Author name: Executive RLA Ontario

DATE: December 5, 2019; 5:00PM–8:15PM

LOCATION: Centre for Social Innovation (CSI), 192 Spadina Ave (Queen & Spadina)

CPD Hours: To be confirmed

To register for this event, pay the appropriate fee by e-Transfer to [email protected].

5:00pm –5:15pm: Welcome and Introduction to Speakers

Panel I: 5:15pm–6:15pm
Panelists: Joshua Blum; Jared Will & Associates; Constance Nakatsu, Barrister and Solicitor

Topic: Statelessness and Citizenship (Joshua Blum)
-How does statelessness occur?
-Difference between de jure statelessness and de facto statelessness
-Country of former habitual residence
-Issues and strategies for Palestinians, including the right of return
-Obtaining identity documents for stateless persons
-Removal issues

Topic: Citizenship (Constance Nakatsu)
-Country of nationality: what does this mean?
-The obligation to seek citizenship of a second country
-Navigating potential citizenship by virtue of jus sanguinis
-The impact of rendering individuals stateless before seeking citizenship of a second country
-Issues and strategies for Tibetans

6:15pm–6:25pm: Questions and answers for Panel One

6:25pm–6:45pm: BREAK. Light Dinner to be Served

Panel II: 6:45pm–7:45pm
Panelists: Sandra M. González Ponce, Barrister and Solicitor; LSO representative [tentative]

Topic: Domestic Law Expert Opinions (Sandra M. González Ponce)
-Intersections between child protection, criminal law, and refugee law
-Race, status, and child protection proceedings
-The obligation to obtain advice from lawyers in other practice areas where there will be an impact on a refugee proceeding

Topic: LSO Complaint Process
-What is the process for an LSO complaint, particularly within the investigative process?
-Is there an obligation for investigators to interview clients or the impugned counsel?
-What are the timelines for a complaint?
-Is the situation of the client taken into consideration, i.e., is the LSO process faster if the client is about to face removal?
-Does the LSO take into consideration the nature and number of past complaints against the impugned counsel when assessing new complaints?
-What is the line between a frivolous and non-frivolous complaint?

7:45pm–7:55pm: Questions and answers for Panel Two

7:55–8:15pm: Annual General Meeting of the RLA

For Immediate Release – August 12, 2019

Media Release – Refugee advocates applaud Prime Minister Trudeau for refugee and immigrant legal aid announcement

Canadian Association of Refugee Lawyers (CARL) & Refugee Lawyers Association of Ontario (RLA)

The Canadian Association of Refugee Lawyers (CARL) and the Refugee Lawyers Association (RLA) of Ontario congratulate and applaud Prime Minister Trudeau for today’s announcement addressing the refugee and immigration legal aid crisis in Ontario, and increasing refugee and immigration legal aid funding across the country.

“Refugees and immigrants in Ontario have been facing a crisis,” said Maureen Silcoff, President of the Canadian Association of Refugee Lawyers (CARL), “The Ontario government abruptly cancelled the refugee and immigration legal aid program in April 2019. No one who is facing torture in a repressive regime, no woman who ran away from severe domestic violence in a country without protections, no LGBTQ2S individual who fled to save her life, should be subject to high-stakes legal proceedings without legal counsel.”

“Canada’s complex refugee system is nearly impossible to navigate without legal representation – all the more so for individuals who arrive in Canada with nothing, who are traumatized,” said Raoul Boulakia, a member of the Refugee Lawyers Association of Ontario’s Executive, “timely restoration of legal aid funding was critical to protect vulnerable individuals. We welcome today’s announcement”.

“The legal aid system is essential to the refugee and immigration systems. The funding crisis that resulted from Ontario’s reckless cuts created an untenable situation,” said Maureen Silcoff, President of the Canadian Association of Refugee Lawyers (CARL). “The province still has a critical role to play in funding legal aid services – and we hope they will step up to their responsibilities, be it in this fiscal year or next.”

“Funding for legal aid’s immigration and refugee program has always been shared between the provincial and federal governments. The Ford government’s reckless cuts left vulnerable people in crisis.” said Raoul Boulakia, a member of the Refugee Lawyers Association of Ontario’s Executive, “we applaud this announcement from the federal government, which is right to step in to avoid such irreparable harm to immigrants and refugees.”

Background:

Legal Aid Ontario (LAO) has traditionally provided Ontarians living below the poverty line of $17,000 in annual income with access to a lawyer for meritorious refugee and immigration cases.

On April 11, 2019, the Government of Ontario told LAO it could not use provincial money for any refugee and immigration cases.

Media Inquiries:

Erin Simpson – [email protected]   416-363-1696 ext. 103     647-406-1341

Photos of the Elpis Gala, a celebration of women working in refugee law, June 26, 2019. The Elpis Award for contributions to refugee law was given to Barb Jackman! Thanks to all who made the night possible.

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For Immediate Release – June 25, 2019

Refugee advocates are calling for urgent action from the federal government to resolve the refugee legal aid crisis, in the wake of significant changes to the refugee process in the federal Budget Implementation Act that was passed last Thursday.

Women fleeing domestic violence in their home country will be among the hardest hit by this crisis. Because recent changes in the US have shut the door on asylum for women making gender-based claims, they are without protection in the US. Now, when they arrive in Canada, they will be barred from the refugee process here too and deprived of access to a legal aid lawyer to navigate the inferior process the federal government has put in place. 

“The result of the Canadian changes is clear: women survivors of domestic violence now have fewer protections in Canada, which places them at risk of deportation to the very dangers they fled,” said Jenn McIntyre, Executive Director of Romero House. 

LGBTQ2IQS individuals are also at a high risk of being sent home to face violence because of the combination of the new refugee bar and the absence of legal aid. 

“It has been two months now since the Ford government cancelled legal aid for refugees and immigrants, and the federal government has taken no concrete action to address the absence of counsel for vulnerable individuals in refugee and immigration proceedings” said Raoul Boulakia, a member of the Refugee Lawyers Association Executive. “Yet the federal government has invested considerable new resources in deportations and, with the passage of the budget bill, has truncated the protections available to refugee claimants. The combined effect is a juggernaut for vulnerable individuals subject to refugee and immigration proceedings in federal courts and tribunals.”

“Legal aid is critical to the integrity and efficiency of the refugee process,” said Maureen Silcoff, President of the Canadian Association of Refugee Lawyers (CARL). “The Ford government was reckless to cancel its funding for the program, but two months later, that’s no justification for the federal government’s total lack of action. The Federal government oversees the refugee determination system. It cannot pretend to be a bystander here.”

Media Inquiries:
Erin Simpson – [email protected]   
416-363-1696 ext. 103 / 647-406-1341

BACKGROUND:
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The Ontario legal aid crisis is about to become more acute than ever because of the changes to the system. The Budget Implementation Act makes all individuals who filed a refugee claim in the US, or other “Five Eyes” countries, ineligible to make a claim for refugee protection in Canada. These new rules apply regardless of whether the individual’s previous claim was ever considered or decided, or whether protection was actually available. Individuals who are found ineligible are left to make their case for protection in Canada through the inferior “pre-removal risk assessment” process, which has an extremely low acceptance rate. 

For these individuals, it is a federal Immigration officer alone who will decide whether they need protection from torture or serious harm if they are deported to their home country. While Minister Bill Blair has indicated that basic rights will be respected in this process through a hearing, with counsel, there is in fact no real opportunity for most individuals to obtain counsel. The federal government is forging ahead despite knowing that in Ontario, which handles the majority of these cases, people won’t have lawyers because the Provincial government has entirely withdrawn funding for legal aid for refugees and immigrants. 

Refugees need lawyers now more than ever so they won’t be removed to face persecution. Refugee advocates are calling on the federal government to provide immediate emergency funding to the legal aid program; and on both levels of government to meet quickly to begin serious negotiations on a new funding formula. 

For Immediate Release – June 12, 2019

The Canadian Association of Refugee Lawyers (CARL) and the Refugee Lawyers Association of Ontario (RLA) are calling on the Government of Canada to halt the deportation of individuals who do not have access to a lawyer as a result of Ontario Premier Doug Ford’s recent cuts to Legal Aid funding.

Legal Aid Ontario (LAO) has traditionally provided Ontarians living below the poverty line of $17,000 in annual income with access to a lawyer for meritorious refugee and immigration cases. On April 11, 2019, the Government of Ontario told LAO it could not use provincial money for any refugee and immigration cases, as a part of an overall 30% cut to the province’s legal aid budget. A growing chorus has denounced these cuts – joined most recently by the Department of Justice lawyers, who have released a statement stating: “By forcing the end of services that help marginalized people defend their rights, access to justice is being denied to those who need it the most in Ontario.”

Canada’s complex refugee system is nearly impossible to navigate without legal representation – all the more so for individuals who arrive in Canada with nothing, who are traumatized, and who do not speak English or French. The fact is that many refugees cannot present their cases without a lawyer. And they now face deportation to the very persecution, torture, detention or death that they fled.

“Doug Ford’s elimination of legal aid for refugees is a shameful abdication of Ontario’s role in the administration of justice,” says Raoul Boulakia of the RLA executive. “Charter rights are at stake here. Only the federal government can ensure that vulnerable people are not deported because they cannot afford a lawyer to present their case properly, or to help them appeal a decision that was wrongly made.”

“No one who is facing torture in a repressive regime, no woman who ran away from severe domestic violence in a country without protections, no LGBTQ2S individual who fled to save her life, should be deported without access to a lawyer because of a funding dispute between Queen’s Park and Ottawa,” says Maureen Silcoff, President of CARL.

This is why we are calling on Ottawa to halt all removals of individuals who have been deprived of access to counsel because of the legal aid cuts until the crisis is resolved.

In the meantime, we implore the Ford government to reverse these cuts, and we call on both levels of government to arrive at a shared funding formula to restore legal aid for refugees and immigrants in need.

Media Inquiries:
Erin Simpson – [email protected]
416-363-1696 ext. 103 647-406-1341

We are pleased to announce that tickets to the first ever Elpis Gala are now available!

Women fill every role within the refugee system: legal professionals, community activists, case workers, health care providers, academics, social workers and more. Join us in celebrating our achievements and the contributions of our colleagues, while mentoring the next generation of refugee advocates! All individuals identifying as female are welcome.

Please also RSVP to our event on Facebook.
Tickets are limited, so get them soon!

All proceeds from this event will be donated to Nellie’s Shelter.

Hope to see you there!

The Refugee Lawyers Association (RLA) and the Canadian Association of Refugee Lawyers (CARL) are encouraging concerned individuals to reach out to their MPPs directly to engage them in action against legal aid cuts.

Please see more information below and a guide to help you set up a meeting with your MPP.

The RLA expresses concern over instances where the Refugee Protection Division (RPD) has denied requests for postponement of a hearing based on counsel’s ill-health or injury. The RLA is deeply concerned that in such cases, the Tribunal has not accommodated the counsel’s health or injury-related postponement requests. Many lawyers from our bar work as sole-practitioners or in small firms. As such, in most cases it is not reasonably possible for a lawyer to transfer the file to other counsel if they fall ill, are injured, or have a medical emergency.

The axe has fallen on legal aid for immigration and refugees in Ontario.

Just after 4 pm today, Legal Aid Ontario (LAO) announced by email to staff and stakeholders that, with limited exceptions, the program will be discontinued effective Tuesday morning.

The Province’s unilateral and abrupt end to this critical legal services funding will put people’s lives at risk. It will also throw the justice system into chaos.

This is a crisis. The effects of this decision will be immediate, catastrophic and irreversible.

Premier Doug Ford and Attorney General Caroline Mulroney should immediately reinstate funding for these critical services. We also call on Prime Minister Trudeau to speak with the Premier immediately and remind him of the Province’s responsibilities and that lives are at stake.

Media Inquiries

Erin Simpson
[email protected]
416-363-1696 ext. 103
647-406-1341

On April 11, with the release of the Budget, the Government of Ontario made a significant cut of approximately one third of all Legal aid funding. These cuts will jeopardize the rights of those who need legal representation the most.

URGENT! Sign your name now to the petition – let the Government of Ontario know that you care about funding to legal aid and are concerned about how it will impact the most disadvantaged and vulnerable people in our society, including refugees and immigrants in Ontario.

REVIEW AND SIGN: HERE

Many refugee claimants arrive in Canada with almost nothing. Many are dealing with the aftermath of extreme personal trauma and struggle with PTSD, depression or other mental health issues as a result of the events that caused them to leave their homes and countries of origin. Often with little to no English, and even less legal knowledge, they are required to file legal forms, collect evidence, and appear in a hearing to test their claim. They are not equipped to represent themselves in Canada’s refugee determination system, a highly specialized legal field. This is why Legal Aid funding is so essential to protect the rights of such a vulnerable population and to ensure that their full story is heard by a refugee decision-maker through providing access to legal representation.

Access to Legal Aid is also essential to low-income Ontarians who are facing legal proceedings, such as in criminal, family, mental health, poverty law and child protection cases. These Ontarians will also struggle to navigate these legally complex, high stakes proceedings alone without legal assistance or resources.

The impact of these cuts is huge. Vulnerable populations like refugees are left to represent themselves in a complex and already overburdened legal system, where a negative decision leads to deportation to countries where lives may be at risk. The cuts will lead to backlogs and delays throughout the justice system, causing chaos in the courts and costing taxpayers more, not less.

Contact your MPP and MP now:

• Provincial member of Parliament (MPP): https://voterinformationservice.elections.on.ca/en/election/search?mode=postalCode 
• Federal Member of Parliament (MP): http://www.ourcommons.ca/Parliamentarians/en/constituencies/FindMP