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.”