On May 15, 2025, the Canadian Constitution Foundation appeared at the Supreme Court of Canada to intervene in a case on the scope of equality rights under section 15 of the Charter. On March 6, 2026, the Supreme Court of Canada found that Quebec discriminated against female asylum seekers on the basis of sex by denying them access to subsidized daycare while they await decisions on their refugee claims.
Quebec will need to provide the benefit unless it uses section 33 of the Charter, the notwithstanding clause, to pass a law to deny the benefits.
In 2018, Ms. Bijou Cibuabua Kanyinda, a Congolese woman, crossed into Canada at Roxham Road with her three children and filed for refugee status. While waiting for her refugee claim decision, she was granted a work permit in Quebec but was denied access to subsidized daycare spots for her children. Quebec’s subsidized daycare program at the time only accepted individuals whose refugee status had been confirmed by the federal government. Ms. Kanyinda challenged this policy under section 15 of the Charter, which guarantees equal protection and benefit of the law without discrimination.
The Quebec Court of Appeal ruled in Ms. Kanyinda’s favour in February 2024, finding that the provincial policy was discriminatory, particularly against women, as it hindered their participation in the workforce.
The CCF took this decision to the Supreme Court to address the ongoing legal debate surrounding the interpretation and application of section 15 and to argue that governments should be able to set limits on access to benefits programs.
Equality in the Charter (Québec c. Kanyinda)
CCF Launch: March 28, 2025
Jurisdiction: Supreme Court of Canada
Status: Closed
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