In Zhang v. His Majesty the King, the Federal Court of Appeal is being asked to determine the constitutionality of section 122.6 of the Income Tax Act, which excludes refugee claimants from being eligible for the Canada Child Benefit (CCB), a monthly payment intended to help families with the cost of raising children and alleviate child poverty. At the time of being found ineligible for the CCB, Ms. Zhang was a single parent struggling to raise two minor children while seeking asylum in Canada.
Ms. Zhang is appealing the decision of the Tax Court of Canada, which found that section 122.6 was not discriminatory and, therefore, does not violate the right to equality under section 15 of the Charter. Specifically, Ms. Zhang is arguing that the challenged law directly discriminates against refugee claimants and results in adverse effects (or indirect) discrimination towards racialized women, who are disproportionately represented in the excluded group.
As Intervener, JFCY submits that the Court’s assessment of whether the law discriminates against racialized children of refugee claimants must be contextual and informed by Canada’s international legal obligations, the principle of the best interests of the child, and the intersecting vulnerabilities and disadvantages faced by this group.
Court details: Ning Jing Zhang v. His Majesty the King et al., Court File Number: A-104-24
The hearing date has not yet been set.
