Law360 Canada ( March 6, 2026, 12:16 PM EST) -- Appeal by Attorney General of Quebec (AGQ) from a judgment of the Quebec Court of Appeal which declared that s. 3 of the Reduced Contribution Regulation (RCR) constituted discrimination based on sex contrary to s. 15 of Canadian Charter of Rights and Freedoms (Charter) and the infringement was not justified under s. 1. Kanyinda, originally from the Democratic Republic of Congo, entered Quebec and made a claim for refugee protection. She was accompanied by her three minor children. While awaiting a decision on her claim, she obtained a work permit. She sought subsidized spaces for her children in daycare but was refused access as this service was available to people who had obtained refugee status, not those waiting for a decision. Kanyinda filed an application for judicial review. The application judge found that s. 3 of the Regulation was not discriminatory within the meaning of s. 15 of the Charter. The Court of Appeal concluded that s. 3 created a distinction based on sex, infringed s. 15(1) of the Charter, and could not be justified under s. 1. As a remedy, it ordered that refugee claimants with a work permit and residing in Quebec be “read in” to s. 3(3) of the RCR. Kanyinda argued that s. 3 of the RCR was discriminatory on three grounds: sex, citizenship and a new analogous ground of immigration status. The AGQ submitted that ineligibility for subsidized daycare was equally a barrier for men and women refugee claimants, such that excluding asylum seekers could not have a disproportionate impact on the women affected by the provision....