Refugees: Email from the Ministry of Family raises legal eyebrows

The Minister de la Family wants to inform the Network that a judgment has been reached this morning in a case related to the eligibility of asylum seekers for reduced-cooperative spaces in childcare facilities in the Superior Court of Quebec. […] Judgment does not have an immediate effect; The Department therefore seeks to clarify that there is no change in the application of eligibility criteria […] For the momentThe Ministry of Family writes.

Radio-Canada Contact Email was sent to a daycare service operator in Quebec on Wednesday afternoon.

Keep in mind that Judge Mark St.-Pierre’s decision in favor of the asylum seekers was handed down Wednesday morning. The Families seeking asylum are excluded from 2018 Access to reduced-contribution spaces.

In this case the judiciary no Appeal for judicial review. This approach allows Declare the provision of Quebec law invalid, invalid or invalidAccording to the Code of Civil Procedure of Quebec.

Will have an immediate effect, Guaranteed to me Sibel Atogul and Mi Guilom Grenier, of Melancon Marcio Grenier Cohen, the organization representing the refugees in this case. What does this command say, That is not trueEmphasizes that Me Ataogul.

Martin Valois, a professor of law at the University of Montreal, specializes in administrative law: This is legally incorrect Claiming that the decision of the Superior Court is not effective immediately.

The judgment will take effect immediately until the government appeals the decision.She says.

Legalt has 30 days to appeal to the government.

Martin Valois, Associate Professor of Lawyer Emeritus and Faculty of Law at the University of Montreal (Archives)

Photo: Radio-Canada / Karen Dufour

Earlier today, the Department of Justice told Radio-Canada that the decision was still being analyzed.

Out of respect for the legal process, we will no longer comment.Said morning campaigner Isabelle Boyle.

Asked to comment on the implications of the ruling, the family ministry did not respond to questions from Radio-Canada. On the other hand, Justice pointed out at the end of the day that the situation would not change as long as the appeal process was in progress.

Conclusions of the judgment […] At the end of the appeal period, the appeal shall remain in effect until one party has commenced proceedingsSaid Isabelle Boyle.

However, it is not known on what legal basis the government made this statement.