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

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.

http://www.yourlegalrights.on.ca/

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


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http://www.yourlegalrights.on.ca/find-services


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.

www.onefamilylaw.ca

Immigration, Women and Children Part 2: Specific

SituationsApril 12, 2012

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Tamar Witelson, Legal Director, METRACRaoul Boulakia, Immigration and Refugee Lawyer, Toronto, Ontario

METRACMETRAC, 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 in Ontario provides information on women’s rights and options under Ontario

family law in 14 languages, accessible formats, online and in print

www.onefamilylaw.ca

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http://www.metrac.org/

http://www.onefamilylaw.ca/

PresentersTamar WitelsonLegal Director, METRAC

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Raoul BoulakiaRefugee and Immigration Lawyer,

Toronto, Ontario

Immigration, Women and ChildrenOpening 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

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Topics to be Covered1. Introduction

Domestic Violence and Abuse Non-citizens’ Rights in Family Court

2. Relationship Breakdown: Sponsored Permanent Residents3. Sponsorship Breakdown: When Children are Involved4. Sponsorship Breakdown: Women Who Sponsor a Partner5. Immigration Consequences of a Criminal Conviction6. Relationship Breakdown: Refugee Claimants7. 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

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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 AbuseFor 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 pagehttp://www.onefamilylaw.ca/en/resources/

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http://www.awhl.org/

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

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

Introduction:Rights in Family Court

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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

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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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Leaving an Abusive Sponsor If Permanent Residence has been granted:

Permanent Resident status is not affectedSponsor cannot withdrawGovernment cannot remove her from Canada just

because she leaves her sponsor

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Leaving an Abusive Sponsor How she can get financial support:

Sponsor’s obligationsSocial AssistanceLook for Work

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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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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

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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.”

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Sponsorship Breakdown:when Children are

Involved

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Sponsorship Breakdown: when Children are Involved


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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Leaving an Abusive Relationship with a ChildIf 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”

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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)

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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

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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 leaveshe can leave the relationshipif his application is in process, she can withdraw as sponsorif his permanent residence is granted, she must fulfill the sponsor’s obligationsif he goes on social assistance, it is likely she will have to repay the government

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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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No risk to Canadian citizens, regardless of country of originUnless citizenship based on fraud

Permanent ResidentsCan be deported if convicted of “serious” crime

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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

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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

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Raoul BoulakiaRefugee and Immigration Lawyer, Toronto,

Ontario

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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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

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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

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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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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

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Travelling with Children

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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.

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Travelling with ChildrenIf 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

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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

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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 ChildrenChild 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

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Travelling with ChildrenChild 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

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Travelling with ChildrenChild Abduction

Response:Contact the local policeContact an immigration lawyerContact the Consular Affairs Bureau in Canada

• 1-800-387-3124 or 1-800-267-6788 • (24 hours/7 days a week)

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Travelling with ChildrenChild 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_e

nlevements-enfants-eng

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http://www.voyage.gc.ca/publications/child-abductions_enlevements-enfants-eng

http://www.voyage.gc.ca/publications/child-abductions_enlevements-enfants-eng


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Raoul BoulakiaRefugee and Immigration Lawyer, Toronto,

Ontario

Additional Resources

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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

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http://www.fcjrefugeecentre.org/

http://www.refugeelawyersgroup.ca/

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 Refugees http://ccrweb.ca/en/home Directory of immigrant and refugee serving organizations in your area

http://ccrweb.ca/en/links 514-277-7223

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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) http://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 Servicehttp://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 Relationshiphttp://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

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This webinar was brought to you by Your Legal Rights: A website of legal information

for people in Ontario

For more information visit Your Legal Rights at www.yourlegalrights.on.ca

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

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