Refugee Law Services – Adeegyada Sharciga Qaxootiga

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Refugee Law Services – خدمات قانون پناهنده ى

Legal Aid Ontario – Faimly Mediation Sessions

Beginning in 2014, Legal Aid Ontario will be offering family mediation on Tuesdays by appointment at the Rexdale Community Legal Clinic (RCLC). Clients or Professionals who may be interested in learning more about Legal Aid Ontario’s mediation services may attend our 1 hour, monthly, information sessions to be held at the Rexdale Community Legal Clinic. Please register in advance with our receptionist: 416-741-5201.

Weekly Information Sessions

Mondays from 1:00pm-5:00pm

 

The Family Mediator, Trish Thomas may schedule mediation sessions at the Family Court at 47 Sheppard Ave. East (Yonge & Sheppard) or at the Rexdale Community Legal Clinic on Tuesdays by appointment only. Trish may be contacted directly to arrange for a mediation intake appointment at 416-979-2352 ext. 5193.

NATIONAL HOUSING DAY: TENANT RIGHTS

This article is adapted from Rexdale Community Legal Clinic’s Tenant Rights presentation prepared by Alrica Gordon. It is intended for informational purposes only and does NOT constitute legal advice. If you have an issue with housing, tenant rights, are facing eviction, or for all other legal matter please call the clinic directly at (416)741-5201. We do NOT give legal advice online.

TENANCY AGREEMENTS

• A contract between a landlord and tenant in which the tenant agrees to pay rent for the right to live in a rental unit provided by the landlord.
• The Residential Tenancies Act does not require all landlords and tenants to have a written tenancy agreement or lease.   A tenancy agreement can be an oral or written arrangement.  However, it is generally better to have a written agreement

WHAT INFORMATION SHOULD BE CONTAINED IN THE AGREEMENT

• The date the tenant will move into the rental unit
• The rent amount
• The date rent is to be paid
• What services are included in the rent (such as electricity or parking) and any separate charges
• The rules that the landlord requires all tenants to follow

SETTING THE RENT

• No limit on how much rent landlords can charge new tenants when they first move in.
• Starting rent will be whatever you and the landlord agree on.
• There ARE limits on how much and how often your rent can go up

RENT INCREASES

There are 3 main rules your landlord must follow to raise your rent:

• 12 MONTHS APART

After you move in, your landlord must wait at least 12 months before raising your rent

• 90 DAYS WRITTEN NOTICE

You must receive 90 days written notice  before your rent goes up.

• GUIDELINE AMOUNT

The provincial government sets the guideline for rent increases for each calendar year.  The landlord has the right to raise your rent by that amount.

2013                2.5%

2014                0.8%

RENT DEPOSITS

• A landlord can collect a rent deposit if it is requested on or before the day that the landlord and tenant enter into the tenancy agreement
• The rent deposit cannot be more than one month’s rent or the rent for one rental period, whichever is less
• The rent deposit must be used for the rent for the last month before the tenancy ends.  It cannot be used for anything else, such as to pay for damages

WHAT INFORMATION DO YOU HAVE TO PROVIDE?

A landlord can ask the person applying for the rental unit to provide information such as:

• Current residence,
• Rental history,
• Employment history,
• Personal references,
• Income information (if credit references and rental history information are also requested).

However, the Ontario Human Rights Code has special rules about asking for information about the income of a prospective tenant.

WHO IS RESPONSIBLE FOR MAINTAINING THE UNIT?

It is the landlord’s responsibility to maintain the unit and ensure that it is in a good state of repair, even if:

• The tenant was aware of problems in the unit before they moved into it, or,
• The landlord puts into the lease that the tenant is responsible for maintenance
• However, the tenant is responsible for keeping the unit clean, up to the standard that most people consider ordinary or normal cleanliness
• The tenant is also responsible for repairing or paying for any damage to the rental property caused by the tenant, their guests or another person living in the rental unit

WHAT SHOULD A TENANT DO IF REPAIRS ARE NEEDED TO THEIR BUILDING OR UNIT?

• First talk to the landlord and let the landlord know what the problems are
• Put all the problems in writing and give this to the landlord or the person who takes care of these problems (e.g. the superintendent or property manager)
• If the landlord refuses to do the repairs or the tenant thinks that the landlord is taking too long to deal with them, the tenant has several options

CAN A LANDLORD ENTER A TENANT’S UNIT?

• Only under specific circumstances.
• In most cases, the landlord must first give the tenant 24 hours written notice, stating when they will enter and for what reason.
• There are some exceptions, however, such as in the case of an emergency or if the tenant agrees to allow the landlord to enter the unit

WHAT CAN HAPPEN IF A LANDLORD ENTERS A UNIT ILLEGALLY?

The tenant may file an application with the Landlord and Tenant Board. If the Board finds that the landlord has entered the unit illegally, there are a number of things that the Board may order:

• the tenant could receive an abatement of rent
• the landlord could be ordered to pay a fine

UTILITIES AND VITAL SERVICES

Your landlord CANNOT cut off or interfere with any vital services, e.g. supply of water, electricity or heat. If this happens, call the legal clinic or the province’s Investigation & Enforcement Unit:
Ministry of Municipal Affairs and Housing
Investigation & Enforcement Unit
1-888-772-9277
http://www.mah.gov.on.ca/ieu

MOVING OUT

You must give written notice that includes the date you want to move out, and you must give the notice a certain number of days before you want to move out.

EVICTION

• It is against the law for your landlord to evict you without first getting an order from the Landlord and Tenant Board
• The Landlord must follow the steps set out in the Residential Tenancies Act

REASONS TO EVICT

• You owe rent
• You often pay your rent late
• You or your guests did something illegal on the property
• You or your guests caused damage or serious problems for your landlord or other tenants
• Your landlord wants to tear down the building or use it for something else
• Your landlord, your landlord’s family, someone buying your place, or the buyer’s family wants to move in.

If you do not want to leave or if you do not agree with the reasons in the Notice, you do not have to move out.  Get legal advice right away!

WHAT IF YOU DON’T MOVE OUT?

If you decide not to move out when the landlord gives you a Notice, the landlord must give you:

• A Notice of Hearing from the Landlord and Tenant Board
• An Application explaining what your landlord is asking the Board to do

LANDLORD & TENANT BOARD

• The tribunal settles disputes between landlord and tenants
• The tribunal enforces the right of the landlord or tenant
• It is like a court, but less formal

LANDLORD & TENANT BOARD HEARINGS

 It is important that you go to the hearing. If you do not go, the Board can hold the hearing without you.  If that happens, the Board member will probably decide to evict you because they will not hear your side of the story.

 Bring evidence to your hearing:

• Witnesses
• Photos
• Inspector’s reports
• Work Orders
• Audio or Video recordings

WHERE TO GET HELP

• Your Community Legal Clinic
• Legal Aid Ontario Tenant Duty Counsel
• M.A.H. Investigation and Enforcement Unit
• Landlord and Tenant Board
• Tenants’ organizations
• Your neighbours

If you are having issues with housing, tenant rights, or are facing eviction, please call us at (416) 741-5201.

Rexdale Community Legal Clinic
416-741-5201
www.rexdalecommunitylegalclinic.ca

CLICK HERE TO FIND YOUR LOCAL COMMUNITY LEGAL CLINIC

Legal Aid Ontario
1-800-668-8258
TTY: 1-866-641-8867
http://www.legalaid.on.ca

Landlord and Tenant Board
416-645-8080
http://www.ltb.gov.on.ca/

Ministry of Municipal Affairs and Housing
Investigation & Enforcement Unit
1-888-772-9277
http://www.mah.gov.on.ca/ieu

Federation of Metro Tenants Association
416-413-9442
http://www.torontotenants.org/

Community Legal Education Ontario
http://www.cleo.on.ca/

Your Legal Rights
http://yourlegalrights.on.ca/

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.

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.

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

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

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.

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

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

This entry was posted in International on October 30, 2013 by Legal Aid Ontario.

Toronto Employment & Social Services: Newcomer Employment and Services Forum