Quebec will challenge in the Supreme Court the recent decision of the Court of Appeal giving access to subsidized daycare to asylum seekers. The Ministry of Family also filed a request for a stay of execution of this judgment, rendered on February 7.
“After analyzing the judgment, the government has decided to submit a request for authorization to appeal to the Supreme Court of Canada,” the Ministry of Families informed the management of the Early Childhood Centers (CPE). “He also filed a request for a stay of execution of the judgment rendered by the Court of Appeal, until the Supreme Court of Canada has rendered a judgment putting an end to the debate. »
Tuesday, as reported The dutydirectors of subsidized childcare services and asylum seekers were concerned about the silence of the Ministry of Family and deplored not having received a directive to register the children of asylum seekers, who regained this right ago two weeks.
On February 7, the Court of Appeal dismissed the Quebec government’s appeal and concluded that excluding asylum seekers from daycares constituted “discrimination based on sex.”
What Quebec contests
The office of the Minister of Families, Suzanne Roy, said it “deeply disagrees” with the interpretation of the judges of the Court of Appeal on this point, while recalling that equality between men and women is a value “fundamental” of Quebec society. “That being said, we are obviously sensitive to the situation of asylum seekers. Quebec will always be one of the most welcoming places in the world,” reads a written statement. “However, we must be realistic and consistent. The financial and human impacts must be taken into consideration. Quebec welcomes 55% of Canada’s asylum seekers even though it only represents 22% of its population. »
In his request, the Attorney General of Quebec argues that the integration of women is not an advantage conferred by the Regulation respecting the reduced contribution for a place in subsidized daycare. What is conferred by the law is “the possibility of benefiting from a reduced contribution for a place in subsidized daycare, regardless of gender or desire to enter the labor market”. “The Court confuses” the two, believes the prosecutor.
He requests that the application of the judgment of the Court of Appeal be suspended since this imposes a solution on the government while the courts “have not ruled definitively on the questions raised by this case”. According to him, there are 8,345 asylum seekers aged 0 to 4 years and the number of daycare places is “limited”. “The rapid increase [des demandeurs d’asile] exerts pressure on Quebec’s resources.
Of the relentlessness
Maryse Poisson, who is an activist within the Daycare Access Committee, is saddened by this “relentlessness” of the Legault government. “Once again, he wants to refuse asylum seekers even though we have been fighting for 5 years pro bono before the courts, which actually ruled in our favor twice. We find it relentless to still want to suspend this latest decision,” she declared.
For meme Poisson, director of social initiatives at the Welcome Collective, this challenge from the government echoes the “negative exit” of several CAQ ministers who recalled the high costs involved in welcoming asylum seekers. “It is extremely contradictory to complain that asylum seekers are expensive in social assistance while they are prevented from sending their children to daycare to enable them to work and pay taxes,” he said. she asserted.
The member for Saint-Henri — Sainte-Anne, Guillaume Cliche-Rivard, considers it “disappointing” to see the government “obstinately pointing the finger at asylum seekers. » “It is not by preventing their children from attending our CPE that the situation will improve. » For him, it is “embarrassing” and “unproductive” that Quebec insists on winning a cause that it has already lost twice.
The interim leader of the Liberal Party, Marc Tanguay, reiterated his support for the decision of the Court of Appeal, which provides access to subsidized daycare for asylum seekers. “Basically, we think it’s the right decision,” he said during a press briefing. “We know that Quebec does its fair share for asylum seekers, but those we welcome who can […] maybe go to work, it is important that we [leur] offers the service. »