This article originally appeared in the National Post. Below is an excerpt from the article.
By Kerry Sun, March 10, 2026
On Friday, the Supreme Court of Canada delivered its latest stupefying ruling. According to an 8–1 majority in the case of Quebec (Attorney General) v. Kanyinda, the Charter requires the Quebec government to extend subsidized daycare benefits to refugee claimants — asylum seekers who have not yet proven the legitimacy of their claim to refugee status. Founded on a prevalent but contentious reading of constitutional equality rights, the court’s reasoning has far-reaching potential to destabilize parts of the nation’s immigration and social welfare systems.
Until last week, Quebec law granted daycare subsidies to certain categories of parents, including Canadian citizens, permanent residents, and those with approved refugee status. When Bijou Cibuabua Kanyinda, the plaintiff in this case, arrived in the province and sought asylum in 2018, she fell into none of those categories. Aided by cause lawyers, and a coterie of social justice interveners (third party interest groups who submit arguments to the court), Kanyinda argued that the exclusion of refugee claimants from this welfare scheme amounted to unconstitutional discrimination.
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Kerry Sun is a doctoral student at the University of Oxford and a member of the Macdonald-Laurier Institute’s Judicial Foundations Project.
