. Baker had 2 children who were Canadian citizens and were in her direct custody, “to the best interests of the child(ren)”, the court decided that Ms. Baker can stay in Canada with her children. Ms. Baker later applied for her permanent residency again and was approved by CIC.

Ms. Baker

In the past, illegal immigrants would immediately be deported even if they have children born in Canada and are Canadian citizens. Children were sent to foster care or other CAS facilities, and can only support their parents to Canada after they are 18 years old. However, Ms. Baker’s case paved the way for new humanitarian and compassionate assessment based on the best interests of a child. If any child is directly affected (which means the child might experience hardship) by the decision that CIC made, the case should be re-assessed based on humanitarian and compassionate