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Quebec urged to respect Supreme Court decision on asylum seekers’ daycare access

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CAQ leadership candidates, Liberals open to using notwithstanding clause
Author: 
CBC News
Format: 
Article
Publication Date: 
21 Mar 2026
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Excerpts

Advocacy groups and former politicians are urging Quebec officials not to override a recent Supreme Court of Canada ruling granting asylum seekers access to subsidized daycare, as some political leaders say they are open to using the notwithstanding clause.

"Fundamental rights apply to everyone,” said former Parti Québécois (PQ) cabinet minister Louise Harel at a news conference on Friday.

Earlier this month, the Supreme Court ruled Quebec cannot bar asylum seekers from subsidized daycare in an 8-1 ruling.

Supreme Court Justice Andromache Karakatsanis concluded the province's regulations on subsidized daycare, which date back to the Philippe Couillard government in 2018, discriminate against women refugee claimants and infringe on their Charter rights.

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Advocates push Quebec officials to uphold ruling

In a joint news release, representatives from Collectif Bienvenue and Ma place au travail joined forces to argue that access to subsidized child care is a fundamental lever for social justice, helping asylum-seeking mothers integrate into the workforce and learn French.

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Liberals, CAQ open to notwithstanding clause

However, the Quebec Liberal Party's leader and Coalition Avenir Québec (CAQ) leadership candidates say they are open to invoking the notwithstanding clause to ensure Quebecers are given priority to subsidized spots.

“The Supreme Court's judgment is a slap in the face to the thousands of Quebecers who have been waiting for a child-care space for their child, often for years,” said Bernard Drainville, who is making a bid to lead the CAQ, on social media.

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