The children of asylum seekers will finally have access to CPE and subsidized daycare. The Court of Appeal has just dismissed the government of Quebec, which challenged a first judgment of the Superior Court rendered in May 2022. Made public today, the new decision also concludes that excluding asylum seekers from daycares “ constitutes discrimination based on sex.
The Consultation Table of Organizations Serving Refugees and Immigrants (TCRI) says it is relieved by such a decision, which will immediately restore access to daycare for the children of asylum seekers. “Wow. We are very happy and we hope that the government does not persist by going to the Supreme Court,” said Stephan Reichhold, director of the TCRI.
For him, this decision will have a “very positive impact” on the job market, particularly for women. “It will fundamentally change the lives of thousands of asylum seekers, especially for women who were forced to stay at home with young children,” he added. And fewer people will resort to social assistance since they will be able to return to the job market, he argues. “So it pays off for the government too. Everyone wins from this. »
This decision puts an end to a saga which lasted 4 years. It all started in 2018, following a reinterpretation of article 3 of the Regulation on the reduced contribution of the Educational Childcare Act. Until then, access to daycare at $8.50 per day was granted to any person holding a “work permit and [qui] stays in Quebec mainly to work there. Suddenly, the Liberal government of the day decided that asylum seekers were not here “primarily” to work and excluded them from the definition.
The Daycare Access Committee took the case to court and, in May 2022, the Superior Court of Quebec ruled in favor of the asylum seekers, recognizing that the Quebec government did not have the powers to reinterpret an article of the regulation on the reduced contribution to childcare services. A few weeks later, the CAQ government appealed the decision.
Lawyer Sibel Ataogul, who brought this case pro bono with her team, was deeply delighted with this decision. “We did it because for us, humanly, it made no sense. They were excluded, but they were the people who needed it the most. »
According to her, the Court of Appeal also closes the door to any legislative modification allowing asylum seekers to be excluded from daycare centers. “It opens the door to government, but puts a dome over the house. »
More details will follow.