Groups urge Quebec not to override daycare access for asylum seekers

Community groups and political figures are calling on Quebec to maintain access to subsidized daycare for asylum seekers, warning against the use of the notwithstanding clause to limit eligibility.

During a joint press conference Friday, organizations including the Welcome Collective and the Comité accès garderie, alongside current and former politicians, urged the government to respect a recent Supreme Court of Canada ruling on the issue.

“We were together to say no, don’t apply the notwithstanding clause because it would be a mistake because those women need to work and they need to contribute to Quebec society and for kids it’s very important for their integration,” said Christine St-Pierre, former Liberal MNA.

The appeal comes after the Supreme Court of Canada ruled on March 6 that excluding refugee claimants from subsidized childcare services discriminates against women, who disproportionately shoulder caregiving responsibilities.

Maryse Poisson, director of social intervention at Collectif Bienvenue, which works to provide assistance to asylum seekers, asserted that this decision in favour of women’s rights will facilitate their financial independence and help children access basic education. For this reason, she urges the Quebec government not to invoke the notwithstanding clause.

“For us, the notwithstanding clause should not be used in response to emotional or populist reactions. The notwithstanding clause should only be used in exceptional circumstances,” Poisson stated. “Using the notwithstanding clause against a case won before the Supreme Court of Canada would be unprecedented. It would truly be a step backward in terms of democracy and checks and balances.”

Despite the decision, some Quebec politicians have indicated they would consider invoking the notwithstanding clause to override the ruling.

Advocates say that would be a step backward, calling on all parties to commit to upholding access.

“If you want to struggle for women’s rights, you have to struggle for all women’s rights and for all women who stay in quebec,” said David Françoise, co-spokesperson and former Québec solidaire MNA.

The concept of “non-citizen”, a dangerous idea

In the March 6 decision, the only dissent was recorded by Quebec judge Suzanne Côté, who sided with the Quebec government’s arguments, saying she did not see any discrimination that would violate the Canadian Charter of Rights.

Louise Harel, former MNA and minister of the Parti Québécois, revisited this dissent which she considers “very worrying”, and recalled the words of the Quebec Charter of Human Rights and Freedoms: “every human being possesses intrinsic rights and freedoms”.

Harel drew a parallel between this dissent and the actions of the United States Immigration and Customs Service in recent months, which are based in particular on notions of “non-citizen” and “national preference”.

“National preference is the foundation of the French far right. It is the foundation of the National Rally program of (Marine) Le Pen,” she emphasized. “So, for all these reasons, it is absolutely essential to understand that these successive judgments—High Court, Court of Appeal, Supreme Court—are those that must be respected because they are those that respect us as a society.”

An obstacle to the rights of mothers and asylum seekers

Bijou Cibuabua Kanyinda, the applicant in the appeal to the Supreme Court, also testified about her story and called on politicians not to use the notwithstanding clause to counter the Supreme Court’s decision.

Having arrived in Quebec in 2018, MNA Cibuabua Kanyinda, a mother of two with a work permit, was denied access to childcare services. She then had to pay for private daycare for one of her children ($45 an hour) while the other stayed home. This cost was far too high for her salary at the time.

The decision rendered on March 6 delighted Cibuabua Kanyinda, who was very concerned about mothers who did not have access to childcare services but had to work, and children who could not socialize or deepen their Quebec culture.

“It was a great joy for me, because I wasn’t able to take advantage of this service, but the mothers who come after me will benefit from it,” she commented. In March, we celebrate International Women’s Day, and the Supreme Court ruled in favor of all the women who were unable to access subsidized daycare.

“We want politicians to be unable to use this clause because it hinders our rights as mothers and as asylum seekers,” she explained.

Claudia Beaudin, the general manager of the early childhood centre (CPE) “l’Attrait mignon” in Longueuil, told The Canadian Press that she would find it regrettable if the Quebec government resorted to the notwithstanding clause. 

“I would find it unfortunate if Quebec, which is a distinct society, a welcoming society, were to tell our 35 children, ‘Well, no, you no longer have a place in Quebec.’ I would find it really unfortunate if this were made into a political issue,” she stated.

–This report by La Presse Canadienne was translated by CityNews