The constitutional challenge concerning Canada’s recognition of parent-child relationships established through legal guardianship and kafala remains before the Federal Court. The Habiba et al. applications were heard by Justice Pentney of the Federal Court on March 9–11, 2026. Post-hearing submissions concluded on May 15, 2026. Judgment remains reserved.
The Applicants challenge the regulatory framework on constitutional grounds, including its discriminatory effects, the recognition of foreign court orders, children’s best interests and Canada’s international obligations.
Landings’ Warda Shazadi Meighen serves as lead counsel, alongside counsel at Downtown Legal Services, National Council for Canadian Muslims, and Canadian Council for Muslim Women.
New IRCC Guidance
On June 11, 2026, IRCC updated its guidance concerning humanitarian and compassionate (H&C) applications involving guardianship and kafala arrangements. It provides a framework for individualized consideration of foreign court orders and established relationships. The guidance does not change the regulations, automatically establish sponsorship eligibility, reverse previous refusals or resolve the constitutional challenge. H&C relief remains discretionary. Families with previous refusals, pending applications or children awaiting reunification may wish to seek advice about whether the guidance provides additional options. Families who have recently received refusals should seek advice.
For further information or to share relevant developments, please contact: Warda Shazadi Meighen wshazadimeighen@landingslaw.com