This webinar is brought to you by Your Legal Rights: a website of legal information for people in Ontario.

www.yourlegalrights.on.ca

Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

Please Note:

The content of this webinar is based on law or policy that was current on the date the webinar was recorded. Your Legal Rights webinars contain general legal information. They are not intended to be used as legal advice for a specific legal problem. For more information on how to find a lawyer or to contact your local community legal clinic visit: www.yourlegalrights.on.ca/find-services Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

About our presenter…

Tamar Witelson is the Legal Director at METRAC. Her background includes practice in labour and human rights law, and in Constitutional law for the Ontario Ministry of the Attorney General. She was also counsel at the Human Rights Tribunal of Ontario, and before joining METRAC was staff lawyer at the Women’s Legal Education and Action Fund (LEAF), running an equality rights law and information website.

Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

Immigration, Women and Children Part 2: Specific Situations

April 12, 2012 Tamar Witelson, Legal Director, METRAC Raoul Boulakia, Immigration and Refugee Lawyer, Toronto, Ontario www.onefamilylaw.ca

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METRAC

METRAC, the 

Metropolitan Action Committee on Violence Against Women and Children

works to end violence against women, youth and children  a not-for-profit, community-based organization www.metrac.org

METRAC’s

Community Justice Program

 provides accessible legal information and education for women and service providers  focuses on law that affects women, from diverse backgrounds, especially those experiencing violence or abuse FLEW,

Family Law Education for Women

 family law in Ontario provides information on women’s rights and options under Ontario  in 14 languages, accessible formats, online and in print www.onefamilylaw.ca

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Presenters

Tamar Witelson

Legal Director, METRAC

Raoul Boulakia

Refugee and Immigration Lawyer, Toronto, Ontario 2020-04-27 6

Immigration, Women and Children Opening Remarks

Barriers to leaving an abusive relationship:

         Concern about children and custody Fear of homelessness and poverty Controlling partners and other family members Attitudes of family, friends and community members Not knowing legal rights Fear of the legal system Not knowing about resources or how to find help Discrimination Immigration status or lack of status 2020-04-27 7

Topics to be Covered

1. Introduction  Domestic Violence and Abuse  Non citizens’ Rights in Family Court 2. Relationship Breakdown: Sponsored Permanent Residents 3. Sponsorship Breakdown: When Children are Involved 4. Sponsorship Breakdown: Women Who Sponsor a Partner 5. Immigration Consequences of a Criminal Conviction 6. Relationship Breakdown: Refugee Claimants 7. Travelling with Children  Custody  Abduction 8. Additional Resources

Information is accurate as of April 12, 2012

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Introduction: Domestic Violence and Abuse

9

Domestic Violence and Abuse

Assess safety:

 make a safety plan  ensure she and her children are safe

Abuse can be:

 physical violence  threats of harm  treatment that causes emotional or psychological suffering

In most emergencies, call 911

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Domestic Violence and Abuse

For information, if your partner is abusive or violent: Assaulted Women’s Helpline

http://www.awhl.org/  24 hours/7 days; multiple languages  Toll-free: 1-866-863-0511; TTY: 1-866-863-7868

Legal Aid Ontario

http://www.legalaid.on.ca/en/getting/type_domesticviolence.asp

 Available to every immigration status  Free telephone interpretation services for languages other than English and French  Toll-free: 1-800-668-8258; TTY: 1-866-641-8867

Family Violence Authorization Program (Legal Aid Ontario)

 Free 2-hour emergency meeting with a lawyer  Offered through some shelters and community legal clinics  Toll-free: 1-800-668-8258; TTY: 1-866-641-8867

FLEW (Family Law Education for Women) Resources page

http://www.onefamilylaw.ca/en/resources/ 2020-04-27 11

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Introduction: Rights in Family Court

12

Rights in Family Court

 

Example :

Naseem and her husband are permanent residents, but her 3 children were born in Canada and are citizens. She and her husband have been having relationship difficulties for awhile now, and recently he told her he is returning to his home country and leaving her and the kids. She does not currently have a job. She wants to make sure she gets custody of the children and support for them and for herself.

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Rights in Family Court

   Every immigration status can go to Family Court Possible Family Law Issues (for Naseem)  divorce/separation  child custody  child support  spousal support Risk for non-status persons 2020-04-27 14

Relationship Breakdown: Sponsored Permanent Residents

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Relationship Breakdown: Sponsored Permanent Residents   

Example:

Zina is living in Canada and she is in a common law relationship with a Canadian citizen. Her partner sponsored her and she is a permanent resident. He has always been controlling and jealous, but their problems are getting worse and she can’t take his abuse anymore. He’s threatening to hurt her and have her deported if she leaves him.

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Relationship Breakdown: Sponsored Permanent Residents

Leaving an Abusive Sponsor

 If Permanent Residence has been granted:  Permanent Resident status is not affected  Sponsor cannot withdraw  Government cannot remove her from Canada just because she leaves her sponsor 2020-04-27 17

Relationship Breakdown: Sponsored Permanent Residents

Leaving an Abusive Sponsor

 How she can get financial support:  Sponsor’s obligations  Social Assistance  Look for Work 2020-04-27 18

Relationship Breakdown: Sponsored Permanent Residents   

Example:

Zina is living in Canada and she is in a common law relationship with a Canadian citizen.

Her partner has sponsored her but the process is not complete, and she does not have legal immigration

status here.

She can’t take his abuse anymore and wants to leave. He’s threatening to hurt her and have her deported if she leaves him.

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Relationship Breakdown: Sponsored Permanent Residents

Leaving an Abusive Sponsor

 If Permanent Resident application in process/no status:   Sponsor can withdraw Risk of being deported  Options:  Application for Permanent Residence based on Humanitarian and Compassionate (H&C) grounds  get legal advice about a possible refugee claim 2020-04-27 20

Relationship Breakdown: Sponsored Permanent Residents

Citizenship and Immigration Canada: Inland Processing Manual 5:

“Officers should be sensitive where the spouse (or other family member) of a Canadian citizen or permanent resident leaves an abusive situation and, as a result, does not have an approved sponsorship. Officers should consider the following factors:       Information indicating there was abuse such as police incident reports, charges or conviction, reports from shelters for abused women, medical reports, etc.; Whether there is a degree of establishment in Canada; The hardship that would result if the applicant had to leave Canada; The laws, customs and culture in the applicant’s country of origin; The support of relative and friends in the applicant’s home country; and Whether the applicant has children in Canada or/and is pregnant.” 2020-04-27 21

Sponsorship Breakdown: when Children are Involved

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Sponsorship Breakdown: when Children are Involved   

Example:

Zina is living in Canada and she is in a common law relationship with a Canadian citizen.

They have a child together who was born in Canada.

Her partner has sponsored her but the process is not complete and she does not have legal status here. She is scared for herself and her child, and wants to leave. He’s threatening to have her deported if she leaves him.

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Sponsorship Breakdown: when Children are Involved

Leaving an Abusive Relationship with a Child

 If Permanent Residence application is in process:   he can withdraw sponsorship; she can be deported a Canadian-born child cannot be deported  she can make an application to stay, on Humanitarian and Compassionate (H&C) grounds  H&C applications must take into account the “best interests of the child” 2020-04-27 24

Sponsorship Breakdown: when Children are Involved

Best Interests of the Child Factors:

       Child’s physical, emotional, social and cultural welfare Child’s age Dependency between child and H&C applicant Child’s establishment in Canada Child’s medical or special needs Child’s education (in/out of Canada) Child’s gender (if relevant in another country) 2020-04-27 25

Sponsorship Breakdown: when Children are Involved

Best Interests of the Child Considerations:

   Immigration officials should consider ALL children affected by H&C application Can’t assume young children will adapt to change Can’t avoid the issue as the parent’s decision to take or leave child in Canada  Medical or community supports to support parenting of child should be considered 2020-04-27 26

Sponsorship Breakdown: Women Who Sponsor a Partner

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Sponsorship Breakdown: Women Who Sponsor a Partner

Example: Zina has sponsored her partner,

he is abusing her, and she wants to leave  she can leave the relationship  if his application is in process, she can withdraw as sponsor  if his permanent residence is granted, she must fulfill the sponsor’s obligations  if he goes on social assistance, it is likely she will have to repay the government 2020-04-27 28

Immigration Consequences of a Criminal Conviction

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Immigration Consequences of a Criminal Conviction 

Example:

Tanya and her boyfriend have been together for many years. Their relationship has always been difficult and at times violent. The last time they argued, the neighbours called the police and Tanya ended up in the hospital.  The police have charged her boyfriend with assault even though Tanya didn’t want them to. Tanya’s boyfriend is a permanent resident. He has sponsored her, but she is still waiting to become a permanent resident.

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Immigration Consequences of a Criminal Conviction 

No risk to Canadian citizens, regardless of country of origin

 Unless citizenship based on fraud 

Permanent Residents

 Can be deported if convicted of “serious” crime 2020-04-27 31

Immigration Consequences of a Criminal Conviction

When police get involved:

 police may check status  if she has no status, police may inform immigration

If sponsor is convicted and deported:

 and her sponsorship is incomplete, her application is at risk 2020-04-27 32

Immigration Consequences of a Criminal Conviction

Example:

The police have charged Tanya’s boyfriend with assault.

They are both permanent residents.



Permanent Residents:

 Are not at risk if their partner is deported  If police lay dual charges, immigration status may be at risk from a criminal conviction  If partner reports/lies that her permanent residence was based on fraud, immigration status may be at risk 2020-04-27 33

Presenters

Tamar Witelson

Legal Director, METRAC

Raoul Boulakia

Refugee and Immigration Lawyer, Toronto, Ontario 2020-04-27 34

Relationship Breakdown: Refugee Claimants

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Relationship Breakdown: Refugee Claimants  

Example:

Esther fled her home country and came to Canada seeking refugee protection. She is part of an ethnic and religious minority that is being persecuted in her home country. While she was waiting for her refugee claim to be dealt with, she started living with her boyfriend who is a Canadian citizen. He has a temper and is verbally abusive. She wants to leave him.

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Relationship Breakdown: Refugee Claimants

Refugee Claim:

  Is not directly affected by her relationship or by leaving Esther’s boyfriend could contact immigration officials to undermine information in her refugee claim 2020-04-27 37

Relationship Breakdown: Refugee Claimants 

Example:

Esther and her husband

fled their home country and came to Canada seeking refugee protection.

Their refugee claims are connected and her husband has been handling most of the details.

The stress has taken a toll on their relationship, and he gets very angry with her for small things. He is verbally abusive and threatens to hit her. She wants to leave him.

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Relationship Breakdown Refugee Claimants

Joint Refugee Claims:

   She should get her own lawyer Ask previous lawyer for file regarding her claim Discuss domestic abuse with lawyer  Was she forced to agree or sign anything?

 Does she fear husband or family in home country?

  May cooperate with husband in a joint hearing Her lawyer may ask for separate hearings 2020-04-27 39

Relationship Breakdown: Refugee Claimants 

Example:

Esther fled her home country with her husband

and children

and came to Canada seeking refugee protection

. Their refugee claims are all connected

and her husband has been handling most of the details. The stress has taken a toll on their relationship and he gets very angry with her for small things. He is verbally abusive and threatens to hit her. She wants to leave him.

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Relationship Breakdown: Refugee Claimants

Refugee Claims Including Children:

 Children will need a Designated Representative  Usually a custodial parent  Relative/Friend/Social worker/Lawyer  Designated Representative chooses lawyer for children 2020-04-27 41

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Travelling with Children

42

Travelling with Children

  

Example:

Lucia and her husband are both permanent residents. They have a child together, and are recently separated. It was messy and they are not on good terms. She has sole custody of their child, and he has access. He is still very angry and accuses her of not letting him see their child. She wants to visit her family back home, but does not know what she has to do, so that the child can travel with her. 2020-04-27 43

Travelling with Children

If you have custody:

  Carry a copy of your custody order or agreement Get a notarized letter of permission from the other parent, if possible  Find out the laws about child custody in the home country 2020-04-27 44

Travelling with Children

If you have custody (continued):

 Ensure you have all travel documents for you and the children  Ensure you all have a Permanent Resident Card, valid on the return date  Check whether the amount of time abroad will affect permanent residence or delay citizenship application 2020-04-27 45

Travelling with Children

  

Example:

Lucia and her husband are both permanent residents. They have a child together, and are recently separated. It was messy and they are not on good terms. She has sole custody of their child, and he has access.

Lucia is worried that her husband is going to take the child out of Canada and not come back.

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Travelling with Children



Child Abduction

It is easier to prevent an abduction than to recover a child

Precautions:

 Get a clear, detailed custody order or agreement  It should say that the child cannot travel outside of Canada without your permission  It can say that you or the court holds the child’s or other parent’s passport 2020-04-27 47

Travelling with Children

Child Abduction



Precautions (continued):

 Get detailed travel information, plans, people and places where the child will be  Keep a recent picture of your child  Teach your child how to make a long distance, collect call 2020-04-27 48

Travelling with Children

Child Abduction



Response:

 Contact the local police  Contact an immigration lawyer  Contact the Consular Affairs Bureau in Canada •

1-800-387-3124

or

1-800-267-6788

• (24 hours/7 days a week) 2020-04-27 49

Travelling with Children



Child Abduction

The

Hague Convention on the Civil Aspects of International Child Abduction

may apply if:  You have legal custody of the child  The child is under 16 years old  The country where the child was taken has signed the

Hague Convention

 For more information:  http://www.voyage.gc.ca/publications/child abductions_enlevements-enfants-eng 2020-04-27 50

Presenters

Tamar Witelson

Legal Director, METRAC

Raoul Boulakia

Refugee and Immigration Lawyer, Toronto, Ontario 2020-04-27 51

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Additional Resources

52

Resources (Immigration)

Find a community legal clinic near you

http://www.legalaid.on.ca/en/contact/contact.asp?type=cl

Community & Specialty Legal Clinics

http://www.legalaid.on.ca/en/contact/contact.asp?type=cl    Centre for Spanish Speaking Peoples Metro Toronto Chinese and Southeast Asian Legal Clinic Refugee and Immigrants Information Centre Toronto  South Asian Legal Clinic of Ontario

FCJ Refugee Centre

http://www.fcjrefugeecentre.org/  416-469-9754

Canadian Association of Refugee Lawyers

http://www.refugeelawyersgroup.ca/

Refugee Lawyers Association of Ontario

http://www.rlaontario.com/

Settlement.org

http://www.settlement.org/index.asp

 Information and answers on settling in Ontario

211 Canada.ca

http://211canada.ca/  Find available immigrant and refugee serving organizations in your area 2020-04-27 53

Resources (Immigration)

Legal Aid Refugee Law Office

http://www.legalaid.on.ca/en/getting/type_immigration.asp

 416-977-8111

Citizenship and Immigration Canada

http://www.cic.gc.ca/english/index.asp

 Call Centre Toll-free: 1-888-242-2100   TTY: 1-888-576-8502 More Contacts: http://www.cic.gc.ca/english/contacts/index.asp

Ministry of Citizenship and Immigration (Ontario)

http://www.citizenship.gov.on.ca/  Find information about citizenship and immigration in Ontario   General Inquiry: (416) 327-2422 Toll-free: 1-800-267-7329  TTY: 1-800-555-5559

Canadian Council for Refugee s

http://ccrweb.ca/en/home  Directory of immigrant and refugee serving organizations in your area http://ccrweb.ca/en/links  514-277-7223 2020-04-27 54

Resources (Family)

Assaulted Women’s Helpline

www.awhl.org

 Toll-free: 1-866-863-0511; TTY: 1.866.863.7868

 Toronto: 416-863-0511

Legal Aid Ontario

http://www.legalaid.on.ca/en/getting/default.asp

 Toll-free: 1-800-668-8258; TTY: 1-866-641-8867  Toronto: 416-979-1446 (accepts collect calls)

Family Law Information Program (FLIP)

http://www.legalaid.on.ca/en/getting/flip.asp

Family Law Information Centres (FLICs)

http://www.legalaid.on.ca/en/getting/type_family.asp

Family Law Services Centres (FLSCs)

ht tp://www.legalaid.on.ca/en/contact/contact.asp?type=flsc

FLEW (Family Law Education for Women)

http://www.onefamilylaw.ca/en/resources/

Ontario Women’s Justice Network (OWJN)

www.owjn.org

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Resources (General)

Law Society of Upper Canada Lawyer Referral Service

http://www.lsuc.on.ca/with.aspx?id=697  Toll-free: 1-800-268-8326   Toronto: 416-947-3330 TTY: 416-644-4886

Toolkit for a good Client-Lawyer Relationship

http://schliferclinic.com/vars/legal/pblo/toolkit.htm

 Barbra Schlifer Commemorative Clinic

Ministry of the Attorney General

http://www.attorneygeneral.jus.gov.on.ca/english/   Toll free: 1-800-518-7901 TTY: 1-877-425-0575 2020-04-27 56

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