FCJ Refugee CENTRE

walking with uprooted people

LEARNING THROUGH LAW: A LEGAL INFORMATION

TRAINING FOR ELL TEACHERS ACROSS ONTARIO

Presented by the FCJ Refugee Centre

FCJ Refugee Centre

INTRODUCTION

• What place (if any) does legal education have in an ELL classroom?

• What legal issues have come up in your experience working with English language learners? How were these issues addressed?

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THE BENEFITS OF PUBLIC LEGAL EDUCATION (PLE)

• Builds valuable cross-sectoral partnerships

• Encourages applicable language development

• Raises awareness of current legislative and policy changes that are impacting ELL students

• Promotes autonomy for different precarious migrant populations

• Reduces precarity and risk

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CHALLENGES TO PROMOTING PLE IN THE ESL CLASSROOM

• Navigating complicated legal processes

• Introducing students to foreign and intrusive systems without proper support measures

• Accountability, or perceived accountability of schools

• Lack of Anti-Oppression

• Potential to de-emphasize self-determination

Remember… your role isn’t to give legal advice!

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KEY AREAS OF SUPPORT IDENTIFIED BY STUDENTS AND TORONTO ELL PROFESSIONALS:

1. Housing: How do I break a lease? What are my rights in a homestay?

2. Employment: What do I need to work? What are my rights as an employee in Canada?

3. Health: What access to healthcare do I have? What do I need to know in an emergency?

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KEY AREAS OF SUPPORT IDENTIFIED BY STUDENTS AND TORONTO ELL PROFESSIONALS:

4. Immigration: How can I stay here longer? How can I stay here permanently?

5. Criminal law: If I’m stopped by the police, do I need to show my ID? What are the implications for me of a criminal charge?

6. Other areas of law: How do I break a gym contract? What do I do if my passport is stolen? How do I fight a parking ticket?

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HOUSING AND TENANCY

Common Issues

A combination of a lack of awareness of Canadian housing procedures and widespread discrimination in the housing market puts many ELL students in precarious situations.

Resources

• Tenant’s Hotline (416)921-9494

• The tenant survival manual www.torontotenants.org

• Community Legal Education Ontario

www.cleo.org

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LABOURCommon Issues

The level of difficulty and risk that ELL students face when accessing employment often depends on their immigration status; regardless, it is important for students to be informed of their rights and mechanisms for complaint and protection

Resources

• The Worker’s Action Centre

(416)531-0778

www.workersactioncentre.org

• FCJ Refugee Centre

(416)469-9754

www.fcjrefugeecentre.org

• Community Legal Education Ontario

www.cleo.orgFCJ Refugee Centre

HEALTHCommon Issues

Recent policy changes have made it increasingly difficult for certain migrant populations to access the healthcare they need; reduced access to healthcare impacts many other aspects of our students’ well-being

Resources

• Health for All

• Clinics for Uninsured:

Jane St. 416-760-2815

Markham Rd. 416-264-4446

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• Community Health Centres

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AVENUES TO PERMANENCY

Options

• Skilled worker class

• Temporary foreign workers

• Visitors

• Students

• Refugees

• Sponsorship

• Humanitarian and Compassionate applications

• Provincial Nominee

Resources

• CIC website

• FCJ Refugee Centre orientation sessions

• CLEO

• CCR

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AVENUES TO PERMANENCY

Recent changes have taken place to Canadian immigration and refugee policies that may impact certain groups of students, including:

• Family class

• Economic class

• Provincial nominee

• Refugees

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IF THE AUTHORITIES DETAIN

Common Issue

• Citizenship and Immigration Canada (CIC), Canada Border Services Agency (CBSA) and any Police officer can intercept, detain and/or arrest non-status “foreign nationals” wherever they find them, with or without a warrant of arrest.

Remember

Phone a friend or relativeThe Refugee Law Office(416) 977-8111TRAC(416) 401 8537

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PERMANENT RESIDENTS AND CRIMINAL ADMISSIBILITY

Bill C-43

“The faster removal of foreign criminals act…”

Under new rules permanent residents will be deported to their country of origin without access to any appeal if they are sentenced in Canada to prison for 6 months or more for a crime, or commit certain crimes abroad, no matter what sentence received…

What you can do…

Encourage permanent residents to apply for citizenship as soon as they are eligible, for themselves and their children. Citizens cannot be deported.

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PERMANENT RESIDENTS AND CRIMINAL ADMISSIBILITY

Examples of affected persons:

A permanent resident is convicted of a drug related offence and sentenced to one year imprisonment under the new mandatory minimum sentence rules. Since the sentence is more than six months, this person faces deportation without any opportunity to appeal the decision…

A 19-year-old permanent resident uses a fake ID to try to get into a bar in the United States. She admits this to a Canadian immigration officer. Using a false document is a crime punishable in Canada by up to 10 years imprisonment – she is therefore inadmissible on grounds of serious criminality. Even though she was not charged or convicted in the US, she could face deportation from Canada without any opportunity to appeal the decision.

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SOURCES FOR INFORMATION

Common Issues

Student may seek legal information from a variety of sources including: lawyers, legal clinics, immigration consultants and community organizations

Resources

• CIC

• CCR

• CARL

• CLEO

• FCJ Refugee Centre orientation sessions

• Some lawyers do orientation free of charge (e.g. Adela Crossley)

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SUMMARY

How can we support students and safely and appropriately promote legal rights?

• Recognize our role as “trusted intermediaries” and commit to working in an anti-racist, anti-oppressive environment (ARAO)

• Prioritize self-determination and autonomy when promoting PLE

• Connect with wider community and resources

• Work toward the development of promising practices

• Develop and use materials in the classroom that raise visibility of legal issues

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THANK-YOU!

For further information or to book further workshops

for your school, please contact: Carolina Teves at

cteves@fcjrefugeecentre.org

(416)469-9754 x 226