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3 Online Resources Where You Can Report & Get Help As A Victim Of Domestic Violence

At Rye Law we practice in many fields of law and unfortunately, domestic violence is one of them. In an age of social justice as well as an age of technological integration with legal matters and proceedings, we have decided to provide you with “3 online resources where you can report/get help as a victim of domestic violence”. From domestic violence to family law, Rye Law is there for you for your whole journey. If you are a victim who cannot call 911 for any circumstances or need shelter from an abuser, please follow one of the resources below.

1.     Theredwood.com

“The redwood” is a charity and shelter that supports victims of domestic violence. They offer a 24-hour toll-free line, with 170 languages. Unique to their website they have a “Cover your Tracks” option where they breakdown how to do so with each different browser to maintain your anonymity. The story of “the redwood” begins in 1987, where a group of neighbors from Parkdale, Toronto had united to aid victims of domestic violence by providing a haven and support channels. In 1991 they were able to purchase a rundown warehouse and began to prepare it for the use of housing displaced women. 29 years later “the redwood” has become one of Toronto’s most recognizable and trusted safe havens and support centers for victims of domestic violence.

 2.     Awhl.org “Assaulted Women’s Helpline”

The assaulted women’s helpline acts both as a charity and place of support for victims. Created in 1985 the assaulted women’s helpline opened its line to take its first call on November 4, 1985, this was the first of its kind in Ontario. Now the AWHL offers both legal resources as well as health care options, once you visit this page there is an out pour of support from many donators and benefactors that support the cause to end domestic violence.

 3.     Victimservicestoronto.com

Victim services Toronto covers a wide arrange of support from victims including, family disputes, animal abuse, and high-risk support services (domestic violence). What high risk service means is to promote the safety of individuals and their families who are at a high risk of experiencing violence by an intimate partner or ex-partner. The website includes a phone number to the program coordinator who is available 24/7.

As sons and daughters to women we must take their safety and well being as a priority when advocating for them. Matters of domestic violence are never black and white but most often reside in the grey area, meaning, that the victim of such crimes does not always have the option to just call 911, with that being said we here at Rye Law hope that this blog has informed you the resources available to you.

            Thank you and stay safe.

-          Rye Law Firm

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MISREPRESENTATION AND ITS CONSEQUENCES!

 What is Misrepresentation?

In immigration and refugee law misrepresentation is a serious offense as defined in the Immigration and Refugee Protection Act (IRPA) as;

40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

(c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or

(d) on ceasing to be a citizen under

(i) paragraph 10(1)(a) of the Citizenship Act.

 Misrepresentation is when an individual intentionally alters information or a material fact on an application, in documentation submitted or even when speaking with an Immigration officer. Misrepresentation can also include omission and unintentional misrepresentation; the applicant does not have to be aware that a misrepresentation occurred to be at fault. Misrepresentation does not have to have been the result of action or inaction of the applicant, if the applicant’s sponsor or a family member misrepresents themselves then the applicant will be held responsible for that misrepresentation. There are many acts which may constitute misrepresentation, some of them are;

-          Providing false documents regarding; birth, death, marriage, divorce

-          Providing false documents regarding; police clearance’s or background checks

-          Providing false documents regarding; education transcripts, diplomas, degrees

-          Providing false information when speaking to an Immigration officer

-          Providing false information on an immigration/refugee application

-          Providing false travel documents

-          Purposefully withholding important information from the IRCC

-          Receiving sponsorship from an inadmissible person due to misrepresentation

 What are the Consequences of Misrepresentation?

There is a small window in which applicants accused of misrepresentation can submit a written Procedural Fairness Letter regarding the allegation. It is important that the applicant or preferably their lawyer, submit the response in a timely manner and address all the material facts and cite any legal principles and mitigating factors. The officer will assess the application and the Procedural Fairness Letter and make a determination on whether they are guilty of misrepresentation.

 The Immigration and Refugee Protection Act outlines the severe consequences for individuals who are found to be guilty of misrepresentation. If an Immigration officer is satisfied that an applicant for permanent residency is guilty of misrepresentation then they will be deemed inadmissible to re-apply for immigration into Canada for 5 years, their name will be entered into the IRCC fraud records and their legal status in Canada could be revoked. If the individual is already a permanent resident of Canada who is applying for citizenship, they could have their legal status as a permanent resident in Canada revoked and forced to leave the country.

 Individuals who are found guilty of misrepresentation are guilty of a serious offense that carries with it a potential penalty of a fine up to $100,000 or imprisonment up to 5 years if convicted of an indictable offense, or a fine of up to $50,000 and up to 2 years in prison for a summary conviction.

 With such dire consequences it is of the utmost importance that there are no mistakes made on an application for permanent resident status or Canadian citizenship, because any fact can be considered a material fact by an Immigration officer. It is important to always be truthful and transparent when speaking to an Immigration officer to mitigate any potential of misrepresentation.

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RISE IN DOMESTIC VIOLENCE ISSUES.

Prior to the COVID-19 pandemic Canada was facing and continues to face a persistent rise in domestic violence issues. Domestic violence is psychological or physical violence that is inflicted on a person by someone living in their home, usually a close relative or family member. Domestic violence can be emotional abuse such as insults or range all the way up to physical abuse leading to permanent physical damage and death. 

From 2009 to 2018 Canada saw a decline in domestic violence reports, but in 2018 that changed. The numbers of domestic violence reported began to increase and have continued to do so, especially during the COVID-19 pandemic. Groups of persons most effected by domestic violence are women, children, transgender persons, indigenous women and seniors, but women are significantly more effected. Statistics Canada reported that “nearly half of all violence against women stemmed from their partners.”  Those persons in society who are more vulnerable are the most likely to become a victim of domestic violence.

Domestic violence issues are also very prevalent in rural areas due to increased rural poverty. Rural Canadian communities suffer from a lot of unemployment, seasonal work and a decline in local populations which results in an increase in domestic violence. Stress caused my uncertainty of future employment and income can create situations that are more likely to result in domestic violence. Rural domestic violence is also facilitated in part by more general isolation, houses are not as close together - there may be kilometres between them. There is no public transportation system for persons at home who do not have a vehicle; all these factors play a role in increased domestic violence in rural areas. 

In 2019, domestic homicide rates spiked alarmingly in Canada. There was an increase in domestic homicide rates of women and young girls who were killed by a loved one or family member. It is important to remember that while the statistics show that there is an ongoing increase in domestic violence, approximately 80% of all domestic violence goes unreported. This means that we do not know the complete extent of the issue in our society.  Women, children, aboriginal persons, and seniors are the victims of domestic violence every day in Canada and over 80% is never reported to the authorities. It is also important to remember that these high-risk groups are not the only individuals effected by domestic violence, there are a considerable number of men who are victims and in particular, men in same-sex relationships.

The spike in domestic violence does not showcase the number of Canadian’s who are living in a violent domestic household. There are many reasons why victims choose not to speak up, some of them are;

• Fear that nothing will be done to help them • Fear that they may make the situation work if their abuser finds out they tried to speak up • Fear that they will not be believed • Fear of leaving because they have nowhere to go – homelessness • Fear because of racial, economic, political or ethnic barriers • Fear for their children 6

With domestic violence on the rise before the COVID-19 pandemic, and even more so now it is important that victims of domestic abuse know where and how they can seek the help they desperately need.

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The Importance of Economic Immigration for The Canadian Economy.

 For foreign nationals who wish to become a permanent resident of Canada, one of the most common immigration categories is economic immigration. Trends on economic immigration demonstrate that 75% of Canada’s population growth comes from immigration, mostly in the economic category. Economic immigration categories are organized into five different classes based on a number of factors for applicants who have specific skills and experience.

 The five classes are identified as the Federal Skilled Worker Program, the Federal Skilled Trades Program, Quebec Skilled Workers, Provincial Nominee Program, and Canadian Experience Class. These programs allow individuals who have specific occupational knowledge and experience that meet the needs of the Canadian labor market to contribute to the economy. Statistics demonstrate that about 6 in 10 immigrants are selected for their positive economic impact.

 In 2015, the federal government introduced the Express Entry system, an application management system for key economic immigration programs. This system includes the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. Express Entry is a merit-based points immigration system which utilizes a comprehensive ranking system to select candidates. This system assigns each immigration candidate a score, then ranks each candidate’s score against one another. This process ensures only the highest scoring candidates with meaningful skills are selected to become permanent Canadian residents.

 Since its introduction, the Express Entry system has attracted almost 230,000 high-skilled foreign workers and former international students who want to live in Canada permanently and who’s in-demand skills are needed by employers. These high-skilled foreign workers can help build businesses and grow the Canadian economy.

 Express Entry utilizes Canadian’s immigration program by seeking out workers who have the skills and abilities that are needed in Canada. The top five occupations of candidates invited to become permanent residents under Express Entry are:

1.      Software engineers and designers.

2.      Information systems analysts.

3.      Computer programmers.

4.      Financial auditors and accountants.

5.      Advertising, marketing and public relations professional.

In addition to Canada’s Express Entry program, other immigration programs have been developed that focus on achieving the objectives of the Immigration and Refugee Protection Act. These objectives include permitting Canada to pursue the maximum social, cultural and economic benefits of immigration, and supporting provincial and territorial economic growth.

 The Business Immigration Program was designed to promote economic development and employment by attracting people with capital, business acumen and entrepreneurial skills. Mainly, The Business Immigration Program is designed to encourage and facilitate successful business people who are seeking new opportunities and challenges, while promoting the growth of Canada’s economy. The Business Immigration Program includes 3 classes of foreign nationals: entrepreneurs, investors, and self-employed persons.

Foreign nationals who wish to immigrate under this program must meet specific eligibility requirements under one of the classes. There are several avenues to apply under this program, including the Provincial Nominee Entrepreneur programs, the Federal Start-Up Visa program, and investor programs. These programs contribute to Canada being number one in the world at attracting entrepreneurs and highly educated people.

Immigration has demonstrated to be beneficial to the Canadian economy in other ways as well. The 2018 Annual Report to Parliament on Immigration brings key analysis and data on immigrant contributions to the Canadian economy and labor market. In particular, the report cited that with Canada’s ageing population and low fertility rate, immigration helps to ensure that Canada’s population and labor force continue to grow. The relatively young average age of immigrants can help to mitigate some of the challenges of an ageing demographic and can help to lessen the decline of Canada’s worker-to-retiree ratio.

Immigration also helps to meet specific regional labor market needs, especially through Provincial Nominee programs. These programs can be utilized to fill gaps that exist in the labor market, and immigrants can help satisfy these needs, which in turn, stimulates economic growth

The 2018 Annual Report to Parliament on Immigration revealed further economic advantages of Immigration. When immigrants come to Canada, they become part of the consumer market and pay taxes, contributing to the economy, and increasing productivity of the region. This report demonstrates that Canada’s economy has benefited from solid gains in the size of the labor pool, largely due to immigration.