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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.

Immigration, Women and Children Part 2: Specific Situations April 12, /08/20154 Tamar Witelson, Legal Director, METRAC Raoul Boulakia, Immigration and Refugee Lawyer, Toronto, Ontario

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 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 21/08/20155

Presenters Tamar Witelson Legal Director, METRAC 21/08/20156 Raoul Boulakia Refugee and Immigration Lawyer, Toronto, Ontario

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 21/08/20157

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, /08/20158

Introduction: Domestic Violence and Abuse 21/08/20159

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 /08/201510

Domestic Violence and Abuse For information, if your partner is abusive or violent: Assaulted Women’s Helpline  24 hours/7 days; multiple languages  Toll-free: ; TTY: Legal Aid Ontario  Available to every immigration status  Free telephone interpretation services for languages other than English and French  Toll-free: ; TTY: 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: ; TTY: FLEW (Family Law Education for Women) Resources page 21/08/201511

Introduction: Rights in Family Court 21/08/201512

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. 21/08/201513

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 21/08/201514

Relationship Breakdown: Sponsored Permanent Residents 21/08/201515

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. 21/08/201516

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 21/08/201517

Relationship Breakdown: Sponsored Permanent Residents Leaving an Abusive Sponsor  How she can get financial support:  Sponsor’s obligations  Social Assistance  Look for Work 21/08/201518

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. 21/08/201519

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 21/08/201520

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.” 21/08/201521

Sponsorship Breakdown: when Children are Involved 21/08/201522

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. 21/08/201523

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” 21/08/201524

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) 21/08/201525

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 21/08/201526

Sponsorship Breakdown: Women Who Sponsor a Partner 21/08/201527

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 21/08/201528

Immigration Consequences of a Criminal Conviction 21/08/201529

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. 21/08/201530

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 21/08/201531

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 21/08/201532

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 21/08/201533

Presenters Tamar Witelson Legal Director, METRAC 21/08/ Raoul Boulakia Refugee and Immigration Lawyer, Toronto, Ontario

Relationship Breakdown: Refugee Claimants 21/08/201535

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. 21/08/201536

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 21/08/201537

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. 21/08/201538

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 21/08/201539

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. 21/08/201540

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 21/08/201541

Travelling with Children 21/08/201542

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. 21/08/201543

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 21/08/201544

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 21/08/201545

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. 21/08/201546

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 21/08/201547

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 21/08/201548

Travelling with Children Child Abduction  Response:  Contact the local police  Contact an immigration lawyer  Contact the Consular Affairs Bureau in Canada or (24 hours/7 days a week) 21/08/201549

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:  abductions_enlevements-enfants-eng abductions_enlevements-enfants-eng 21/08/201550

Presenters Tamar Witelson Legal Director, METRAC 21/08/ Raoul Boulakia Refugee and Immigration Lawyer, Toronto, Ontario

Additional Resources 21/08/201552

Resources (Immigration) Find a community legal clinic near you Community & Specialty Legal Clinics  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  Canadian Association of Refugee Lawyers Refugee Lawyers Association of Ontario Settlement.org  Information and answers on settling in Ontario 211 Canada.ca  Find available immigrant and refugee serving organizations in your area 5321/08/2015

Resources (Immigration) Legal Aid Refugee Law Office  Citizenship and Immigration Canada  Call Centre Toll-free: ‑ 2100  TTY: ‑ 8502  More Contacts: Ministry of Citizenship and Immigration (Ontario)  Find information about citizenship and immigration in Ontario  General Inquiry: (416)  Toll-free:  TTY: Canadian Council for Refugee s  Directory of immigrant and refugee serving organizations in your area  /08/2015

Resources (Family) Assaulted Women’s Helpline  Toll-free: ; TTY:  Toronto: Legal Aid Ontario  Toll-free: ; TTY:  Toronto: (accepts collect calls) Family Law Information Program (FLIP) Family Law Information Centres (FLICs) Family Law Services Centres (FLSCs) ht tp:// ht tp:// FLEW (Family Law Education for Women) Ontario Women’s Justice Network (OWJN) /08/2015

Resources (General) Law Society of Upper Canada Lawyer Referral Service  Toll-free:  Toronto:  TTY: Toolkit for a good Client-Lawyer Relationship  Barbra Schlifer Commemorative Clinic Ministry of the Attorney General  Toll free:  TTY: /08/2015

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