| |
|
May 2008 - Erin Reid
For people who have lived in Canada their whole lives, access to the legal system can seem prohibitive. Imagine, then, how intimidating it must appear to immigrants, particularly women.
Ironically, immigrant women are often among those most in need of legal assistance when they arrive here. Many are without funds or any means of support. Very often these women are completely financially dependent on their spouses and, in many cases, dependent for their very legal standing in Canada. Often, they can’t speak English, which also compromises their access to legal resources and their ability to speak on their own behalf in court.
Cultural and gender expectations may also render immigrant women unable to speak for themselves because if they do so, they may be at risk of alienation, or even punishment, from their spouses, family members and, worst of all, their own children.
In Ontario, if a woman is being abused by the person she’s dependent on, and if that person is threatening to stop supporting her or children financially, or threatening to terminate sponsorship of her move to Canada, she may be very reluctant to seek assistance even if she can access it. The woman may be afraid or may feel it’s not her place to do so.
Many of my most frustrating cases have involved immigrant women. I’ve had a number of cases in which I’ve closed a file with the unfortunate feeling that, due to issues beyond my control as a lawyer, I’ve been unable to do enough to help. I often feel frustrated by the limitations within the system, which are often economic, and by the fact that legal aid doesn’t provide these women with funding to make family law property claims against their spouses, but simply claims for custody, restraining orders and support.
Other times I feel frustrated at my lack of ability to communicate with the woman, whether due to a language barrier or the fact that I’m unable to meet with her often enough, one-on-one without other family members present.
So how can we assist women immigrating to Canada? I would say that certainly education and support for funding are crucial in ensuring that immigrant women are able to access the legal system once they arrive. The responsibility likely rests with all of us to help these women with their language skills and in pushing the government to fund the programs that exist to assist them.
Educating these women about their rights is also very important. It’s crucial that they know they’re entitled to support from their partners outside of the marriage relationship in Ontario, and to property division, in most instances. It’s important they know they can seek custody of their children and that custody orders can be enforced through the courts and by local authorities. It’s important for them to know that they have rights, such as applying for permanent residency on humanitarian grounds, if their spouse threatens to terminate a spousal sponsorship.
Personally, I would like to see fewer of my files involving immigrant women conclude with frustration and more of them conclude with these women having gained self-sufficiency and a sense of security in their new surroundings, both for themselves and their children. This is especially true as immigrant women form a greater and greater portion of our society. It can only serve to benefit us all.
|
