David Cohen’s Blog: In the Interest of Children

In immigration law, we come across many situations where the decision taken greatly impacts the welfare of children. In 1999, the Supreme Court of Canada ruled on a case (Baker v. Canada) which brought the interests of children to the forefront in immigration matters. In that case, a woman with 4 Canadian-born children was ordered deported from Canada despite the concerns for her own medical treatment in her country of origin and the effect her removal would have on her children. In the ruling, the Court specified that in making decisions on humanitarian and compassionate grounds for immigration, officials are required to pay "close attention to the interests and needs of children, since children's rights and attention to their interests are central humanitarian and compassionate values in Canadian society". The Baker decision is now nearly 10 years old and not nearly enough has been done to put its recommendations into practice.

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