While the Superior Court of Quebec ruled in favor of access to daycare centers at a cost of $ 8.50 for asylum seekers, the Ministère de la Famille maintains that this decision has no “immediate effect”, in an internal directive obtained by Radio-Canada.
The Ministère de la Famille would like to inform the network that a judgment was made this morning in the Superior Court of Quebec in a case related to the eligibility of asylum seekers for areas that have reduced the contribution to the facilities of child care. […] The judgment has no immediate effect, therefore the Ministry wishes to clarify that there is therefore no change in the application of the eligibility criteria. […] in the meantimewritten by the Ministry of the Family.
The email, which Radio-Canada was able to consult, was sent Wednesday afternoon to managers of daycare services in Quebec.
Note that Judge Marc St-Pierre’s decision in favor of asylum seekers was made on Wednesday morning. Families seeking asylum have been excluded since 2018 from access to reduced contribution areas.
In this case, the judiciary took a appeal for judicial review. This method allows declare inappropriate, invalid or non -functional as a provision of a Quebec lawaccording to the Code of Civil Procedure of Quebec.
Has an immediate effect, assured Me Sibel Ataogul and Me Guilaume Grenier, of the firm Melançon Marceau Grenier Cohen, representing asylum seekers in this case. What does this directive say, falsegiit ni Me Ataogul.
Professor in the Faculty of Law of the University of Montréal, Martine Valois, who specializes specifically in administrative law: this is a legal fallacy to claim that the decision of the Superior Court was not effective immediately.
The judgment has immediate effect until the government appeals the decision.he says.
The Legault government has 30 days to appeal.
Earlier today, the Department of Justice told Radio-Canada it was still studying the decision.
Out of respect for legal process, we will not comment further.said publicist Isabelle Boily in the morning.
Asked to comment on the effects of the judgment, the Family Ministry did not respond to questions from Radio-Canada. On the other hand, the Ministry of Justice indicated at the end of the day that the situation remained unchanged as long as the appeal procedure was conducted.
The conclusions of the judgment […] will take effect at the end of the appeal period, unless a party initiates appeal proceedingssaid Isabelle Boily.
However, it is not possible to know what legal basis the government has made on this assertion.
Source: Radio-Canada
