Mavis Baker Case Summary
Baker v Canada was a monumental court preceding that entailed a Jamaican woman with Canadian children whom had overstayed her visit to Canada by eleven years. This was one of the few cases that provided a voice for the children involved. It leads to a precedent for immigration and also non-immigration matters where the best interests of the child were taken into account.
Mavis Baker was a Jamaican national that had obtained a visitor visa to Canada. Upon the expiration of her visitor visa, she continued to stay in Canada. She worked as a housekeeper illegally for the time she resided in Canada. Baker had four children in Jamaica and had four more children that were all born in Canada. She applied for permanent resident …show more content…
In some cases it may include the safety or health of the children should they be moved or taken to a different location as in the Baker case. In other cases where custody of the child is in concern, it may depend on whom the court deems can provide the best environment for the child to thrive. One such case was Libbus v Libbus 2009 where the parents of a child both wanted the child to attend the school of their choosing. The husband wanted a neighborhood school where the child was accustomed and the wife wanted a school where their Jewish faith was supported. The couple had previously agreed that it was important for their child to be aware of the Jewish culture therefore the wife ultimately won this proceeding. It was decided that it was in the best interest of the child to not lose touch with their cultural identity.
Furthermore, cases like Craig v Antone 1987 are examples of cases where the court has taken strong measure to assure the best interests of the child. The father of the child was grated no access to the child even under supervision despite living in the same province. This was mainly due to substance abuse and criminal activity of the father. The court decided that contact with the father would be harmful to the child in the present and
Mavis Baker was a Jamaican national that had obtained a visitor visa to Canada. Upon the expiration of her visitor visa, she continued to stay in Canada. She worked as a housekeeper illegally for the time she resided in Canada. Baker had four children in Jamaica and had four more children that were all born in Canada. She applied for permanent resident …show more content…
In some cases it may include the safety or health of the children should they be moved or taken to a different location as in the Baker case. In other cases where custody of the child is in concern, it may depend on whom the court deems can provide the best environment for the child to thrive. One such case was Libbus v Libbus 2009 where the parents of a child both wanted the child to attend the school of their choosing. The husband wanted a neighborhood school where the child was accustomed and the wife wanted a school where their Jewish faith was supported. The couple had previously agreed that it was important for their child to be aware of the Jewish culture therefore the wife ultimately won this proceeding. It was decided that it was in the best interest of the child to not lose touch with their cultural identity.
Furthermore, cases like Craig v Antone 1987 are examples of cases where the court has taken strong measure to assure the best interests of the child. The father of the child was grated no access to the child even under supervision despite living in the same province. This was mainly due to substance abuse and criminal activity of the father. The court decided that contact with the father would be harmful to the child in the present and