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.

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 1: Basic Concepts March 22, /08/20153 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 19/08/20154

Presenters Tamar Witelson Legal Director, METRAC 19/08/20155 Raoul Boulakia Refugee and Immigration Lawyer, Toronto, Ontario

Topics to be Covered 1.First Steps: Before Meeting with a Lawyer  Assess Safety  Understand the Problem  Collect Information about her Immigration File  Understand Her Story 2.Different Kinds of Immigration Status in Canada 3.Common Immigration Terms 4.Potential Risks to Your Immigration Status in Canada 5.Options when Your Status is at Risk 6.How to Find Help 7.Additional Resources Information is accurate as of March 22, /08/20156

Introduction 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 19/08/20157

First Steps: Before Meeting with a Lawyer 19/08/20158

First Steps: Before Meeting with a Lawyer 1.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 /08/20159

First Steps: Before Meeting with a Lawyer 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 19/08/201510

First Steps: Before Meeting with a Lawyer 2.Understanding the problem may involve multiple areas of law 19/08/ Patricia’s example scenario: Family Issues custody of her child separation/divorce child/spousal support child protection Criminal Issues Possible assault charges Possible protection order Immigration Issues has applied for permanent residence partner is sponsoring her risk of deportation

First Steps: Before Meeting with a Lawyer 3. Getting Accurate Knowledge of the Immigration File Collect Information:  Phone Citizenship and Immigration Canada (CIC)  Toll free:   Make a Privacy Act request to:  Canadian Border Service Agency (CBSA) AND  Citizenship and Immigration Canada (CIC)  If client has previously been represented, ask previous lawyer for a copy of her file 19/08/201512

First Steps: Before Meeting with a Lawyer 3. Getting Accurate Knowledge of the Immigration File (continued) Get Permission to Collect Information:  Designated Individual Form (for communications with CBSA/CIC)  Privacy Consent Form (for communications with lawyers or other offices) 19/08/201513

First Steps: Before Meeting with a Lawyer 4. Understand Her Story:  get the details  consider an interpreter  gather identity documents  gather evidence of:  abuse  how her children will be affected  evidence of hardship or risk in country of origin  her financial situation  her connections to the community/ties in Canada  help her find a lawyer 19/08/201514

Different Kinds of Immigration Status in Canada 19/08/201515

Different Kinds of Immigration Status in Canada  Citizen  Permanent Resident  Family Class: o Spouse or common-law or conjugal partner (including same-sex partners) o Application from abroad or in Canada o Parent or child 19/08/201516

Different Kinds of Immigration Status in Canada  Permanent Resident  Economic classes (and their dependents) o skilled workers o Canadian experience o investors o entrepreneurs  Refugee Claimant, Convention Refugee or Protected person 19/08/201517

Different Kinds of Immigration Status in Canada  Temporary Resident  Workers  Students  Visitors  Non-Status Persons 19/08/201518

Different Kinds of Immigration Status in Canada Refugees  Well-founded fear of persecution in their country of origin based on: o race o religion o political opinion o nationality o membership in a particular social group (such as women or sexual orientation) AND  government of country of origin cannot protect them 19/08/201519

Different Kinds of Immigration Status in Canada  Refugees  Gender Based Refugee Claims 19/08/201520

Common Immigration Terms 19/08/201521

Common Immigration Terms  Refugee Hearing  Admissibility/ Inadmissibility  Detention  Deportation Order  Departure Order  Exclusion Order 19/08/201522

Potential Risks to Your Immigration Status in Canada 19/08/201523

Potential Risks to Your Immigration Status in Canada  Citizen  misrepresentation  Permanent Resident  malicious denunciations  criminal convictions  misrepresentation 19/08/201524

Potential Risks to Your Immigration Status in Canada  Application in progress  Citizenship  Permanent Residency  Refugee Claim  Non Status  always at risk  involving the police 19/08/201525

Presenters Tamar Witelson Legal Director, METRAC 19/08/ Raoul Boulakia Refugee and Immigration Lawyer, Toronto, Ontario

Understanding Options 19/08/201527

Understanding Options  When there is a risk of deportation:  Refugee Claim  Judicial Review  Pre-Removal Risk Assessment (PRRA)  Humanitarian & Compassionate (H&C) application 19/08/201528

Understanding Options  Humanitarian & Compassionate Applications:  made from within Canada  no stay of removal without an order from the Federal Court  domestic violence  best interests of the child  establishment in Canada  hardship in country of origin  impact on others living in Canada 19/08/201529

Understanding Options  Humanitarian & Compassionate Applications:  Factors that may lead to inadmissibility o criminal record o poor health o prior misrepresentation 19/08/201530

Understanding Options  When there is a risk of deportation:  for a Permanent Resident o request discretion not to proceed with inadmissibility hearing o appeal inadmissibility decision to the Immigration Appeal Division 19/08/201531

Presenters Tamar Witelson Legal Director, METRAC 19/08/ Raoul Boulakia Refugee and Immigration Lawyer, Toronto, Ontario

How to Find Help 19/08/201533

How to Find Help 1. Legal Aid Ontario  Must meet financial eligibility requirement  Refugee Law Office  Legal Aid office that specializes in immigration and refugee law Certificate for opinion letter Certificate for representation  Assists clients with: refugee claims and other risk assessment applications detention reviews appeals of Deportation Orders and Federal Court hearings, including stays of removal 19/08/201534

How to Find Help 1. Legal Aid Ontario (continued)  Legal Aid Certificates in cases of domestic violence Toll-free:  Legal Aid has a list of lawyers who may be willing to accept Legal Aid Certificates for their services 19/08/201535

How to Find Help 2.Community Legal Clinics  may have information – some offer immigration services, most do not offer family law services  may have access to list of immigration and/or family law lawyers  77 community legal clinics in Ontario  17 specialty clinics, serving specific communities  6 student legal clinics 3.Justice Net  a not-for-profit service  a resource for low income people who don’t qualify for Legal Aid  a source to find lawyers who work for a reduced fee  Toll-free: /08/201536

How to Find Help 4. Immigration & Refugee Law Lawyers in Private Practice  Recommended by a friend or support agency  Law Society of Upper Canada (LSUC) Directory Certified Immigration Law Specialists Certified Refugee Law Specialists  Law Society of Upper Canada (LSUC) Referral Service provides a lawyer in your area 30 minutes free to discuss legal options no requirement to hire lawyer only one referral for each issue Toll-free: /08/201537

Presenters Tamar Witelson Legal Director, METRAC 19/08/ Raoul Boulakia Refugee and Immigration Lawyer, Toronto, Ontario

Additional Resources 19/08/201539

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 40

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 

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) 42

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:

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