About CLEO

1. Facilitator’s Guide: Introducing front-line workers to CLEO’s legal rights handbook,“Do you know a woman who is being abused?”Challenges, Choices, Changes ConferenceMarch 2009, Toronto

2. CLEO (Community Legal Education Ontario/Education juridique communautaire Ontario) is a legal clinic that provides low-income and disadvantaged communities in Ontario with legal information and education they need to understand their legal rights Publications are free – some are available only online and can be downloaded About CLEO

3. CLEO materials are accurate, up to date, with clear and concise language Cover many areas of law: social assistance, tenants’ rights, refugee and immigration, family and criminal law Available in English and French (some publications are in other languages) www.cleo.on.ca order form and to sign up for announcements re: new publications (416) 408-4420 CLEO publications

4. The handbook, “Do you know a woman who is being abused?” is a valuable tool for women who have experienced intimate partner violence and for service providers working with them Revised regularly to reflect changes in the law, recent developments and procedures and resources available to women experiencing domestic violence CLEO’S Legal Rights Handbook

5. To provide agency staff with easy-to-use instructions and materials for planning and conducting an in-house workshop on CLEO’s legal rights handbook To introduce key components of the handbook to staff to maximize their ability to use it as an effective resource To enhance the knowledge and confidence of staff about legal issues involved in domestic violence situations Objectives of Facilitator’sGuide:

6. Part I: Materials for Facilitator Part II: Handouts for Participants Contents of Guide

7. Steps for planning the workshop Speaking Notes Introduction to workshop Legal rights handbook content - notes Case scenarios and background notes for discussion Evaluation Part I: Materials for Facilitator

8. Objective Introduction to Handbook Scenarios Glossary of some legal terms in Handbook Evaluation Part II: Handouts for Participants

9. Set aside 3 to 3.5 hours Prepare an agenda: Introduction – all (15 to 30 min.) Review of handbook – Facilitator (60 – 90 min.) Scenarios – all (60 min.) Questions and evaluations – all (15 min.) Provide Handbook to participants one week before workshop Hand out scenarios at the workshop Planning the workshop

10. Speaking notes for Facilitator: Give background to Handbook – revised with input from many sectors Workshop aims to help staff know where to look for information Make clear the distinction between legal information and legal advice Introduction

11. Facilitator explains the structure of CLEO’s Legal Rights Handbook, that there are 8 parts, and identifies some of the main issues/topics that are addressed in each part Handbook is 60 pages, clear language but detailed information Handbook Contents

12. Definition of abuse Immigrant women Aboriginal women issues Part1: Introduction

13. Importance of safety plan and how to make one What happens when she calls police Evidence – what type she should keep of assault Part 2: Preparing to Leave

14. What charges can be laid What happens when she is charged When will a CAS be contacted What happens at a bail hearing – what conditions can be imposed/breaches Part 3: The Criminal Process

15. Preparing for the trial What if she is afraid to testify Role of participants in trial process Sentences he can get Victim impact statements Part 4: The Criminal Trial

16. Family and criminal law orders “restraining orders” and “orders for exclusive possession” Peace bonds How to decide whether to get a peace bond or a restraining order Part 5: Protecting Yourself

17. What women should know about taking the children when they leave Involvement of a CAS where there is violence against the mother How a judge decides custody What if he is not paying support/refusing access Part 6: Your Rights Under Family Law

18. Social assistance Making an application to the CICB (Criminal Injuries Compensation Board) Part 7: The Next Steps

19. Give examples of what is available and listed in Part 8, ie. Legal Aid Ontario’s emergency 2-hour advice certificates Community Legal Clinics METRAC – Metropolitan Action Committee on Violence Against Women and Children Assaulted Women’s Helpline Part 8: Legal and Community Resources in Ontario

20. There are 3 scenarios: Divide into small groups, with one note taker in each Read and discuss Discuss and look for answers in the Handbook Small groups present notes and discuss with entire group Facilitator refers to “Background notes” to raise any issues that the group does not discuss Scenarios

21. There is some funding for CLEO to provide support to agency staff planning a workshop using the Facilitator’s Guide Contact CLEO at (416) 408-4420 ext. 16 or email kmarshall@cleonet.ca Support includes assisting the agency Facilitator prepare the workshop, attendance at workshop to support Facilitator, evaluation and any follow up arising from the workshop Support for Workshops

22. It is very important for service providers assisting immigrant women to know what their STATUS is and what implications that status has when helping them make decisions, including whether to call the police. Three broad categories of status: Permanent Temporary No status (expired visa, etc.) Immigrant women, domestic violence and legal issues

23. Citizens Permanent Residents Convention refugees/protected persons Permanent Status

24. Permanent status is not affected if she chooses to leave an abusive partner. She is able to call “911” without fear of police or immigration; however, there is a lot of misinformation in many immigrant communities about this. Important: There can be immigration consequences if she is charged and convicted of a criminal offence – she needs advice from an immigration lawyer. Obstacles for women with permanent status

25. These women have permission to stay in Canada, temporarily. Status given for a fixed period of time: Visitor Student Work permit, including Live-in caregivers Other temporary status: Refugee claimant Pre-Removal Risk Assessment applicant Temporary resident status

26. Impact of decision to leave partner depends on his status and whether she is dependent on him – ie. if her refugee claim is joined to his If temporary status is valid, she should be able to call “911” without fear of arrest by Immigration – there can be confusion about her temporary status Being a victim of crime will not necessarily allow her to remain in Canada to attend trial if her temporary status expires – she can seek to renew her status or talk to the Crown about a subpoena so she can stay in order to testify A criminal conviction will jeopardize her ability to remain in Canada – she needs legal advice on this right away Obstacles for women with temporary status

27. Women whose visitor visas have expired Women whose sponsorship has been withdrawn before they receive permanent resident status Failed refugee claimants who have not succeeded with any appeals and who have remained in Canada (they may have an immigration warrant out against them) Women without status who have applied for humanitarian and compassionate consideration (this application does not give status or prevent removal from Canada) No status

28. These women are the most vulnerable Abusers often threaten to call Immigration Women do not feel safe calling “911” – despite Toronto Police “Don’t Ask” policy re: status Need legal advice and support – referral to lawyer/community legal clinic to advise/assist with an application to remain in Canada on “humanitarian and compassionate” grounds Impact of no status

29. Legal Aid Ontario will authorize a woman in an emergency domestic violence situation to meet with a family or immigration lawyer for up to 2 hours for emergency legal advice These authorizations can be issued by community legal clinics and women’s shelters Resources for non status women

30. The woman’s status: permanent, temporary, or no status Importance of immigration legal advice if she has been charged with a criminal offence What information/referral she needs to get the advice/representation she needs on time – she may be able to pursue an application to remain in Canada on humanitarian grounds Referrals to immigration and family lawyers – there may be children with status in Canada and she may need to apply for custody, restraining order, etc… What you need to know

31. http://www.cleo.on.ca/english/pub/onpub/PDF/immigration/immwomdv.pdf CLEO fact sheet on immigrant women and domestic violence http://www.cleo.on.ca/english/six/English/stat-en.pdf CLEO fact sheet on criminal charges and immigration status www.cleo.on.ca CLEO website http://www.cleo.on.ca/english/pub/onpub/PDF/legalHelp/ontario.pdf List of community legal clinics in Ontario http://www.cleo.on.ca/english/pub/onpub/PDF/criminal/handbook.pdf CLEO’s Legal Rights Handbook “Do you know a woman who is being abused?” - See Part 8 pp. 58 -61 for more links and resources Resources

32. Ontario Women’s Justice Network fact sheets on non-status women http://www.owjn.org/index.php?option=com_content&view=article&id=195&Itemid=107 http://www.owjn.org/action/non-status.htm Parkdale Community Legal Services, “Guide to social membership entitlements in Ontario”, updated March 2009 More Resources