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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.
Please Note:
The content of this webinar is based on law or
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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.
Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.
Immigration, Women and Children
Part 2: Specific Situations
April 12, 2012
Tamar Witelson, Legal Director, METRAC
Raoul Boulakia, Immigration and Refugee Lawyer, Toronto, Ontario
www.onefamilylaw.ca
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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
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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Presenters
Tamar Witelson
Raoul Boulakia
Legal Director, METRAC
Refugee and Immigration Lawyer,
Toronto, Ontario
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Immigration, Women and Children
Opening Remarks
Barriers to leaving an abusive relationship:
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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 Covered
1. Introduction
 Domestic Violence and Abuse
 Non-citizens’ Rights in Family Court
2.
3.
4.
5.
6.
7.
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
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 Abuse
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
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 page
http://www.onefamilylaw.ca/en/resources/
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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)
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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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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
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Relationship Breakdown:
Sponsored Permanent Residents
Leaving an Abusive Sponsor
 How she can get financial support:
 Sponsor’s obligations
 Social Assistance
 Look for Work
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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 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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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
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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.”
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Sponsorship Breakdown:
when Children are Involved
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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.
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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”
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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)
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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
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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 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
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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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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
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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
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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
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Presenters
Tamar Witelson
Raoul Boulakia
Legal Director, METRAC
Refugee and Immigration Lawyer, Toronto,
Ontario
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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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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
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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.
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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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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.
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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
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Travelling with Children
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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.
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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
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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
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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.
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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
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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
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Travelling with Children
Child Abduction
 Response:
 Contact the local police
 Contact an immigration lawyer
 Contact 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 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:
 http://www.voyage.gc.ca/publications/childabductions_enlevements-enfants-eng
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Presenters
Tamar Witelson
Raoul Boulakia
Legal Director, METRAC
Refugee and Immigration Lawyer, Toronto,
Ontario
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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

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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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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 Service
http://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 Relationship
http://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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for people in Ontario
For more information visit Your Legal Rights at
www.yourlegalrights.on.ca
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