Recorded on Thursday, March 22, 2012. This webinar reviews basic immigration terms and pointers for women who are not Canadian citizens and whose status may be affected by their partner and the breakdown of their relationship. Discussion will cover understanding immigration status, getting control of the immigration file, and where to look for help. Presenters are Tamar Witelson, Legal Director at The Metropolitan Action Committee on Violence Against Women and Children (METRAC) and Raoul Boulakia, a lawyer and certified specialist in Immigration, Refugee and Citizenship law. The presentation slides included below address all the topics covered in the webinar plus a section on How to Find Help. Please note that this webinar is part one of a two part series. For more information see Immigration, Women, and Children: Part II – Sample Situations. To watch an archived version of this webinar visit: http://yourlegalrights.on.ca/webinar/Immigration-Women-and-Children-Part-I-Basic-Concepts

1. 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.

2. About our presenter…
Tamar Witelson is the Legal Director at
METRAC. Her background includes practice in
labour and human rights law, and in Constitutional g ,
law for the Ontario Ministry of the Attorney
General. She was also counsel at the Human
Rights Tribunal of Ontario, and before joining g , j g
METRAC was staff lawyer at the Women’s Legal
Education and Action Fund (LEAF), running an
equality rights law and information website.equality rights law and information website.
Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

3. Immigration, Women and Children
Part 1: Basic Concepts
March 22, 2012
f il l
Tamar Witelson, Legal Director, METRAC
Raoul Boulakia, Immigration and Refugee Lawyer, Toronto, Ontario
www.onefamilylaw.ca
22/03/2012 3

4. METRACMETRAC
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
f l th t ff t f di b k dfocuses 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.cay
22/03/2012 4

5. Presenters
Tamar Witelson
Legal Director, METRAC
Raoul Boulakia
Refugee and Immigration Lawyer,
Toronto, Ontario
22/03/2012 5

6. Topics to be CoveredTopics to be Covered
1. First Steps: Before Meeting with a Lawyer
Assess SafetyAssess Safety
Understand the Problem
Collect Information about her Immigration File
Understand Her StoryUnderstand 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 Help6. How to Find Help
7. Additional Resources
Information is accurate as of March 22, 2012Information is accurate as of March 22, 2012
22/03/2012 6

7. Introduction
Barriers to leaving an abusive relationship:
Concern about children and custody
Fear of homelessness and poverty
Controlling partners and other family membersControlling partners and other family members
Attitudes of family, friends and community members
Not knowing legal rightsg g g
Fear of the legal system
Not knowing about resources or how to find help
Di i i tiDiscrimination
Immigration status or lack of status
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8. Fi t St B f M tiFirst Steps: Before Meeting
with a Lawyery
22/03/2012 8

9. First Steps: Before Meeting with a
Lawyer
1 A f1. Assess safety
make a safety plan
ensure she and her children are safee su e s e a d e c d e a e sa e
Abuse can be:Abuse can be:
physical violence
threats of harm
treatment that causes emotional or psychological sufferingp y g g
In most emergencies, call 911
22/03/2012 9

10. First Steps: Before Meeting with a
LLawyer
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
FrenchFrench
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 lawyerFree 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 pageFLEW (Family Law Education for Women) Resources page
http://www.onefamilylaw.ca/en/resources/
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11. First Steps: Before Meeting with a
LLawyer
2.Understanding the problem may involveU de sta d g t e p ob e ay o e
multiple areas of law
Patricia’s example scenario:p
Family Issues
•custody of her child
i /di
Immigration Issues
•has applied for permanent
•separation/divorce
•child/spousal support
•child protection
residence
•partner is sponsoring her
•risk of deportation
Criminal Issues
•Possible assault charges
•Possible protection order
22/03/2012 11
Possible protection order

12. First Steps: Before Meeting with a
LLawyer
3. Getting Accurate Knowledge of theg g
Immigration File
Collect Information:
Phone Citizenship and Immigration Canada (CIC)
Toll free: 1-888-242-2100
http://www.cic.gc.ca/english/contacts/index.asp
Make a Privacy Act request to:
Canadian Border Service Agency (CBSA) AND
Citizenship and Immigration Canada (CIC)Citizenship and Immigration Canada (CIC)
If client has previously been represented, ask previous lawyer for a
copy of her file
22/03/2012 12

13. First Steps: Before Meeting with a
LLawyer
3 Getting Accurate Knowledge of the3. Getting Accurate Knowledge of the
Immigration File (continued)
Get Permission to Collect Information:
Designated Individual Form (for communications with
CBSA/CIC)CBSA/CIC)
Privacy Consent Form (for communications with lawyers or other
offices)
22/03/2012 13

14. First Steps: Before Meeting with a
LLawyer
4 Understand Her Story:4. Understand Her Story:
get the details
consider an interpreter
h id i dgather identity documents
gather evidence of:
abuse
how her children will be affected
evidence of hardship or risk in country of origin
her financial situationher financial situation
her connections to the community/ties in Canada
help her find a lawyer
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15. Diff t Ki d fDifferent Kinds of
Immigration Status ing
Canada
22/03/2012 15

16. Different Kinds of Immigration
Status in Canada
Citizen
Permanent Resident
Family Class:
oSpouse or common-law or conjugal partner
(including same-sex partners)
Application from abroad or in CanadaoApplication from abroad or in Canada
oParent or child
22/03/2012 16

17. Different Kinds of Immigration
St t i C dStatus in Canada
Permanent ResidentPermanent Resident
Economic classes (and their dependents)
o skilled workers
o Canadian experience
o investors
o entrepreneurso e t ep e eu s
Refugee Claimant, Convention Refugee or
Protected person
22/03/2012 17

18. Different Kinds of Immigration
Status in Canada
Temporary Resident
Workers
Students
Visitors
Non-Status Persons
22/03/2012 18

19. Different Kinds of Immigration
Status in Canada
RefugeesRefugees
Well-founded fear of persecution in their country of
origin based on:
o race
o religion
o political opiniono political opinion
o nationality
o membership in a particular social group (such as women or
sexual orientation)sexual orientation)
AND
government of country of origin cannot protect them
22/03/2012 19

20. Different Kinds of Immigration
Status in Canada
Refugees
Gender Based Refugee Claims
22/03/2012 20

21. C I i tiCommon Immigration
Terms
22/03/2012 21

22. Common Immigration Terms
R f H iRefugee Hearing
Admissibility/ Inadmissibility
Detention
Deportation Order
Departure Order
Exclusion Order
22/03/2012 22

23. P t ti l Ri k t YPotential Risks to Your
Immigration Status ing
Canada
22/03/2012 23

24. Potential Risks to Your Immigration
S i C dStatus in Canada
CitiCitizen
misrepresentation
Permanent Resident
li i d i timalicious denunciations
criminal convictions
misrepresentationmisrepresentation
22/03/2012 24

25. Potential Risks to Your Immigration
St t i C dStatus in Canada
Application in progressApplication in progress
Citizenship
Permanent ResidencyPermanent Residency
Refugee Claim
Non Status
always at riskalways at risk
involving the police
22/03/2012 25

26. Presenters
Tamar Witelson
Legal Director, METRAC
Raoul Boulakia
Refugee and Immigration Lawyer,
Toronto, Ontario
22/03/2012 26

27. U d t di O tiUnderstanding Options
22/03/2012 27

28. Understanding Optionsg p
When there is a risk of deportation:When there is a risk of deportation:
Refugee Claim
Judicial ReviewJudicial Review
Pre-Removal Risk Assessment (PRRA)
Humanitarian & Compassionate (H&C)Humanitarian & Compassionate (H&C)
application
22/03/2012 28

29. Understanding Options
Humanitarian & Compassionate
A li tiApplications:
made from within Canada
no stay of removal without an order from the Federalno 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
22/03/2012 29

30. Understanding Options
Humanitarian & CompassionateHumanitarian & Compassionate
Applications:
Factors that may lead to inadmissibility
ocriminal recordocriminal record
opoor health
oprior misrepresentationp p
22/03/2012 30

31. Understanding Optionsg p
When there is a risk of deportation:When there is a risk of deportation:
f P t R id tfor a Permanent Resident
orequest discretion not to proceed with
inadmissibility hearinginadmissibility hearing
oappeal inadmissibility decision to the Immigration
Appeal Division
22/03/2012 31

32. Presenters
Tamar Witelson
Legal Director, METRAC
Raoul Boulakia
Refugee and Immigration Lawyer,
Toronto, Ontario
22/03/2012 32

33. H t Fi d H lHow to Find Help
22/03/2012 33

34. How to Find Help
1. Legal Aid Ontario
Must meet financial eligibility requirement
Refugee Law Office
Legal Aid office that specializes in immigration andg p g
refugee law
• Certificate for opinion letter
• Certificate for representationp
Assists clients with:
• refugee claims and other risk assessment
applicationspp
• detention reviews
• appeals of Deportation Orders and Federal Court
hearings, including stays of removalg , g y
22/03/2012 34

35. How to Find Helpp
1. Legal Aid Ontario (continued)
Legal Aid Certificates in cases of domestic violence
Toll free: 1 800 668 8258Toll-free: 1-800-668-8258
Legal Aid has a list of lawyers who may be willing toLegal Aid has a list of lawyers who may be willing to
accept Legal Aid Certificates for their services
www.legalaid.on.ca
22/03/2012 35

36. How to Find Help
2. Community Legal Clinics
http://www.legalaid.on.ca/en/contact/contact.asp?type=cl
may have information some offer immigration services most domay 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 J ti N t3. Justice Net
http://www.justicenet.ca/directory/search/
a not-for-profit service
a resource for low income people who don’t qualify for Legal Aida 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: 1-866-919-3219
22/03/2012 36

37. 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
htt // 1 l / i li t/j / li t1 j ? d CII& ihttp://www1.lsuc.on.ca/specialist/jsp/namelist1.jsp?code=CII&region=
• Certified Refugee Law Specialists
http://www1.lsuc.on.ca/specialist/jsp/namelist1.jsp?code=CIR&region=
Law Society of Upper Canada (LSUC) Referral Service
• provides a lawyer in your area
• 30 minutes free to discuss legal optionsg p
• no requirement to hire lawyer
• only one referral for each issue
• Toll-free: 1-800-268-8326
http://www.lsuc.on.ca/faq.aspx?id=2147486372
22/03/2012 37

38. Presenters
Tamar Witelson
Legal Director, METRAC
Raoul Boulakia
Refugee and Immigration Lawyer,
Toronto, Ontario
22/03/2012 38

39. Additi l RAdditional Resources
22/03/2012 39

40. 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=cly p y g
Centre for Spanish Speaking Peoples
Metro Toronto Chinese and Southeast Asian Legal Clinic
Refugee and Immigrants Information Centre Toronto
South Asian Legal Clinic of OntarioSouth 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
40

41. 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 aspMore 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
G l I i (416) 327 2422General 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
41

42. Resources (Family)
Assaulted Women’s Helpline www.awhl.org
Toll-free: 1-866-863-0511; TTY: 1.866.863.7868
Toronto: 416-863-0511Toronto: 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)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.aspFamily 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/FLEW (Family Law Education for Women) http://www.onefamilylaw.ca/en/resources/
Ontario Women’s Justice Network (OWJN) www.owjn.org
42

43. Resources (General)
Law Society of Upper Canada Lawyer Referral Service
http://www.lsuc.on.ca/with.aspx?id=697
Toll-free: 1-800-268-8326Toll-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 ClinicBarbra Schlifer Commemorative Clinic
Ministry of the Attorney Generaly y
http://www.attorneygeneral.jus.gov.on.ca/english/
Toll free: 1-800-518-7901
TTY: 1-877-425-0575
43

44. This webinar was brought to you by
Your Legal Rights: A website of legal informationYour Legal Rights: A website of legal information
for people in Ontario
For more information visit Your Legal Rights at
www.yourlegalrights.on.ca
For more public legal information webinars visit:
www yourlegalrights on ca/trainingwww.yourlegalrights.on.ca/training