This case is about refugee claimant women’s eligibility for subsidized daycare in Quebec. 

LEAF is intervening before the Supreme Court of Canada. 

Facts 

In the 1990s, Quebec created a subsidized educational childcare program which has significantly improved the participation of women in the workforce. However, in 2018, the Quebec government shifted its eligibility regulations so that refugee claimants with work permits were no longer eligible for the subsidy.  

Ms. Kanyinda is originally from the Democratic Republic of Congo and entered Quebec with her three young children in 2018. She made a refugee claim once arriving and obtained a work permit while her claim was being processed. However, she was denied because s. 3 of the Reduced Contribution Regulation excludes refugee claimants from eligibility. Ms. Kanyinda did not have family or informal childcare options so, as a result of the exclusion and despite having a valid work permit, she was unable to work. 

Ms. Kanyinda challenged the regulation as indirect discrimination based on sex- since the measure disproportionately impacts refugee claimant women- and as direct discrimination based on immigration status and citizenship. While the trial judge dismissed her Charter claims, the Quebec Court of Appeal found that the regulation discriminated on the basis of sex, though it declined to consider her immigration status or citizenship claims. Quebec is now appealing this finding of discrimination. 

Arguments 

LEAF will focus our arguments on the Charter s. 15 equality analysis in adverse impact discrimination claims. We will highlight how consideration of the circumstances and characteristics of the claimant group is necessary in both stages of this analysis, to fully account for the experiences of claimants with intersecting group membership. We will also argue that when governments choose to enact remedial legislation- in this case to improve women’s access to the labour market- they must do so without discrimination against the most marginalised among the legislation’s targeted group. 

Outcome 

The Supreme Court will hear arguments in this case in May 2025.  

LEAF is grateful to be represented by Olga Redko and Vanessa Ntaganda (IMK LLP).  

LEAF’s interventions are guided, informed, and supported by a case committee with expertise in the relevant issues. We are grateful to this intervention’s case committee members (in alphabetical order): Grace Ajele, Jennifer Koshan, and Colleen Sheppard.