The issue was what standard of procedural fairness should be applied when considering the judicial review of the waiver of the requirement that applications for permanent residence be filed from abroad.

The Federal Court of Appeal agreed and held that the evaluation of the application did not need to be founded on the best interests of the child.

On the issue of determining the content of the duty of fairness, she outlined several factors that should be taken into consideration: L'Heureux-Dubé also considered the domestic use of international law in Canada.

[1] Baker appealed to the Supreme Court of Canada for review of the administrative decision denying her application for permanent residence on humanitarian and compassionate grounds.

Baker further argued that the duty of fairness owed her by the Minister meant that the decision-makers should be free from any "reasonable apprehension of bias".

Instead, the court argued that there is great "difficulty in making rigid classifications between discretionary and non-discretionary decisions".