Transcript Facilitator’s Guide: Introducing front

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 Conference
March 2009, Toronto
About CLEO
• CLEO (Community Legal Education
Ontario/Education juridique communautaire
Ontario) is a legal clinic that provides lowincome 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
CLEO publications
• 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’S Legal Rights Handbook
• 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
Objectives of Facilitator’s Guide:
• 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
Contents of Guide
• Part I: Materials for Facilitator
• Part II: Handouts for Participants
Part I: Materials for Facilitator
• Steps for planning the workshop
• Speaking Notes
• Introduction to workshop
• Legal rights handbook content - notes
• Case scenarios and background notes for
discussion
• Evaluation
Part II: Handouts for Participants
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Objective
Introduction to Handbook
Scenarios
Glossary of some legal terms in Handbook
Evaluation
Planning the workshop
• Set aside 3 to 3.5 hours
• Prepare an agenda:
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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
Introduction
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
Handbook Contents
• 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
Part 1: Introduction
• Definition of abuse
• Immigrant women
• Aboriginal women issues
Part 2: Preparing to Leave
• Importance of safety plan and how to
make one
• What happens when she calls police
• Evidence – what type she should keep of
assault
Part 3: The Criminal Process
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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 4: The Criminal Trial
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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 5: Protecting Yourself
• 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 6: Your Rights Under Family
Law
• 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 7: The Next Steps
• Social assistance
• Making an application to the CICB
(Criminal Injuries Compensation Board)
Part 8: Legal and Community
Resources in Ontario
• 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
Scenarios
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
Support for Workshops
• 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 [email protected]
• Support includes assisting the agency Facilitator
prepare the workshop, attendance at workshop
to support Facilitator, evaluation and any follow
up arising from the workshop
Immigrant women, domestic
violence and legal issues
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.)
Permanent Status
•Citizens
•Permanent Residents
•Convention refugees/protected persons
Obstacles for women with
permanent status
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.
Temporary resident status
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
Obstacles for women with
temporary status
• 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
No status
• 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)
Impact of no status
• 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
Resources for non status women
• 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
What you need to know
• 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…
Resources
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
More Resources
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