The Supreme Court of Canada has granted the CCF leave to intervene in a case about the scope of the right to equality under section 15 of the Canadian Charter of Rights and Freedoms.
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 is taking 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: Ongoing
Next Key Date: May 14-15 (SCC Hearing)
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