The Supreme Court of Canada has made a decision stating that Quebec cannot prevent asylum seekers from accessing subsidized daycare services. In a ruling of 8-1 released on Friday, the Supreme Court dismissed Quebec’s appeal against a previous court ruling. Supreme Court Justice Andromache Karakatsanis concluded that Quebec’s regulations on subsidized daycare, implemented during the previous Couillard government, discriminate against women refugee claimants and violate their Charter rights. The ruling highlighted the unique discriminatory impact on women due to their higher share of child-care responsibilities. Denying refugee claimants access to subsidized daycare not only hinders their ability to work but also further isolates them from Quebec society. The Supreme Court emphasized that all refugee claimants who are parents should have access to subsidized daycare, regardless of having a work permit.
Quebec’s subsidized daycare system, which aims to provide affordable child care in the province, has been a sought-after service for years. The case originated from Bijou Cibuabua Kanyinda, a woman from the Democratic Republic of Congo, who was denied access to subsidized daycare for her three children as per Quebec’s rules. The Quebec government argued that the daycare system lacked the capacity to accommodate a large number of asylum seekers, citing existing lengthy waitlists. However, the Supreme Court ruled that the province failed to demonstrate how excluding asylum seekers aligns with the goal of limiting daycare services to those with a significant connection to Quebec.
The ruling has been welcomed by community groups and individuals like Tanya Henriques and Sohair Kedana, who see it as a step towards regaining dignity and integration. Quebec’s political leaders, including Bernard Drainville and Christine Fréchette, have expressed intentions to use the notwithstanding clause to prioritize Quebecers in subsidized daycare access. Opposition parties have criticized the ruling, with concerns raised about the impact on Quebec families. Nonetheless, the Supreme Court’s decision stands, emphasizing equal access to subsidized daycare for all refugee claimants who are parents.