Refugee Law Services – Adeegyada Sharciga Qaxootiga

Refugee Law Services - Adeegyada Sharciga Qaxootiga

Refugee Law Services – خدمات قانون پناهنده ى

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CANADIAN HOUSING & RENEWAL ASSOCIATION Infographic

 THE CANADIAN HOUSING& RENEWAL ASSOCIATION is the national voice for the full range of affordable housing and homelessness issues and solutions.

HE CANADIAN HOUSING  & RENEWAL ASSOCIATION INFOGRAPHIC

HE CANADIAN HOUSING
& RENEWAL ASSOCIATION INFOGRAPHIC

 

Refugee Services in Rexdale

Rexdale is located within an ‘urgent priority’ neighborhood of Toronto with a large number of new immigrant families; a demonstrated need for refugee services.

Since April 1, 2011 Legal Aid Ontario has issued 301 Certificates to clients residing in the M9W, M9V, M9R, and M9P postal code prefixes, which allow clients to seek out private immigration law services who accept LAO certificates. Nearly half of these certificates have been issued to clients who originate from Somalia and Nigeria.

US Blackhawk helicopter over Mogadishu on the Day of Rangers

PHOTO: US Department of State

Somalia has been in a de facto state of civil war since 1991 when the communist dictatorship of Mohamed Siad Barre was ousted by a coalition of rebel movements.

Nigerian troops with US C130 transport aircraft

PHOTO: US Department of State

Nigeria has been plagued by ethnic conflict and violent disputes over oil since the country regained democracy in 1999, after 33 years of military rule.

Refugee Certificates issued by LAO in Rexdale from April, 2011 to Present:

COUNTRY of ORIGIN Number of LAO Certificates Issued
SOMALIA 103
NIGERIA 43
Pakistan 16
Hungary 9
Poland 8
St. Vincent & the Grenadines 8
Afghanistan 8
Namibia 7
India 6
Hon. Jason Kenney, Minister of Citizenship, Immigration and Multiculturism speaks to media Day 31st, 2010 on the proposed Balanced Refugee Reform Act, introduced in the House of Commons on March 30.

PHOTO:  Dave Abel / Toronto Sun / QMI Agency.

Balanced Refugee Reform

On 15 December 2012, important changes to Canada’s refugee determination system came into effect. The Balanced Refugee Reform Act brought many changes to the refugee protection system. Intended to deliver faster decisions, deter abuse and quickly remove persons not in need of Canada’s protection.

“Our changes will make Canada’s asylum system faster and fairer,” said Canada;s former Minister of Citizenship and Immigration and current Minister for Employment and Social Development and Minister for Multiculturalism, The Honorable Jason Kenny. “For too long, Canada’s generous asylum system has been vulnerable to abuse. Under the new asylum system, genuine refugees fleeing persecution will receive protection more quickly. At the same time, bogus asylum claimants and those who abuse our generous system at great expense to taxpayers, will be removed much faster.”

Changes to Immigration and Refugee Protection Act

  • The Personal Information Form is now referred to as the Basis of Claim
  • 28 day time line to submit this form has been reduced to 15 DAYS
  • A hearing will take place no longer than 60 days from the day the claim is made.

This is down from the average 600 days to receive a hearing (CIC).

TIME LINE: Claim made at Port of Entry (ex. Pearson Airport)

  • Day 1- Arrive in Canada-Complete eligibility forms-have eligibility interview-receive BoC and RPD Hearing date
  • Day 10- Deadline for submitting address and telephone number to CBSA
  • Day 15: Deadline for Submitting BoC Forms to IRB-RPD
  • Day 50 (approx) Deadline for submitting all documents to the IRB-RPD
  • Day 60-REFUGEE HEARING
Terminal 1 of Pearson International Airport in Toronto, ON

PHOTO: AcidBomber at en.wikipedia (GNU Free Documentation License)

Designated Countries of Origin

DCOs are countries that do not normally produce refugees, and respect human rights and offer state protection. Claimants from a DCO will have their asylum claim heard faster (30-45 Days) and will not have access to the new Refugee Appeal Division (RAD) at the IRB.

Concerns in the context of female claimants

 With very short timelines for filing forms and for the refugee hearing many women will find they don’t have enough time to prepare for the refugee hearing. It takes time and trust to be ready to speak about traumatic experiences, especially sexual violence. Documentation of human rights abuses against women is not always readily available. It is also more difficult to meet short timelines if you are juggling childcare.

Because of the barriers to legal representation more claimants will be left unrepresented in the new system. Negotiating the refugee process without a representative is particularly difficult for women who have had limited access to education or relevant professional experience.

Woman wearing a hijab

PHOTO: luisrock62, stock.xchng

The Basis of Claim form (BoC)

The Basis of Claim Form is a crucial document that a refugee claimant must fill out for the Immigration and Refugee Board. It is used to determine if they have a valid claim. If information is missing, incorrect, or inconsistent, the Board could refuse the claim.

At the hearing, the claimant will have to answer questions about what they said on the Basis of Claim Form. A Board member who thinks that the claimant has not told the truth—for example, by inventing harm or threats—will refuse the claim.

What Rexdale Community Legal Clinic is doing

  • Prepare and file Basis of Claims with the Refugee Protection Division (RPD)
  • Prepare and represent claimants at the RPD of the Immigration and Refugee Board

Tips for Refugees and community agencies

  • If you are looking to make a refugee claim, contact Rexdale Community Legal Clinic immediately. If you are not within our catchment area we can still give summary advice and will issue appropriate referrals
  • If a client is looking to make a refugee claim, make an immediate referral to Rexdale Community Legal Clinic
  • A potential refugee should never go to CIC without seeking legal advice first-once they do the stringent timelines are triggered!
  • Please Rexdale Community Legal Clinic with any questions and we will be happy to assist

Rexdale Community Legal Clinic's Logo

Legal Aid Ontario Blog – What can Canadian lawyers contribute to a legal conference in Kenya?

kenya

What can Canadian lawyers contribute to a legal conference in Kenya?

October 30, 2013

By Ann McRae

This question initially crossed my mind when I was invited to speak about the use of paralegals in delivery of legal services. Conference organizers felt that as an Ontario legal aid lawyer, I had much knowledge and experience to share with conference participants. Through research and preparation, I came to learn how much Ontario’s legal aid structure and administration of justice has useful lessons for other jurisdictions.

In partnership with law societies from Tanzania, Uganda and Kenya, the Canadian Bar Association (CBA) is providing support and resources to a conference titled “Supporting Access to Justice for Children and Youth in East Africa”. The topics at the three-day event have been chosen to meet the needs and interests of the law societies, judges, court administrators, policy makers and non-government agencies, all of whom are working to improve the awareness and protections of children’s rights in the participating East African countries. A small group of Canadians are sprinkled into the panels and presentations to provide a unique and more established perspective.

The CBA has sponsored three Toronto clinic lawyers to cover three topics at the event taking place in Naivasha, Kenya, from October 29 to October 31. Mary Marrone, Director of Legal Services at the Income Security Advocacy Centre will speak on “The how and why of community engagement in needs assessments – strategies.” Emily Chan, Community Development Lawyer at Justice for Children and Youth will give a presentation on “Public Legal Education for Children and Youth”. As Director of Legal Services at the Rexdale Community Legal Clinic, my talk will be on “Strengthening Access to Justice through Non-Lawyers in the Canadian Legal Aid System”. I plan to focus on the use of paralegals in legal service delivery, including staff offices and community legal workers at clinics.

Ontario enjoys a better-funded judicial system and a better-funded scheme of legal assistance than many around the world. In other jurisdictions, particularly those in developing countries, duty counsel and community legal assistance is provided mostly by pro bono lawyers or non-government agencies. The quality and accessibility of these services varies widely. The structure and range of services offered by Legal Aid Ontario is of great interest to our counterparts in East Africa, and we are looking forward to sharing our knowledge and experience with them.

At the end of three days with the African delegates, we will learn what parts of the Ontario experience are most valuable in an East African context, and undoubtedly bring home valuable lesson to share.

Ann McRae is the Director of Legal Services at the Rexdale Community Legal Clinic. 

Legal Aid Ontario Blog

Strengthening Access to Justice for Children and Youth in East Africa – Naivasha, Kenya 2013

Conference attendees gathered at the end of day one.

Conference attendees gathered at the end of day one. FACEBOOK / AARON BESIGYE, UGANDA LAW SOCIETY

Legal experts are meeting in Naivasha, Kenya, this week to discuss strengthening access to justice for children and youth in East Africa. The forum, organized by Supporting Access to Justice for Children and Youth in East Africa (SAJCEA), the Canadian Government, and the Canadian Bar Association, is joined by our own Director of Legal Services, Ann McRae. She took some time today to let us know how the first day of the conference shaped up:

The conference began on the bus trip along the rift valley: participants from East African countries had gathered with the Canadian visitors at the offices of the Kenya Law Society in Nairobi. Lively conversations had already begun before the bus was loaded for the trip to Lake Naivasha, the conference site.

Legal aid here is largely provided by pro bono lawyers, or by non-government agencies (NGOs).

The focus of this conference is the protection of the rights of children and young people in the criminal justice process, as well as other areas of law. What legal services are available are a combined effort of the bar, the governments and partner agencies. The result is a patchwork with many gaps, with great variation from one country to the next. For example, some “legal clinics” and “community legal workers” exist, but often not working with lawyers.

Mary Marrone (Income Support Advocacy Centre) and Aaron Besigye (Uganda Law Society)

Mary Marrone (Income Support Advocacy Centre) and Aaron Besigye (Uganda Law Society) ANN MCRAE

Kenya has a new constitution as of 2010, and with that comes new social and political priorities. Efforts of projects like this one are needed to extend legal and constitutional protections to the most vulnerable. Today the East African working groups are reporting on progress so far in their respective countries (Kenya, Tanzania, Uganda), whether on law reforms, coordinated training for paralegals or access to government supports. Tomorrow Mary Marrone, Income Support Advocacy Centre, leads a discussion on needs assessment as an essential phase in any planning for change and improvement of access to justice. Later in the conference, Emily Chan, Justice for Children and Youth, will share techniques and best practices in public legal education on access to justice for children. A panel on the use of paralegals, on the third day, will give Ann McRae of Rexdale Community Legal Clinic (Legal Aid Ontario) an opportunity to compare the Ontario model with those of other jurisdictions.

A visit to the conference grounds by three hippos on the first evening was a slight distraction.

Hippo in the water

STOCK PHOTO SXC.HU

Everyone at Rexdale Community Legal Clinic is proud and excited that Ann is joining this international group of experts deliberating on Access to Justice for youth in East Africa. Access to Justice is a world-wide issue, and was a major focus of the Canadian Bar Association’s 2013 Canadian Legal Conference in Saskatoon, Saskatchewan. We look forward to hearing more from Ann in the coming days.

Ann McRae is the Director of Legal Services at the Rexdale Community Legal Clinic, Toronto ON, Canada.

Mary Marrone is the Director of Advocacy and Legal Services at the Income Security Advocacy Centre in Toronto ON, Canada.

Emily Chan is the Community Development Lawyer with Justice for Children and Youth, Toronto ON, Canada.

Aaron Besigye is an Advocate with the Legal Aid Project of the Uganda Law Society, Kampala, Uganda.

External Links:
Daily National (Kenya): Children’s rights conference set for Naivasha

Ask the Hub – HOMELESSNESS AND MENTAL HEALTH IN CANADA (Infographic)

Ask the Hub – Homelessness and Mental Health in Canada

by Homeless Hub
August 09, 2013

 Image of Homeless Hub This post is part of our Friday “Ask the Hub” blog series. Have a homeless-related question you want answered? E-mail us at thehub@edu.yorku.ca and we will provide a research-based answer.

Dear Homeless Hub

Many times when I come across a person who appears to be homeless, he/she also seems to be mentally ill. In your experience, have you discovered that most homeless people are also dealing with a mental illness of some sort? If so, is one kind of mental illness more prominent than others?

Kerry Barbieri
Niagara Falls, Ontario

Dear Kerry,

Mental illness is often misunderstood in our society, and this is particularly true as it pertains to people who are homeless or street-involved. It can sometimes be challenging to determine how many homeless people have mental health issues and what types or substance use issues because of the lack of research and data. It is also a challenge to determine whether the mental health issue or substance use caused the person to enter homelessness, or whether these issues arose from their experience of being homeless.

In 2007, the Canadian Institute for Health Information published “Mental Health and Homelessness” report that outlined a number of studies on mental health. There was some general information, but they mainly focused on Post-Traumatic Stress Disorder (PTSD), schizophrenia, substance use and depression. Studies have found that as many as 29% of shelter users have met criteria for one of several mental illnesses including: anti-social personality disorder (along with depression), PTSD or psychotic disorder.

Post-Traumatic Stress Disorder: The same report drew attention to research of homeless youth that found 24% of youth met the criteria for PTSD. Additionally, 40% of youth who met the criteria for Substance Use Disorder also met the criteria for PTSD.

Schizophrenia: There are also overlaps with schizophrenia. One study in Toronto of 300 shelter users found 6% had a psychotic disorder (including schizophrenia). Another study with 124 shelter users in Vancouver found that 7 out of 124 shelter users (nearly 6%) had schizophrenia. This is a significant increase when compared to the general population diagnosis rate of 1%. Substance Use – Throughout Canada, the well-being survey found that 1 to 4% of Canadians have suffered from issues with substance dependence. Several studies have looked at substance dependence and homelessness. A study in Toronto found 68% of shelter users reported a diagnosis of dependence sometime in their life. A study in Vancouver found 44% of homeless adults used non-prescription drugs in the past month. A study in Edmonton found 55% of youth had reported using at least one of the following four drugs in the past year: cocaine, heroin, amphetamines or tranquilizers.

Depression: Throughout Canada, 14-17% of women and 7-10% of men have been diagnosed with depression. In a study conducted in Ottawa, 39% of male youth experiencing homelessness reported symptoms of depression, compared with 20% of male youth who are housed. A separate study, also conducted in Ottawa, found 33% of adult males experiencing homelessness reported having difficulties with mental health; 20% had depression.

Homelessness in Canada

Homelessness in Canada INFOGRAPHIC: the homeless hub

The Mental Health Commission of Canada (MHCC) estimates that between 25 to 50% of homeless people in Canada have mental illness. Out of those with severe mental illness, up to 70% also have difficulty with substance abuse.

MHCC also found that 520,700 people with mental illness are inadequately housed and up to 119,800 people with mental illness are experiencing homeless. Despite these high numbers, there are only 25,000 supportive housing units currently available across Canada.

The interim report (Sept 2012) from the At Home/Chez Soi project administered by MHCC states: “Over 900 individuals from our shelters and on our streets who have not been well served by our current approach are now housed in adequate, affordable and suitable settings. Eighty six percent of participants remain in their first or second unit (as of August 2012). At 12 months those in the Housing First intervention had spent an average of 73% of their time in stable housing. In contrast, those in treatment as usual (TAU) spend only 30% of their time in stable housing. This creates the possibility of better long term health and social functioning outcomes for individuals who have histories of trauma and poor health. Once housed many are beginning to take advantage of the safer places and the opportunities that are created to make better life choices – including pursing opportunities to engage in part or full-time employment.”

As you can see Kerry, it’s hard to get an exact fix on the numbers. What the research does tell us is that there is a strong link between homelessness or insecure housing and mental health issues. Certainly, research has proven that a Housing First approach to solving homelessness – no matter what an individual’s issues are – allows a person to stay housed and to address their other issues over time.

Tanya Gulliver & Isaac Coplan
Homeless Hub

For more information on the relationship between homelessness and mental health visit our Topic – Mental Health.

 

Article source:
Ask the Hub – Homelessness and Mental Health in Canada.