The Supreme Court of Canada on Thursday heard a high-stakes case that examined whether unverified refugee claimants are entitled to taxpayer-funded public services such as daycare. The case could redefine equality rights under section 15 of the Charter of Rights and Freedoms, with implications for how provinces provide public benefits to non-citizens. The dispute, Attorney General of Québec v. Kanyinda, centers on Bijou Cibuabua Kanyinda, a Congolese asylum seeker denied access to Quebec’s subsidized daycare program while her refugee claim was pending. Kanyinda, a single mother of three, entered Canada via the illegal border crossing from the US to Canada at Roxham Rd., QC, in 2018, and later received a work permit. She applied for a subsidized daycare spot, which cost $8.60 per day in 2018, compared to $50 for non-subsidized care. Quebec’s policy restricted access to refugees with federally approved claims, excluding asylum seekers, whose application was still under review, according to Global News. .Kanyinda argued the regulation discriminated based on gender and immigration status, violating her Charter rights.“This is about giving other mothers a chance to work and care for their kids,” she told the CBC.The Canadian Constitution Foundation (CCF) and other interveners, however, urged the court to clarify the scope of such discrimination claims, and warned the case could breach equality rights under the Charter — plus, an expansive ruling could strain public resources nationwide.The Quebec Court of Appeal in February 2024 ruled the policy disproportionately harmed women, who often shoulder childcare duties. Quebec’s appeal brought the case to Ottawa..The CCF, represented by Guillaume Pelegrin and Jean-François Trudelle, argued for a “symmetry” principle in the section 15 discrimination test, ensuring consistent group comparisons to curb overly broad claims.CCF Litigation Director Christine Van Geyn in a press release said, “If every restriction on benefits is deemed discriminatory, we face either unsustainable program expansion or fiscal collapse.”The CCF cited the 2023 Sharma decision, which held that not all differential treatment is unconstitutional, to argue that Quebec’s policy is a legitimate resource allocation..Quebec’s Family Minister Suzanne Roy estimated that extending daycare access to all asylum seekers would require 88 new facilities, costing $300 million in infrastructure and $120 million annually in subsidies, plus 900 educators, according to CTV News.“Our system is stretched thin,” said Roy on X.The Canadian Bar Association in a statement argued a ruling favoring Kanyinda could broaden equality claims for non-citizens, affecting programs like healthcare and education.
