The appellant challenged the constitutionality of s. 3 of Quebec's Reduced Contribution Regulation, which excluded refugee claimants from eligibility for subsidized childcare.
The majority found the provision created an adverse impact distinction based on sex and on refugee claimant status (an analogous ground under s. 15(1) of the Charter), and that this distinction was discriminatory as it reinforced disadvantage.
The infringement was not justified under s. 1.
The Court read refugee claimants into s. 3 of the Regulation as an eligible category.
One justice dissented, concluding neither sex-based nor refugee-claimant-status-based discrimination was established.
