Denying refugee claimants access to Quebec’s subsidized child care programs is a violation of the Charter of Rights and Freedoms, says Canada’s Supreme Court
In a March 2026 decision, the Supreme Court of Canada ruled that excluding refugee claimants from Quebec’s subsidized child care programs is a violation of Canada’s Charter of Rights and Freedoms because the exclusion from programs has a disproportionate impact on women refuge claimants.
The case arose when Ms. Kanyinda, a refugee claimant, was denied access to subsidized child care for her three young children because Quebec’s Reduced Contribution Regulation limits access to subsidized child care to certain groups.
The Quebec Court of Appeal found that the regulation discriminated on the basis of sex, though it declined to consider her immigration status or citizenship claims. The case came before the Supreme Court of Canada after the Quebec government appealed the decision of the Quebec Court of Appeal.
Child Care Now joins many organizations, including the United Nations High Commissioner for Refugees (UNHCR), in applauding the Supreme Court decision. In a statement, the UNHCR comments, “the ruling removes a significant barrier that prevented women seeking asylum from entering the workforce. This is especially important for single mothers, who often face the greatest challenges in finding affordable care.”

