The Case Of Ms. Mavis Baker

Ms. Mavis Baker was a Jamaican woman who came to Canada as a visitor in 1981 and lived illegally in Canada for 11 years as a domestic worker. During her stay in Canada, she had four children.
Eventually she suffered an attack of post partum and during her illness she had applied for welfare.She had then sent her two children to stay at foster care and two of them with their father.
After she improved, she bought her two children, who were with their father as the father had his own family and was not in a financial position to support Ms. Baker and her children.
Because of her illegal stay, she was deported from Canada. She applied for her admission to Canada under Humanitarian and Compassionate category for herself and her children, but the government had rejected her application.
Ms Baker felt that her case was biased
Whenever we find there is a dispute of access and custody in the court, the child’s right will be considered as the primary base of the case. The court will first give more weightage to the child’s interest, rather than the parent’s concerns, issues and their interests. The UN Convention on the Rights of the Child ,a human rights treaty, signed by 191 countries, has designed various universal rules for human rights . These rights are applicable to all the children across, without any exceptions, and UN has designated the responsibility to the country’s government to ensure that these rights of children are being taken care. According to the UN conventions, every child has the right of protection from abuse, exploitation, right of providing education, good living standards and healthcare. Article 3 of this convention states that in every situation, the rights of children have to be given primary consideration, whether it is being undertaken by the courts, administrative and legal bodies or welfare