1. This webinar is brought to you by Your Legal Rights: a website of legal information for people in Ontario.
Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

2. 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:
Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

3. 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.

4. Immigration, Women and Children Part 2: Specific Situations
April 12, 2012
Tamar Witelson, Legal Director, METRAC
Raoul Boulakia, Immigration and Refugee Lawyer, Toronto, Ontario
03/12/2018

5. 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
03/12/2018

6. Refugee and Immigration Lawyer, Toronto, Ontario
Presenters
Tamar Witelson
Legal Director, METRAC
Raoul Boulakia
Refugee and Immigration Lawyer, Toronto, Ontario
03/12/2018

7. 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
03/12/2018

8. Topics to be Covered Introduction
Domestic Violence and Abuse
Non-citizens’ Rights in Family Court
Relationship Breakdown: Sponsored Permanent Residents
Sponsorship Breakdown: When Children are Involved
Sponsorship Breakdown: Women Who Sponsor a Partner
Immigration Consequences of a Criminal Conviction
Relationship Breakdown: Refugee Claimants
Travelling with Children
Custody
Abduction
Additional Resources
Information is accurate as of April 12, 2012
03/12/2018

9. Introduction: Domestic Violence and Abuse
03/12/2018

10. 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
03/12/2018

11. 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
FLEW (Family Law Education for Women) Resources page
03/12/2018

12. Introduction: Rights in Family Court
03/12/2018

13. 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.
03/12/2018

14. 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
03/12/2018

15. Relationship Breakdown: Sponsored Permanent Residents
03/12/2018

16. 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.
03/12/2018

17. 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
03/12/2018

18. Relationship Breakdown: Sponsored Permanent Residents
Leaving an Abusive Sponsor
How she can get financial support:
Sponsor’s obligations
Social Assistance
Look for Work
03/12/2018

19. 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.
03/12/2018

20. 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
03/12/2018

21. 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.”
03/12/2018

22. Sponsorship Breakdown: when Children are Involved
03/12/2018

23. 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.
03/12/2018

24. 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”
03/12/2018

25. 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)
03/12/2018

26. 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
03/12/2018

27. Sponsorship Breakdown: Women Who Sponsor a Partner
03/12/2018

28. 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
03/12/2018

29. Immigration Consequences of a Criminal Conviction
03/12/2018

30. 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.
03/12/2018

31. 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
03/12/2018

32. 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
03/12/2018

33. 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
03/12/2018

34. Refugee and Immigration Lawyer, Toronto, Ontario
Presenters
Tamar Witelson
Legal Director, METRAC
Raoul Boulakia
Refugee and Immigration Lawyer, Toronto, Ontario
03/12/2018

35. Relationship Breakdown: Refugee Claimants
03/12/2018

36. 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.
03/12/2018

37. Relationship Breakdown: Refugee Claimants
Is not directly affected by her relationship or by leaving
Esther’s boyfriend could contact immigration officials to undermine information in her refugee claim
03/12/2018

38. 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.
03/12/2018

39. 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
03/12/2018

40. 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.
03/12/2018

41. 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
03/12/2018

42. Travelling with Children
03/12/2018

43. 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.
03/12/2018

44. 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
03/12/2018

45. 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
03/12/2018

46. 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.
03/12/2018

47. 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
03/12/2018

48. 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
03/12/2018

49. 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)
03/12/2018

50. 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:
03/12/2018

51. Refugee and Immigration Lawyer, Toronto, Ontario
Presenters
Tamar Witelson
Legal Director, METRAC
Raoul Boulakia
Refugee and Immigration Lawyer, Toronto, Ontario
03/12/2018

52. Additional Resources
03/12/2018

53. 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
03/12/2018

54. 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 Refugees
Directory of immigrant and refugee serving organizations in your area
03/12/2018

55. Resources (Family) Assaulted Women’s Helpline www.awhl.org
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)
FLEW (Family Law Education for Women)
Ontario Women’s Justice Network (OWJN)
03/12/2018

56. 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:
03/12/2018

57. For more public legal information webinars visit:
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
For more public legal information webinars visit: