Law in Quebec

News about Quebec legal developments


Adoption

  • Quebec Appeal Court rejects constitutional challenge over kafala

    A constitutional challenge against federal and Quebec regulations that allow Canadian residents to sponsor a child for family reunification only if the child is their biological or adoptive child was rebuffed by the Quebec Court of Appeal in a ruling that underlines the challenges facing Canadian citizens or residents of Muslim faith who want to sponsor a child though kafala, a form of legal guardianship in Muslim law countries.

    The decision, while not surprising, continues to put Canadians of Muslim faith in a bind as it compels them to transgress their religious beliefs to adopt, and is expected to make it more arduous for them to sponsor a child under kafala, according to legal experts. The ruling also confirms that only the Western family model is recognized as valid for starting a family in Canada, maintain some pundits.

    “If you’re a Muslim who respects your faith through kafala, a form of care deeply rooted in Islamic tradition, Canada is closing the door on you,” remarked Awatif Lakhdar, a kafala expert and a Montreal family lawyer with Lavery. “Unfortunately, kafala is not equivalent to full adoption, and the current sponsorship system does not facilitate family reunification for a person who has resorted to kafala.”

    (more…)

  • Youth protection authorities admonished by appeal court

    Admonished by the Quebec Court of Appeal for single-mindedly trying to place a child before giving an opportunity to the parents to fulfill their parental responsibilities, youth protection authorities now face a more stringent test before envisioning adoption as a “solution to a difficult situation.”

    In overturning a lower court ruling that authorized youth protection authorities to proceed with the placement of a child for adoption, the appeal court also provided guidance to courts of first instances, reminding them that they have a responsibility to question decisions made by youth protection, as is foreseen by the Youth Protection Act (Act).

    (more…)